Quarantine (Animals) Regulations (Amendment)

Overview

Statutory Rules 1976 No. 83, enacted under the Quarantine Act 1908-1973, addresses the need for stringent biosecurity measures to prevent the introduction of diseases into Australia through the importation of animals, particularly cattle, from New Zealand. The regulations were introduced to ensure that air transportation of cattle from New Zealand adheres to strict hygiene and disinfection protocols to mitigate the risk of disease transmission. The policy objective is to protect Australia's livestock industry from contagious diseases that could be introduced through animal imports. The enacting body was the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The regulations require that cattle transported by air from New Zealand must be accompanied by specific certificates and declarations, ensuring that the transport vessels and containers have been properly cleaned and disinfected before and after transport.

Scope and Application

The Statutory Rules 1976 No. 83, made under the Quarantine Act 1908-1973, specifically address the transportation of cattle by air from New Zealand to Australia. These regulations apply to any cattle being transported via air from New Zealand to Australia, requiring that such cattle cannot be landed in Australia unless certain conditions are met. These conditions include the presentation of certificates from the Port Agricultural Inspection Service of New Zealand or an approved authority, attesting to the thorough cleaning and disinfection of both the compartment of the vessel and the container used for transportation. Additionally, declarations must be submitted by the person in charge of the vessel and the owner or consignor of the animal, confirming that the cleaning and disinfection were completed before the cattle were loaded, and that the vessel and container have not been used for other purposes post-disinfection. This regulation is an extension of the Quarantine (Animals) Regulations, which already govern the importation of animals into Australia, and it applies only to cattle transported by air from New Zealand. The regulation delineates specific disinfectants that must be used, thereby setting clear standards for biosecurity to prevent the introduction of diseases such as foot and mouth disease and swine vesicular disease.

Key Provisions

The main operative sections of this regulation (section 12) require that cattle transported from New Zealand to Australia by air must comply with strict cleaning and disinfection protocols before being landed. Specifically, the regulation mandates that the compartment of the vessel occupied by the animal and the container used to transport the animal must be thoroughly cleaned of all foreign matter and sprayed with a prescribed disinfectant (section 12(2)(a) and (b)). Additionally, the regulation requires the production of various certificates and declarations to the Chief Quarantine Officer. These include a certificate from the Port Agricultural Inspection Service of New Zealand or an approved authority, confirming the cleaning and disinfection of both the vessel and the container (section 12(2)(a) and (b)). It also requires a declaration from the person in charge of the vessel, stating that the vessel has not been engaged in any other air navigation except directly between specified locations (section 12(2)(c)). Similarly, a declaration from the owner or consignor of the animal is required, confirming that the container has not been transported otherwise than directly between specified locations (section 12(2)(d) and (f)). The obligations imposed by this regulation are stringent and require compliance from various parties. The person in charge of the vessel must ensure that both the compartment and the container are cleaned and disinfected according to the specified standards. This involves producing certificates from the Port Agricultural Inspection Service of New Zealand or an approved authority, attesting to the thoroughness of the cleaning and disinfection process. Additionally, the person in charge must provide a declaration confirming that the vessel has not been used for any other air navigation except as specified. The owner or consignor of the animal must also ensure that the container has not been transported otherwise than as specified and must provide a corresponding declaration. These obligations ensure that the risk of disease transmission is minimised during the transportation of cattle by air from New Zealand to Australia. Breaches of this regulation can lead to significant penalties and consequences. While the specific penalties are not detailed in the provided text, under the Quarantine Act 1908-1973, non-compliance with quarantine regulations can result in both civil and criminal penalties. Civil penalties can include fines, and in severe cases, criminal penalties such as imprisonment may be imposed. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or additional legislation. The regulation's purpose is to protect Australia's biosecurity by preventing the introduction of diseases through the transportation of animals, thereby enforcing strict compliance to safeguard public and animal health.