STATUTORY RULES.
1937. No. 69.
REGULATIONS UNDER THE QUARANTINE ACT 1908-1924.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Quarantine Act 1908-1924.
Dated this sixteenth day of June, 1937.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
W. M. HUGHES
Minister of State for Health.
Amendments of Quarantine (Animals) Regulations.†
1. Regulation 6 of the Quarantine (Animals) Regulations is amended by omitting the words “in Australia of that vessel” and inserting in their stead the words “of the vessel at the port at which such animal is to be landed”.
2. Regulation 12 (c) of the Quarantine (Animals) Regulations is amended—
(a) by inserting after the words “stating that” the words “infectious anaemia”; and
(b) by omitting the word “fifteen” and inserting in its stead the word “fifty”.
3. Regulation 69 of the Quarantine (Animals) Regulations is amended by inserting after the word “exporter” the words “made in the country of origin before a magistrate, if that country is within the United Kingdom or is a British possession, and if that country is not within the United Kingdom and is not a British possession, before a British Consul or British official resident.”
4. Regulation 82 of the Quarantine (Animals) Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulation:—
“(2) This regulation shall not apply to—
(a) the carcasses of birds commonly known as ‘game’ imported from and having their origin in—
(i) Great Britain, Northern Ireland, the Irish Free State, the Channel Islands or New Zealand;
(ii) any country other than Great Britain, Northern Ireland, the Irish Free State, the Channel Islands or New Zealand provided that all the internal organs and the head and feet have been removed.
(b) fish.”
* Notified in the Commonwealth Gazette on , 1937.
† Statutory Rules 1935, No. 71, as amended by Statutory Rules 1936, No. 37.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2726.—6/31.5.1937.—Price 3d.
Overview
The Statutory Rules 1937 No. 69, made under the Quarantine Act 1908-1924, aim to address gaps in the regulatory framework for animal quarantine, particularly focusing on the importation of animals and animal products. Enacted by the Governor-General in and over the Commonwealth of Australia, with the advice of the Federal Executive Council, these regulations were designed to ensure the health and safety of Australia's livestock by updating and refining the processes for animal importation. The specific policy objective of these regulations includes enhancing the control and management of infectious diseases by modifying the existing quarantine measures, thereby safeguarding Australia's agricultural sector from potential health risks posed by imported animals and animal products.
Scope and Application
The Quarantine (Animals) Regulations, made under the Quarantine Act 1908-1924, apply to the importation of animals and animal products into Australia and the exportation of animals from Australia. These regulations govern the conditions under which animals can be landed in Australia, including health certification and quarantine procedures. The scope of these regulations encompasses all animals and animal products intended for entry into or exit from Australia, regardless of their origin or destination. They are applicable nationwide, ensuring uniformity across state and territory borders in terms of quarantine and health standards. Certain exclusions are noted, such as the exemption of game bird carcasses originating from specified regions, provided they meet particular criteria, and the exclusion of fish from the application of these regulations. The Regulations are designed to prevent the introduction of infectious diseases into Australia while facilitating lawful trade in animals and animal products. Any further specifications or modifications to these regulations can be implemented through subordinate instruments, thereby extending or refining their application as needed.
Key Provisions
The key amendments to the Quarantine (Animals) Regulations, as outlined in the Statutory Rules 1937 No. 69, primarily involve changes to animal import and export requirements and the specification of diseases to be reported. Regulation 6 has been amended to change the location of the vessel from "in Australia" to "at the port at which such animal is to be landed." Regulation 12(c) now includes the reporting of "infectious anaemia" and extends the period from fifteen to fifty days for the submission of a certificate of health. Regulation 69 introduces a requirement for an export certificate made before a magistrate in the United Kingdom or a British possession, or before a British Consul or official in other countries. Lastly, Regulation 82 is amended to exclude certain bird carcasses and fish from the application of this regulation if they meet specific conditions.
These amendments impose obligations on importers, exporters, and other relevant parties to comply with the new requirements for certificates and reporting of animal diseases. Importers must ensure that the vessel of origin is correctly identified and that all necessary health certificates are in place, while exporters must obtain the appropriate certificates before the shipment of animals. The amendments also place a responsibility on health authorities to enforce these regulations and ensure compliance, particularly with respect to the reporting of infectious diseases like anaemia.
Violations of these regulations can result in significant penalties and legal consequences. While the specific penalties are not detailed in the statutory rules, under the Quarantine Act 1908-1924, breaches can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment. The exact penalties would depend on the severity and nature of the breach, and would be determined in accordance with the provisions of the Quarantine Act.