EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 25
QUARANTINE (ANIMALS) REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Health
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 by the Act 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. Under paragraph 87(1)(o), the Governor-General may make regulations for prescribing the fees payable in respect of examinations, services or certificates by quarantine officers and the persons by whom the fees are payable.
Section 64 of the Act provides, inter alia, that the expenses connected with the examination of any animals or plants or goods, and of their conveyance to a quarantine station, and of their detention, maintenance and treatment in quarantine or under quarantine surveillance, and the expenses connected with the removal, disposal, and destruction of any animals, plants or goods ordered to be destroyed in pursuance of the Act shall be
paid by the importer or owner of the animals or plants or goods to the Commonwealth, and shall be a charge upon the animals or plants or goods or may be recovered as provided for in the Act.
To recover the above expenses in respect of animals, fees are prescribed under the Quarantine (Animals) Regulations. The Government has decided that quarantine fees should be set at a level which would enable the recovery of direct operating costs. In view of continually rising costs, the existing fees are now regarded as inadequate. Consequently, it has been proposed that the fees charged under the Quarantine (Animals) Regulations be increased by 50%.
The regulations give effect to this by amending Regulation 95 and Schedules 3 and 4 to provide for the new fees. Also incorporated into the amendments is a transitional provision which provides that animals, animal products and other goods which are in a quarantine station, or have been consigned
for delivery to Australia, at or before the commencement of the regulations, respectively, would attract fees at the current rate. The amendments to the regulations are expressed to come into effect on 1 March 1984.
Overview
The Quarantine (Animals) Regulations (Amendment) 1984 was enacted to address the inadequacy of existing quarantine fees in covering the rising operational costs associated with the examination, detention, and treatment of animals and goods at quarantine stations. This amendment to the Quarantine (Animals) Regulations was issued under the authority of the Minister for Health, pursuant to Section 87 of the Quarantine Act 1908. The primary policy objective of these amendments is to ensure that fees are set at a level sufficient to recover the direct operating costs incurred by the Commonwealth. The regulations propose a 50% increase in fees to achieve this objective, with a transitional provision maintaining the current fee rates for animals and goods already in quarantine or consigned for delivery at the time of the regulation's commencement, effective from 1 March 1984.
Scope and Application
The Quarantine (Animals) Regulations (Amendment) Statutory Rules 1984 No. 25 pertains to the regulation of fees associated with the examination, services, and certificates provided by quarantine officers, as mandated by section 87 of the Quarantine Act 1908. This Act applies to importers, owners, and any other persons or entities involved in the importation or conveyance of animals, plants, or goods into Australia. The fees are designed to cover the direct operating costs associated with the examination, detention, maintenance, and treatment of these items under quarantine. The application of these regulations extends across the Commonwealth, ensuring uniform standards and fees across all states and territories. The amendments specify an increase in fees by 50% to better align with current operational costs, and they include a transitional arrangement for animals, animal products, and goods already in quarantine or consigned for delivery before the new fees take effect. These regulations, therefore, establish a financial framework for the management of quarantine operations in Australia and are instrumental in ensuring the effective enforcement of quarantine laws.
Key Provisions
The main operative sections of the Quarantine (Animals) Regulations (Amendment) Statutory Rules 1984 No. 25, as referenced in Section 87 of the Quarantine Act 1908, involve amending Regulation 95 and Schedules 3 and 4 to increase the fees charged for examinations, services, and certificates by quarantine officers. Specifically, Regulation 95 is being altered to reflect the new fee structure, while Schedules 3 and 4 are updated to include the revised fees for various animals and goods. This amendment seeks to ensure that the fees enable the recovery of direct operating costs, which have risen over time and rendered the existing fees inadequate.
These amendments impose specific obligations on parties and entities governed by the Quarantine Act 1908. Importers and owners of animals, plants, or goods subject to quarantine must now comply with the updated fee schedule. This means they will need to pay the increased fees for any examinations, services, or certificates provided by quarantine officers. The regulations also specify that for animals, animal products, and goods that are already in a quarantine station or have been consigned for delivery to Australia as of the commencement of the regulations, the current fees will still apply, thereby providing a transitional period.
The Quarantine (Animals) Regulations (Amendment) Statutory Rules 1984 No. 25 also outline the consequences for non-compliance with the new fee structure. While the explanatory statement does not detail specific offences or penalties, it is implicit that failure to pay the prescribed fees could result in legal action under the Quarantine Act 1908. This might include penalties for non-payment or other breaches related to the fees and costs outlined in the Act. Given that the fees are meant to recover direct operating costs, the penalties could potentially align with those specified in the Quarantine Act 1908 for non-compliance with payment requirements.
In summary, the amendments to the Quarantine (Animals) Regulations serve to adjust the fees charged for quarantine services to reflect current operating costs. Importers and owners of animals, plants, or goods are required to adhere to the new fee schedule, with a transitional provision in place for those already in the quarantine system. Non-compliance with the new fees could lead to legal consequences under the Quarantine Act 1908, although specific penalties are not detailed in the explanatory statement.