Quarantine (Animals) Regulations (Amendment)

Overview

The Quarantine (Animals) Regulations (Amendment) (No. 69) 1987 was enacted to address the outdated and impractical provisions within the Quarantine (Animals) Regulations, specifically the defunct exempt exporter regime. This amendment was issued by the authority of the Minister for Primary Industry under the powers conferred by Sub-section 87(1) of the Quarantine Act 1908. The primary objective of this amendment is to ensure that the regulations remain effective and relevant by repealing the regulation 86C, which had no practical effect since the previous amendment revoked the entire exempt exporter regime. The changes are intended to streamline and modernise the regulatory framework governing the quarantine control of animals and animal-derived products, thereby facilitating more efficient and reliable animal quarantine processes. The Amendment came into force upon its gazettement.

Scope and Application

The Quarantine (Animals) Regulations (Amendment) (SR No. 69/1987) amends the Quarantine (Animals) Regulations under the authority conferred by sub-section 87(1) of the Quarantine Act 1908. This legislation applies to entities and persons involved in the import and export of animals and animal-derived products, ensuring compliance with quarantine requirements to protect Australia's biosecurity. The amendment specifically repeals regulation 86C, which previously provided for the status of an "exempt exporter" and associated fee exemptions for services rendered by quarantine officers. By removing this regulation, the amendment effectively eliminates the practical application of the exempt exporter status that was previously available under the repealed regime. The changes introduced by this amendment apply nationally, impacting all jurisdictions within Australia, and come into effect upon gazette, thereby ensuring a consistent approach to animal quarantine regulations across the country.

Key Provisions

The main operative sections of the Quarantine (Animals) Regulations (Amendment) (SR No. 69/2004) involve the repeal of regulation 86C. Section 87(1) of the Quarantine Act 1908 empowers the Governor-General to make regulations for carrying out or giving effect to the Act. The Amendment specifically targets regulation 86C, which previously conferred the right to apply for and be granted "exempt exporter" status, thereby exempting from fees for services provided by quarantine officers. Since the implementation of the Quarantine (Animals) Regulations (Amendment) (SR No. 283/1986), which revoked the entire exempt exporter regime, regulation 86C has had no practical effect. This Amendment repeals regulation 86C, formalising the cessation of its application. The obligations and requirements imposed by the Amendment on the parties or entities it governs are primarily concerned with compliance and adherence to the updated regulatory framework. Parties affected by these regulations must ensure that their operations align with the current legislative standards, particularly in relation to the removal of the exempt exporter status. This means that businesses and individuals previously benefiting from fee exemptions under regulation 86C must now comply with the full fee structure for services provided by quarantine officers. There is also an implicit requirement for businesses to stay informed about regulatory changes and adjust their practices accordingly to maintain compliance. The Amendment does not introduce new offences or penalties but rather addresses the outdated regulation 86C to streamline and clarify the regulatory framework. The repeal of regulation 86C ensures that all parties are subject to the same fee structure, eliminating any discrepancies or exemptions previously in place. While there are no new sanctions introduced by this Amendment, any breaches of other provisions within the Quarantine Act 1908 or its regulations could lead to enforcement actions, fines, or other legal consequences. The precise penalties for breaches would depend on the specific nature of the violation and relevant sections of the Act.