EXPLANATORY STATEMENT
Issued by the authority of the Minister of State for Resources
QUARANTINE ACT 1908
QUARANTINE (ANIMALS) REGULATIONS
1987 No. 303
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 are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Regulations cannot prohibit the importation of plants, animals or goods; only proclamations made under section 13 of the Act can.
Sub-section 33(3) of the Acts Interpretation Act 1901 provides that the power to make any instrument (including regulations) shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner to repeal any such instrument.
The proposed Quarantine (Animals) Regulations (Amendment) repeals Quarantine (Animals) regulation 82 dealing with the landing of meat and regulation 82A which deals with the importation of dried blood and dried blood albumen.
Proclamations 134A and 135A made under section 13 of the Act establish a new regime for the importation of canned and uncanned meat (‘meat’ has been defined to include blood), obviating the need for regulations 82 and 82A. The Proclamations prohibit the importation of uncanned and canned meat respectively unless a permit to import has been granted and the requirements set out in the relevant Proclamation have been met.