EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO.194
QUARANTINE ACT 1908
QUARANTINE (COCOS ISLANDS) REGULATIONS
Issued by the Authority of the Minister for Health
Sub-Section 87(1) of the Quarantine Act 1908 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which 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.
Sub-section 87(1B) provides that regulations made under sub-section 87(1) may be made for the purpose of preventing the spread of animal or plant diseases to, or from, quarantine stations in the Cocos Islands or for the purpose of preventing, eradicating or controlling animal or plant diseases in the Cocos Islands, including, amongst other things, regulations -
(a) conferring functions and powers, and imposing duties, upon quarantine officers, including -
(i) powers to enter and search premises;
(ii) powers to question persons; and
(iii) powers to examine animals and plants;
(b) prohibiting the entry of animals into areas adjoining quarantine stations in the Cocos Islands
(c) requiring the registration of live-stock and other domestic animals in the Cocos Islands;
(d) prohibiting the abandonment of animals in the Cocos Islands;
(e) requiring the notification of diseases in animals and plants in the Cocos Islands;
(f) providing for the eradication of vermin in the Cocos Islands;
(g) prohibiting the growing of particular plants in the Cocos Islands or in parts of the Cocos Islands;
(h) providing for the destruction of animals and plants in the Cocos Islands; or
(j) providing for the payment of compensation to the owners of any animals or plants destroyed in pursuance of the regulations.
A high-security animal quarantine station has been established on West Island of the Cocos Islands. It is considered that where any disease is found, or suspected, on the Islands, immediate action should be taken to eradicate the source of such disease. If a serious disease becomes established, the effectiveness of the quarantine station could be seriously compromised. The Quarantine (Cocos Islands) Regulations make provisions for the purpose of preventing, eradicating or controlling animal or plant diseases. Details of the regulations are as follows:
• Regulation 2 is an interpretative provision which defines certain terms for purposes of the regulations;
• Regulations 3 to 13 provide for the registration of domestic animals. It is an offence, with a maximum penalty of $100, to keep an unregistered domestic animal that has reached the age of 3 months;
• Regulation 14 provides that a quarantine officer may enter premises for the purpose of examining a domestic animal;
• Regulation 15 provides that a quarantine officer may question a person about animals that that person owns or keeps;
• Regulation 16 provides that the keeper of a domestic animal that dies while infected with a disease should notify a quarantine officer of that animal’s death;
• Regulations 17 to 22 provide for the examination of goods that are suspected to be diseased and for the treatment or destruction of such goods;
• Regulation 23 provides that a marked area within 200 metres of the boundary of the quarantine station is a prohibited area from which domestic animals may be required to be removed;
• Regulation 24 prohibits the growing of prohibited plants in a prohibited area;
• Regulation 25 provides for the seizure of wild animals;
• Regulation 26 provides that records must be kept of goods destroyed under the regulations;
• Regulation 27 provides a penalty of $100 for giving false information;
• Regulation 28 provides for the payment of compensation for goods (including plants and animals) destroyed or damaged under the regulations.