Statutory Rules
1976 No. 206
REGULATION UNDER THE QUARANTINE ACT 1908.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Quarantine Act 1908.
Dated this twenty second day of September, 1976.
John R. Kerr
Governor-General.
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Health.
Amendment of the Quarantine (Animals) Regulations†
After regulation 69 of the Quarantine (Animals) Regulations the following regulation is inserted:—
Cheese.
“ 69a. (1) Subject to sub-regulation (10), this regulation applies in relation to—
(a) cheese that, before being landed in Australia, has been removed from the packing in which it was last packed in the country in which it was produced;
(b) cheese produced in or imported from a country other than Canada, Denmark, Finland, Ireland, Japan, New Zealand, Norway, Sweden, the United Kingdom or the United States of America; and
(c) cheese made with an ingredient of mammalian origin that was produced in a country other than Canada, Denmark, Finland, Ireland, Japan, New Zealand, Norway, Sweden, the United Kingdom or the United States of America.
“ (2) Cheese to which this regulation applies shall, immediately after being landed in Australia, be conveyed to a place approved by the Director or an authorized person and kept at that place at a temperature of not less than 2° Celsius for the prescribed period.
“ (3) Subject to sub-regulation (4), the prescribed period for the purpose of sub-regulation (2) is 120 days.
* Notified in the Australian Government Gazette on 28 September 1976.
† Statutory Rules 1935, No. 71, as amended to date. For previous amendments to the Quarantine (Animals) Regulations see footnote † to Statutory Rules 1976, No. 83 and see also Statutory Rules 1976, No. 83.
15094/76—Recommended retail price 10c 10/31.8.1976
“ (4) Where—
(a) cheese has been stored at a temperature of not less than 2° Celsius throughout the period that commenced when the cheese was consigned to Australia and ended on the day on which it was landed in Australia;
(b) there is produced to the Chief Quarantine Officer a statement in writing signed by each of the persons who transported or held the cheese during that period, or his agent, specifying the dates during which the cheese was in the possession of the person who so transported or held it and stating that, throughout the period that the cheese was in the possession of the person who so transported or held it, it was kept at a temperature of not less than 2° Celsius;
(c) the cheese arrives in Australia in the packing in which it was last packed in the country in which it was produced; and
(d) except in the case of cheese that is exempted by the Director or an authorized person from the operation of this paragraph, there is produced to the Chief Quarantine Officer a statement from the manufacturer of the cheese stating that the cheese has attained during manufacture or has attained, or will attain, within the period of 120 days that commenced on the day on which the manufacture of the cheese was completed, an acidity equal to or greater than a pH of 6.
the prescribed period for the purpose of sub-regulation (2) is the period equal to the difference between 120 days and the period referred to in paragraph (a).
“ (5) The Director or an authorized person shall not exempt cheese from the operation of paragraph (4) (d) unless he is satisfied that by reason of any process or processes to which the cheese has been subjected, there would be no greater risk of the presence of any of the viruses of foot and mouth disease in the cheese at the expiration of the period prescribed by sub-regulation (4) than there would be at the expiration of the period prescribed by sub-regulation (3).
“ (6) Where the Director or an authorized person is satisfied that cheese has been manufactured, stored, packed and handled in such a manner and under such conditions that it is not cheese through which any of the viruses of foot and mouth disease could be introduced into Australia, the Director or authorized person may, by instrument in writing, determine that sub-regulation (2) does not apply to the cheese.
“ (7) Where a determination is made under sub-regulation (6), sub-regulation (2) does not apply to the cheese to which the determination relates.
“ (8) Where a determination has been made under sub-regulation (6), the person by whom the determination was made shall cause a copy of the determination to be sent to the importer of the cheese.
“ (9) A reference in sub-regulation (2) or (6) or in paragraph (4) (d) to an authorized person is a reference to a person authorized by the Director, by instrument in writing, to exercise the power conferred on the Director by that sub-regulation or paragraph.
“ (10) Nothing in this regulation applies to or in relation to cheese that had been consigned to Australia before this regulation came into operation.”.
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