EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine (Cocos Islands) Amendment Proclamation 2006 (No. 2)
The Quarantine (Cocos Islands) Proclamation 2004 (‘the Cocos Islands Proclamation’) provides the legislative basis for controlling the entry and movement of animals, plants and other goods of quarantine concern into the Cocos (Keeling) Islands (‘the Cocos Islands’).
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 (Cocos Islands) Amendment Proclamation 2006 (No. 2) varies the conditions under which animals and animal tissues (including fish) may be imported into the Cocos Islands.
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 (Cocos Islands) Amendment Proclamation 2006 (No. 2) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Quarantine (Cocos Islands) 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 (Cocos Islands) 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 (Cocos Islands) 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 the Cocos Islands. 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 (Cocos Islands) Amendment Proclamation 2006 (No. 2) amends the Quarantine (Cocos Islands) Proclamation 2004, which provides the legislative framework for the control of the entry and movement of animals, plants, and other goods of quarantine concern into the Cocos (Keeling) Islands. This amendment was introduced to address gaps identified in the existing quarantine measures concerning the importation of dead animals and animal tissues, including fish, into the Cocos Islands. The objective is to enhance biosecurity measures by ensuring that any imported materials are reliably sealed and that there is no direct or indirect exposure to animals, plants, or humans, thereby mitigating potential quarantine risks. The enacting body for this amendment is the Governor-General under the authority of the Quarantine Act 1908. The Proclamation was registered on the Federal Register of Legislative Instruments and commenced on the day after registration.
Scope and Application
The Quarantine (Cocos Islands) Amendment Proclamation 2006 (No. 2) applies to the importation of animals, animal tissues, and fish into the Cocos (Keeling) Islands, amending the conditions under which such imports are permitted. This legislation arises under the authority of the Quarantine Act 1908, which empowers the Governor-General to declare or prohibit the importation of various substances and articles into Australia, Christmas Island, or the Cocos Islands to control the spread of diseases or pests. Specifically, the amendment allows for the importation of dead animals and animal tissues subject to certain conditions, such as ensuring the container is reliably sealed and that no animals, plants, or humans are exposed directly or indirectly to the material or its derivatives. This change follows a review by Biosecurity Australia, which identified potential quarantine risks if such materials were exposed. The proclamation is a minor adjustment without requiring consultation, as it does not substantially alter the existing legal framework. The amendment is effective from the day after it is registered on the Federal Register of Legislative Instruments, and it is a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The Quarantine (Cocos Islands) Amendment Proclamation 2006 (No. 2) primarily focuses on adjusting the conditions governing the importation of animals and animal tissues, including fish, into the Cocos (Keeling) Islands. Section 24 of the Quarantine (Cocos Islands) Proclamation 2004 is amended to expand the conditions under which dead animals and animal tissues can be imported, ensuring 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 (Schedule 1, Item 1). These changes aim to mitigate any potential quarantine risks identified by Biosecurity Australia.
The Act imposes obligations on individuals and entities involved in importing animals and animal tissues into the Cocos Islands. Importers must ensure that any materials entering the Cocos Islands are securely contained and that there is no risk of exposure to animals, plants, or humans. This requirement is a direct response to the findings of Biosecurity Australia, which highlighted the need for stringent measures to prevent the introduction of diseases or pests.
Failure to comply with the provisions of the Quarantine (Cocos Islands) Amendment Proclamation 2006 (No. 2) may result in serious consequences. Any person who breaches the conditions of importation, such as failing to ensure reliable sealing of containers or exposing animals, plants, or humans to the imported materials, may face civil or criminal penalties. The exact penalties are not specified in the Explanatory Statement, but breaches of quarantine laws can typically lead to fines and, in severe cases, imprisonment.
The Quarantine (Cocos Islands) Amendment Proclamation 2006 (No. 2) is a legislative instrument subject to the provisions of the Legislative Instruments Act 2003. It comes into effect on the day following its registration on the Federal Register of Legislative Instruments, ensuring that the amendments are promptly implemented. The Proclamation itself is a minor or machinery amendment, meaning that it does not substantially alter the existing legal framework but rather refines and strengthens specific provisions to better protect the Cocos Islands from quarantine risks.