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.
Overview
The Quarantine (Animals) Regulations (Amendment) Statutory Rules 1985 No. 364, issued under the authority of the Minister for Primary Industry, amends the Quarantine Act 1908 to address the evolving needs of animal importation policy in Australia. The amendment responds to factors such as changes in disease status in certain countries, new technical developments, and importer demand, which necessitate continuous updates and refinements to importation conditions for new and existing animal species. The primary policy objective of this amendment is to provide flexibility in determining quarantine periods for animals, allowing for individual assessments of disease risks, particularly for the transport of dogs and cats by air.
To accommodate these changes, the Regulations repeal Schedule 2 of the Quarantine (Animals) Regulations and introduce provisions that allow the Director, or an authorised person, to determine the detention period for an animal in quarantine. This approach replaces the previously fixed periods specified in Schedule 2, providing a more adaptable framework for managing quarantine periods in response to emerging disease risks and other unforeseen circumstances.
Scope and Application
The Quarantine (Animals) Regulations (Amendment) 2004 pertains to the Quarantine Act 1908, which applies to the regulation of the importation of animals into Australia. The amendments introduced by these regulations apply to any person or entity involved in the importation of animals, and specifically target the conduct and transactions related to animal importation. The jurisdictional reach of these regulations is national, applying across all states and territories of Australia, in accordance with the Commonwealth's legislative powers. These regulations aim to provide flexibility and responsiveness to evolving animal importation policies, particularly concerning disease risk management for imported animals. The amendments allow the Director or an authorised person to determine the quarantine period for animals, replacing the previous fixed periods specified in Schedule 2, which has been repealed. Additionally, the regulations provide for the extension of quarantine periods if a risk of disease introduction is identified or if specific transport requirements for dogs and cats are not met.
Key Provisions
The main operative sections of the amended Quarantine (Animals) Regulations concern the detention of animals in quarantine. Regulation 35(1) now allows the Director, or an authorised person, to determine the quarantine period for an animal ordered into quarantine and conveyed to a quarantine station. This change replaces the previous fixed periods specified in Schedule 2, which has been repealed. Regulation 35(2) and (4) also have been amended to refer to the detention period determined by the Director rather than the previously specified periods in Schedule 2. Regulation 35(5) retains the existing provision for a place other than a proclaimed quarantine station to be designated as a quarantine station for the purposes of the Regulations, provided it is approved under section 46A(1) of the Quarantine Act 1908.
These changes impose new obligations on the parties and entities governed by the Regulations. The Director, or an authorised person, must now determine the quarantine period for animals based on a variety of factors, including the animal's species, the risk of disease introduction, and specific transport requirements for dogs and cats. This flexibility allows for more dynamic and responsive quarantine measures that can adapt to new information and changing circumstances. Furthermore, the Director can extend the quarantine period if there is a risk of disease introduction or if certain transport requirements for dogs and cats have not been met.
The Regulations do not specify any new offences or penalties for breaches of the amended provisions. However, failure to comply with the new requirements for determining and potentially extending the quarantine period could result in legal consequences under the Quarantine Act 1908. This might include enforcement actions, fines, or other penalties as prescribed by the Act. The exact penalties would depend on the specific nature of the breach and the provisions of the Quarantine Act 1908 that are applicable in the given circumstances.