EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 364
QUARANTINE ACT 1908
QUARANTINE (ANIMALS) REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister for Primary Industry
Section 87 of the Quarantine Act 1908 (“the Act”) provides, among other things, 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, and in particular for regulating the performance of quarantine.
Regulation 35 of the Quarantine (Animals) Regulations (“the Regulations”) required that an animal of a class specified in Schedule 2 to the Regulations that was ordered into quarantine and conveyed to a quarantine station should be detained until the number of days specified in the Schedule for that class of animal had elapsed. The regulation made provision for the detention of any animal in quarantine for a longer period than
that specified in Schedule 2 where, in the opinion of the Chief Quarantine Officer, there was a danger of introducing some disease if the animal was released. Particular provisions were also included in the regulation and in Schedule 2 for the transport of dogs and cats to Australia.
Recent changes in animal importation policy in response to such factors as changing disease status of particular countries, new technical developments and importer demand have necessitated the continuous development of importation conditions for new animal species and the refinement of existing conditions of importation. Such changes already in effect have not been reflected in Schedule 2 and, because of the continuous process of development and refinement, the Schedule would continue to require constant amendment.
Consequently, the need was perceived to amend regulation 35 and Schedule 2 in order to accommodate changes in animal importation policy as they occurred and to provide sufficient flexibility to enable disease risks brought about by unforeseen circumstances, particularly with respect to the transport of dogs and cats by air, to be assessed on an individual basis.
The Regulations repeal Schedule 2 to the Quarantine (Animals) Regulations and substitute a provision in sub-regulation 35(1) for the Director, or a person authorised by the Director, to determine the period of detention in quarantine for an animal ordered into quarantine and conveyed to a quarantine station.
Other mention of Schedule 2 in sub-regulations 35(2) and (4) are omitted and substituted by references to the period of detention determined in sub-regulation (1).
In addition, provision is included for the Director, or a person authorised by the Director, to extend the quarantine period beyond that period determined by him in sub-regulation (1) where, in his opinion, there is a risk of introducing some disease if the animal is released, or, in the case of a dog or cat, in his opinion, a similar risk exists or certain requirements for the transport of dogs and cats by air have not been satisfied.
The Regulations retain the provision in sub-regulation 35(5) to provide for a place other than a proclaimed quarantine station, approved under sub-section 46A(1) of the Act, to be a quarantine station for the purposes of the Regulations.