Quarantine (Animal) Regulations (Amendment) 1995 No. 246
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 246
Issued by the Authority of the Minister for Primary Industries and Energy
Quarantine Act 1908
Quarantine (Animal) Regulations (Amendment)
The Quarantine Act 1908 (the Act) provides for the sanitary regulation of the importation of animals with respect to the prevention of the introduction or spread of disease.
Subsection 87(1) of the Act provides, inter alia, that the Governor-General may make regulations, not in consistent with the Act, prescribing all matters which by this Act are required of permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
It is intended that Quarantine Proclamation provide for the sanitary control of the importation of cats and dogs. It is therefore necessary to delete current Regulation 24.
Details of the Regulations are set out below:
Regulation 1 provides for the date of commencement.
Regulation 2 provides for the Quarantine (Animals) Regulations to be amended.
Regulation 3 omits Regulation 24 of the Quarantine (Animals) Regulations.
The Regulations commence 1 September 1995.
Overview
The Quarantine (Animal) Regulations (Amendment) 1995 No. 246 is an amendment to the Quarantine (Animals) Regulations under the Quarantine Act 1908. This amendment was issued by the authority of the Minister for Primary Industries and Energy with the intention of providing for the sanitary control of the importation of cats and dogs. The primary problem addressed by this amendment is the need to refine the regulations concerning the importation of animals to better prevent the introduction or spread of disease. The policy objective is to enhance the effectiveness of sanitary regulations, ensuring they are more aligned with contemporary requirements and standards. By amending Regulation 24 and omitting it entirely, the regulations aim to streamline and improve the processes involved in the importation of animals, thereby contributing to the overall goal of disease prevention.
Scope and Application
The Quarantine (Animal) Regulations (Amendment) 1995 No. 246 pertains to the amendments of the existing Quarantine (Animals) Regulations under the Quarantine Act 1908. The Act applies to the sanitary regulation of the importation of animals, with the primary objective of preventing the introduction and spread of disease. The amendment specifically targets the sanitary control of the importation of cats and dogs by deleting Regulation 24. These regulations apply to all individuals, entities, and industries involved in the importation of animals, including those within the Commonwealth jurisdiction. The regulations are designed to ensure compliance with the Act's provisions and do not include any specific exclusions, exemptions, or thresholds as detailed in the explanatory statement. The amendments are effective from 1 September 1995, providing clarity and updating the regulatory framework to better serve the purposes outlined in the Act.
Key Provisions
The Quarantine (Animal) Regulations (Amendment) 1995 No. 246 (the Regulations) amends the Quarantine (Animals) Regulations by removing Regulation 24, which was previously concerned with the importation of cats and dogs. This amendment is necessary to update the regulatory framework to better align with current sanitary practices and to facilitate the importation of these animals under controlled conditions (Reg. 2). The Regulations came into effect on 1 September 1995 (Reg. 1).
Under the amended Regulations, entities and individuals involved in the importation of cats and dogs must now comply with the new provisions set out in the Quarantine Proclamation, which provides the sanitary control measures necessary for the importation of these animals. This includes adhering to any specific requirements or conditions that may be prescribed under the Proclamation to prevent the introduction or spread of disease (Reg. 2).
The parties subject to these Regulations, including importers, animal health officials, and other relevant stakeholders, have specific obligations. These include ensuring that all importations of cats and dogs are conducted in compliance with the sanitary control measures prescribed in the Quarantine Proclamation. This may involve submitting necessary documentation, undergoing inspections, and following any additional protocols or procedures that are required to maintain biosecurity standards (Quarantine Act 1908, s. 87(1)).
Failure to comply with the provisions of the amended Regulations or the Quarantine Proclamation can result in significant consequences. Under the Quarantine Act 1908, breaches of the regulations may be subject to penalties. The maximum penalties for contravention of the Act can include fines and imprisonment. The specific penalties will depend on the nature and severity of the breach, but they can be substantial, reflecting the importance of maintaining sanitary standards to protect public health and animal welfare.