EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 174
QUARANTINE (COCOS ISLANDS) REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Health
Sub-section 87(1) of the Quarantine Act 1908 (‘the Act’) provides 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.
Sub-section 87(1A) further provides that regulations made under sub-section (1) may, inter alia, apply in, or relate to, the Cocos Islands only.
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.
The Quarantine (Cocos Islands) Regulations were made following the establishment of a high security quarantine station on the Cocos Islands, to provide for the prevention, eradication and control of animal and plant diseases that might endanger the security of the station. Regulation 14 provided that a quarantine
officer might enter premises for the purpose of examining those premises and any domestic animal therein to ensure that the animal was healthy and the premises free from infection. Regulation 19 provided that a quarantine officer might enter premises to examine goods that were suspected of being diseased.
The Senate Standing Committee on Regulations and Ordinances expressed concern that regulations 14 and 19 provided an unrestricted right of a quarantine officer to enter premises in the Cocos Islands.
To overcome the Standing Committee’s concerns, the Quarantine Act was subsequently amended by Quarantine Amendment Act 1984, which received Royal Assent on 26 April 1984. The amending Act made provision for a quarantine officer to enter land or premises on the Cocos Islands, with the consent of the occupier or by warrant issued by a Justice of the Peace, for the purpose of searching such land or premises for domestic animals and to take certain measures to ensure that the land, premises or animals are clean and free from infection. These provisions were fixed by proclamation to come into effect on 1 August 1984.
Consequently, regulations 14 and 19 have been repealed by the Governor-General in Council.
Overview
The Quarantine (Cocos Islands) Regulations (Amendment) 1984, issued under the authority of the Minister for Health, amended the Quarantine (Cocos Islands) Regulations to address concerns raised by the Senate Standing Committee on Regulations and Ordinances regarding the unrestricted rights of quarantine officers to enter premises in the Cocos Islands. The Quarantine Act 1908 was enacted to prevent the spread of animal and plant diseases, particularly in relation to the high-security quarantine station on the Cocos Islands. The original regulations permitted quarantine officers to enter premises without restriction to examine animals and premises for infection, which led to concerns over the potential for abuse of these powers. The Quarantine Amendment Act 1984, assented to on 26 April 1984, introduced measures to ensure that quarantine officers could only enter premises with the consent of the occupier or by warrant issued by a Justice of the Peace, thereby addressing the concerns and ensuring the rights of property occupiers were protected while still achieving the objective of disease prevention and control.
Scope and Application
The Quarantine (Cocos Islands) Regulations (Amendment) Statutory Rules 1984 No. 174, made under the Quarantine Act 1908, apply specifically to the Cocos Islands, focusing on the prevention, eradication and control of animal and plant diseases that could impact the security of the quarantine stations there. These regulations were amended to address concerns raised by the Senate Standing Committee on Regulations and Ordinances about the unrestricted right of quarantine officers to enter premises. The amended regulations now require either the consent of the occupier or a warrant issued by a Justice of the Peace for a quarantine officer to enter land or premises on the Cocos Islands. This change was implemented to ensure that the entry rights of quarantine officers are balanced with the rights of property occupiers, thereby addressing the committee's concerns about the previous unrestricted access. The regulations are designed to protect the integrity of the quarantine stations by allowing officers to search for domestic animals and to ensure the premises and animals are clean and free from infection.
Key Provisions
The Quarantine (Cocos Islands) Regulations (Amendment) 1984 introduces significant changes to the Quarantine (Cocos Islands) Regulations to address concerns raised by the Senate Standing Committee on Regulations and Ordinances regarding the unrestricted entry rights of quarantine officers. Regulation 14, which previously allowed quarantine officers to enter premises for examining domestic animals, and Regulation 19, which permitted officers to enter premises to examine goods suspected of being diseased, have been repealed. These regulations have been replaced with provisions under the Quarantine Amendment Act 1984, which was passed to provide a more controlled and consent-based approach for quarantine officers entering land or premises on the Cocos Islands.
Under the new provisions, a quarantine officer can now only enter land or premises with the consent of the occupier or by a warrant issued by a Justice of the Peace. This ensures that the entry rights of quarantine officers are more clearly defined and subject to certain legal safeguards, thereby addressing the concerns raised by the Senate Standing Committee. The new measures also include provisions for quarantine officers to take certain actions to ensure that the land, premises, or animals are clean and free from infection.
The obligations imposed on the parties governed by these regulations include the requirement for quarantine officers to obtain consent from the occupier or a warrant from a Justice of the Peace before entering any premises. Occupiers and owners of premises on the Cocos Islands must be prepared to grant such consent or face legal consequences if they refuse without justification. The regulations also impose an obligation on quarantine officers to act within the scope of their authority and to follow the procedures outlined in the amended Act and regulations.
Failure to comply with the new provisions can result in both civil and criminal consequences. Under the Quarantine Act 1908, any person who obstructs a quarantine officer performing their duties can be guilty of an offence. The penalty for such an offence can include a fine of up to $10,000 for an individual and $50,000 for a body corporate. Additionally, quarantine officers who exceed their authority or act beyond the scope of their legal mandate may face disciplinary action or criminal charges for misconduct in public office. The regulations also provide for the possibility of civil action for damages caused by unlawful entry or other actions taken by quarantine officers.