EXPLANATORY STATEMENT
1989 No 272
Issued by the Authority of the Minister for Resources
QUARANTINE ACT 1908
QUARANTINE (ANIMALS) REGULATIONS
(AMENDMENT)
Section 87 of the Quarantine Act 1908 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required to be prescribed for carrying out or giving effect to the Act, and in particular for regulating the performance of quarantine.
Forms A, B, C, D and E are prescribed forms under the Quarantine (Animals) Regulations and are contained in Schedule 1 to the
Regulations. Under the existing Regulations any alteration of a form necessitates amendment of the Regulations.
There is now a need to update these forms to bring them into line with current forms design. To effect this and to facilitate any future changes which may become necessary, amendment of the Quarantine (Animals) Regulations is desirable to enable a form to be revised without amendment of the Regulations.
Details of the Quarantine (Animals) Regulations are:
Regulation 1 states that the Principal Regulations are the Quarantine (Animals) Regulations;
Regulation 2 amends Regulation 8 of the Principal Regulations, in which the master of a vessel is required to give notice and a declaration, by omitting reference to Form A and substituting reference to a form approved by the Director of Quarantine. The type of information required by the form is specified as information concerning the animals on board the vessel during the voyage;
Regulation 3 amends Regulation 36 of the Principal Regulations in which a permit for an animal to leave a vessel or a quarantine station is in accordance with Form B, by omitting reference to Form B in subregulation 36(1) and substituting reference to a form approved by the Director of Quarantine;
Regulation 4 similarly amends Regulation 52 of the Principal Regulations, in which the owner of any zoological garden, circus or theatre may apply for registration in accordance with Form C and may be issued with a licence in accordance with Form D, by omitting reference to Form C and Form D and substituting reference to a form approved by the Director of Quarantine in each case;
Regulation 5 amends Regulation 59 of the Principal Regulations which requires the master of a vessel on which there is an animal or the hide or skin of an animal not intended nor permitted to be imported to give notice, by omitting reference
to Form E and substituting reference to a form approved by the Director of Quarantine. The type of information required by the form is specified as information concerning any animals, hides and skins on board the vessel during the voyage and the vessel’s ports of call and proposed ports of call;
Regulation 6 amends Regulations 72, 73 and 74 and subregulations 75(1) and 76(1) by omitting the word “Vanuatu” and substituting the words “Vanuatu or” in order to correct a minor omission in a previous amendment and to clarify that those Regulations refer to hides and skins in relation to New Zealand, Fiji, Norfolk Island, Western Samoa, New Caledonia, Tonga, Vanuatu or the Independent State of Papua New Guinea;
Regulation 7 deletes Schedule 1 to the Principal Regulations which sets out the content of the Forms A, B, C, D and E.
Overview
The Quarantine (Animals) Regulations (Amendment) of 1989 was enacted to address the need for updating and simplifying the forms required under the Quarantine Act 1908. This Act was introduced to ensure the smooth operation of quarantine processes and to safeguard Australia against the introduction of pests and diseases through the import of animals. The amendment was made by the Minister for Resources and authorised by the Governor-General, reflecting the legislative authority granted under section 87 of the Quarantine Act 1908. The policy objective of the amendment was to streamline the regulatory process by enabling the Director of Quarantine to approve forms without necessitating further amendments to the Regulations. This approach was intended to facilitate easier updates to the forms and to maintain compliance with contemporary design standards.
Scope and Application
The Quarantine (Animals) Regulations (Amendment) pertains to the Quarantine Act 1908, applying to various entities and individuals involved in the transport and management of animals within Australia. The primary focus of the Act is to regulate the performance of quarantine measures for animals, ensuring they do not introduce diseases or pests into the country. This applies to masters of vessels, owners of zoological gardens, circuses, and theatres, and other relevant parties. The geographic reach of this legislation is national, as it pertains to the entirety of Australia. The Act's amendments aim to streamline the updating of prescribed forms used in the application and enforcement of quarantine measures by allowing forms to be revised without necessitating amendments to the Regulations themselves. This facilitates easier updates and adjustments to the forms in response to evolving needs or requirements. The amendments also correct and clarify certain references to countries and territories related to animal hides and skins. The changes do not alter the fundamental scope or application of the Quarantine Act 1908 but rather aim to improve its administration through updated and more flexible regulatory forms.
Key Provisions
The key provisions of the Quarantine (Animals) Regulations (Amendment) involve updating and amending the forms used under the Quarantine (Animals) Regulations. Regulation 2 modifies Regulation 8 of the Principal Regulations, requiring the master of a vessel to provide notice and a declaration concerning animals on board the vessel, but now referencing an approved form instead of the previously prescribed Form A. Regulation 3 updates Regulation 36 by substituting a permit form for animals leaving a vessel or quarantine station with a Director-approved form instead of Form B. Similarly, Regulation 4 revises Regulation 52, replacing Forms C and D for applications and licences for zoological gardens, circuses, or theatres with approved forms. Regulation 5 updates Regulation 59 to require notice from the master of a vessel carrying animals, hides, or skins not intended for import, now using an approved form instead of Form E. Regulation 6 corrects a minor omission in previous amendments by specifying that certain regulations now refer to hides and skins in relation to additional territories. Lastly, Regulation 7 deletes Schedule 1, which previously detailed the content of Forms A, B, C, D, and E.
The obligations imposed on parties by these amendments are primarily on the masters of vessels, owners of zoological gardens, circuses, and theatres, and other relevant parties who must now use forms approved by the Director of Quarantine for specific notices, declarations, applications, and permits. This change streamlines the process for updating forms and ensures that the required information is still provided, albeit through a more flexible, Director-approved form rather than a fixed form prescribed in the regulations.
Breaches of these regulations could result in both civil and criminal consequences. For instance, failure to provide the necessary notice or declaration concerning animals on board a vessel or failure to use the correct approved form could result in penalties. The exact penalties are not specified in the explanatory statement but would typically align with those stipulated elsewhere in the Quarantine Act 1908 or related legislation, which could include fines and potential imprisonment depending on the severity of the breach. The precise maximum penalties would need to be referenced from the primary Act or other relevant legislation.