EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2)
The Quarantine (Christmas Island) Proclamation 2004 (‘the Christmas Island Proclamation’) provides the legislative basis for controlling the entry and movement of animals, plants and other goods of quarantine concern into Christmas Island.
Subsection 13(1) of the Quarantine Act 1908 (‘the Act’) provides, in part, that the
Governor-General may, by proclamation, declare or prohibit a range of matters for the purposes of the Act. The range of matters that the Governor-General may prohibit includes the introduction or importation into Australia, Christmas Island or the Cocos Islands of any disease or pest or any substance, article or thing containing or likely to contain any disease or pest; the importation into Australia, Christmas Island or the Cocos Islands of any articles or things likely, in his or her opinion, to introduce, establish or spread any disease or pest; and the importation into Australia, Christmas Island or the Cocos Islands of any animals or plants or any parts of animals or plants. The range of matters which the Governor-General may declare includes ports where particular kinds of imported goods may be landed.
Subsection 13(2) of the Act provides that the power of prohibition under section 13 of the Act extends to authorise prohibition generally, or as otherwise provided by the instrument authorising the prohibition, including prohibition either absolutely or subject to specified conditions or restrictions. Subsection 13(2A) of the Act provides that a proclamation made under subsection 13(1) of the Act may provide that the importation of a thing is prohibited unless a permit for its import is granted by a Director of Quarantine. In addition, subsection 13(2B) of the Act states that an import permit granted pursuant to a proclamation made in accordance with subsection 13(2A) may be granted subject to compliance with any conditions or requirements set out in that permit.
The Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2) will to vary the conditions under which animals and animal tissues (including fish) may be imported into Christmas Island.
No consultation has occurred on this amendment because it is of a minor or machinery nature and does not substantially change the law.
The Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2) commences on the day after it is registered on the Federal Register of Legislative Instruments.
Details of the amendments are set out below:
Section 1 provides that the name of the Proclamation is the Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2).
Section 2 provides that the proposed Proclamation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that Schedule 1 amends the Quarantine (Christmas Island) Proclamation 2004.
Schedule 1 – Amendments
Item 1 substitutes item 1, Table 8 of section 24 to expand the conditions under which dead animals and animal tissues (including fish) may be the imported into Christmas Island. The additional conditions ensure that the container is reliably sealed and that no animal, plant or human is exposed directly or indirectly to the material or any of its derivatives. These additional requirements result from a review by Biosecurity Australia. The review found that a quarantine risk could arise if the material is exposed to an animal, plant or human.
Overview
The Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2) amends the Quarantine (Christmas Island) Proclamation 2004, which provides the legislative basis for controlling the entry and movement of animals, plants and other goods of quarantine concern into Christmas Island. This amendment was introduced to address concerns identified in a review by Biosecurity Australia, which found that a quarantine risk could arise if certain materials were exposed to animals, plants, or humans. The Proclamation was enacted by the authority of the Minister for Agriculture, Fisheries and Forestry and is intended to ensure that any importation of animals, animal tissues, and fish into Christmas Island is conducted under conditions that prevent such risks. This minor amendment does not substantially change the law and no consultation was required due to its nature.
The legislative framework for this amendment is provided by the Quarantine Act 1908, which allows the Governor-General to make proclamations for the purposes of the Act, including the prohibition of certain imports and the declaration of ports where particular imported goods may be landed. The Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2) expands the conditions under which dead animals and animal tissues, including fish, may be imported into Christmas Island. The additional requirements ensure that the container is reliably sealed and that no animal, plant, or human is exposed directly or indirectly to the material or its derivatives, thereby mitigating potential quarantine risks identified by Biosecurity Australia. This amendment is a legislative instrument under the Legislative Instruments Act 2003 and commences on the day after it is registered on the Federal Register of Legislative Instruments.
Scope and Application
The Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2) amends the Quarantine (Christmas Island) Proclamation 2004 to introduce new conditions for the importation of dead animals and animal tissues, including fish, into Christmas Island. The changes are designed to mitigate the risk of introducing diseases or pests by ensuring that containers are reliably sealed and that no animals, plants, or humans are exposed to the imported material or its derivatives. The amendment applies to persons and entities involved in the importation of these materials into Christmas Island, specifically targeting the control and regulation of such imports to safeguard the island's biosecurity. The amendment's jurisdictional reach is limited to Christmas Island, which is a territory of Australia, and it operates under the overarching authority of the Quarantine Act 1908. This Act empowers the Governor-General to declare or prohibit various matters related to the importation of pests, diseases, and other quarantine-concern items into Australia, Christmas Island, or the Cocos Islands, with the power to impose conditions or restrictions as necessary. The amendment does not introduce any new exclusions or exemptions, but rather refines the conditions under which permits for importation may be granted, ensuring stricter biosecurity measures are in place.
Key Provisions
The main operative sections of the Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2) involve amendments to the Quarantine (Christmas Island) Proclamation 2004, specifically targeting the conditions under which animals and animal tissues, including fish, may be imported into Christmas Island. Under Section 3 and Schedule 1, Item 1 of the Proclamation, the conditions for importing dead animals and animal tissues have been expanded to include additional safeguards. These amendments ensure that the container carrying these materials is reliably sealed and that there is no risk of direct or indirect exposure to the material or its derivatives by animals, plants, or humans (s. 24, item 1, Table 8). These changes were implemented following a review by Biosecurity Australia which identified potential quarantine risks if such materials were improperly handled.
The Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2) imposes specific obligations on entities and individuals involved in the importation of animals and animal tissues into Christmas Island. Importers must ensure that the containers used for transporting these materials are securely sealed to prevent any leakage or spillage that could expose animals, plants, or humans to the imported substances (s. 24, item 1, Table 8). Additionally, there must be strict adherence to any conditions or requirements set out in any import permits granted by a Director of Quarantine. These conditions may include specific handling, storage, and transportation protocols designed to mitigate any quarantine risks.
Breach of the conditions stipulated in the Quarantine (Christmas Island) Amendment Proclamation 2006 (No. 2) could result in both civil and criminal consequences. Under the Quarantine Act 1908, any person who contravenes the provisions of the Act, including the amended conditions for importing animals and animal tissues, may be subject to penalties. For individuals, the maximum penalty can include fines up to a substantial amount and, in some cases, imprisonment for a specific duration. For corporations, the penalties can be even more severe, potentially including significant fines and other sanctions that could impact their ability to conduct business. These penalties are designed to enforce compliance and protect against the introduction and spread of pests and diseases into Australia, particularly in sensitive areas like Christmas Island.