EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 192
Issued by the Authority of the Minister for Resources
QUARANTINE ACT 1908
QUARANTINE (ANIMALS) REGULATIONS (AMENDMENT)
QUARANTINE (PLANTS) REGULATIONS (AMENDMENT)
The Quarantine Act 1908 (the Act) provides for the inspection, exclusion, detention, observation, segregation, isolation, protection, treatment, sanitary regulation and disinfection of vessels, installations, persons, goods, things, animals or plants and has as its object the prevention of the introduction or spread of diseases or pests affecting human beings, animals or plants.
Subsection 87(1) of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed for carrying out or giving effect to the Act.
Section 86E of the Act provides that the Minister may, by notice published in the Gazette, determine that fees of amounts set out in the notice are payable in respect of quarantine examinations, approvals and services, including the issue of certificates and the management and maintenance of animals at a quarantine station in the Cocos Islands.
Before their repeal in 1984, paragraphs 87(1)(o) and (oa) of the Act had provided for the making of regulations, not inconsistent with the Act, prescribing the fees payable in respect of examinations, services or certificates by quarantine officers and the persons by whom those fees were payable and prescribing fees for the management and maintenance of animals at a quarantine station in the Cocos Islands respectively.
The repeal in 1984 of paragraphs 87(1)(o) and (oa) means that there is no longer any statutory authority for regulations dealing with fees.
The reprint of the Quarantine (Plants) Regulations in late 1987 brought to light the fact that the fees provisions in those Regulations had not been repealed. An examination of the Quarantine (General) Regulations and the Quarantine (Animals) Regulations revealed that the necessary amendment had been made to the Quarantine (General) Regulations but not to the Quarantine (Animals) Regulations.
The proposed Quarantine (Animals) Regulations (Amendment) and Quarantine (Plants) Regulations (Amendment) repeal those regulations which prescribe fees and for which there is no longer any authority in the Act.
In addition, the Quarantine (Animals) Regulations (Amendment) updates outdated geographical references.
The proposed amendments will take effect from the date of their notification in the Gazette.
Overview
The Quarantine Act 1908 was enacted to establish a framework for the inspection, exclusion, detention, observation, segregation, isolation, protection, treatment, sanitary regulation and disinfection of vessels, installations, persons, goods, things, animals, and plants. Its primary objective was to prevent the introduction or spread of diseases or pests that could affect human beings, animals, or plants. The Act provided the Governor-General with the authority to make regulations necessary for the Act's implementation, including those concerning fees for quarantine examinations, approvals, and services, as outlined in section 86E. However, with the repeal of specific subsections in 1984, there was a need to address the absence of statutory authority for certain fees-related regulations. This led to the introduction of the Quarantine (Animals) Regulations (Amendment) and the Quarantine (Plants) Regulations (Amendment), which were intended to repeal the outdated fee-related regulations and update geographical references, ensuring the regulatory framework remained relevant and effective.
Scope and Application
The Quarantine Act 1908 applies to a wide range of entities, including vessels, installations, persons, goods, things, animals, and plants, with the overarching purpose of preventing the introduction or spread of diseases or pests affecting human beings, animals, or plants. The Act authorises the Governor-General to make regulations to facilitate its execution, as per Section 87(1), and empowers the Minister to determine fees for quarantine examinations, approvals, services, certificates, and the management and maintenance of animals at quarantine stations, particularly in the Cocos Islands, under Section 86E. These regulations and fees apply nationally, ensuring a cohesive approach to quarantine practices across Australia. The scope of the Act extends to both state and territory jurisdictions, reinforcing its national application. However, the repeal of certain subsections in 1984 has led to the current amendments, which address outdated fees provisions and geographical references in the Quarantine (Animals) Regulations and Quarantine (Plants) Regulations, ensuring the statutory framework remains current and effective.
Key Provisions
The Quarantine (Animals) Regulations (Amendment) and the Quarantine (Plants) Regulations (Amendment) are designed to align the legislative framework with the current authority under the Quarantine Act 1908. Specifically, these amendments address the outdated provisions related to fees for quarantine examinations, services, and certificates, as well as the management and maintenance of animals at quarantine stations in the Cocos Islands (section 87(1)). The repeal of paragraphs 87(1)(o) and (oa) in 1984 removed the statutory basis for these fees, but the regulations had not been updated accordingly. These amendments aim to rectify this oversight by repealing the regulations that prescribe fees without legislative authority. Furthermore, the Quarantine (Animals) Regulations (Amendment) updates geographical references that have become outdated, ensuring the regulations remain accurate and relevant.
The Act imposes several obligations and requirements on the parties or entities it governs. Primarily, it mandates the inspection, exclusion, detention, observation, segregation, isolation, protection, treatment, sanitary regulation, and disinfection of vessels, installations, persons, goods, things, animals, or plants to prevent the introduction or spread of diseases or pests (section 87(1)). The Minister has the authority to determine fees for quarantine examinations, approvals, and services, including the issuance of certificates and the management and maintenance of animals at a quarantine station in the Cocos Islands (section 86E). These provisions ensure that the Act's objectives are met effectively and that appropriate measures are in place to safeguard public health, animal welfare, and plant health.
Breaches of the Quarantine Act 1908 and the associated regulations can lead to significant legal consequences. The Act empowers the enforcement of various penalties for non-compliance. For instance, failure to comply with the requirements for inspection, quarantine, or disinfection can result in criminal charges. Additionally, the imposition of fines can be substantial, with maximum penalties stipulated for specific offences. The exact nature and severity of the penalties depend on the specific breach and the provisions of the Act and regulations, but they are designed to deter non-compliance and ensure the effective prevention of disease and pest introduction or spread.
The proposed amendments to the Quarantine (Animals) Regulations (Amendment) and Quarantine (Plants) Regulations (Amendment) will take effect from the date of their notification in the Gazette. This means that, upon publication, the regulations prescribing fees without statutory authority will be repealed, and outdated geographical references will be updated. The amendments aim to bring the regulations into compliance with the current legislative framework, ensuring that they reflect the latest legal standards and requirements. This timely update is crucial for maintaining the effectiveness of the quarantine measures and preventing any potential legal ambiguities or discrepancies.