Quarantine (Cocos Islands) Regulations

Legislation au C2004L01780 Regulations Not in force Legislative Instrument

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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.

Overview

The Quarantine (Cocos Islands) Regulations were issued under the authority of the Minister for Health to complement the Quarantine Act 1908. These regulations aim to prevent, eradicate or control animal and plant diseases in the Cocos Islands by providing specific measures that are necessary for the effective operation of the high-security animal quarantine station on West Island. The regulations empower quarantine officers with various functions, including the ability to enter and search premises, question persons, and examine animals and plants. Additionally, they mandate the registration of domestic animals, prohibit the entry of animals into certain areas, and regulate the growing and handling of potentially diseased plants and animals. The overarching objective of these regulations is to safeguard the health and safety of the Cocos Islands ecosystem by preventing the spread of diseases, thereby ensuring the effectiveness of the quarantine station in protecting both local and international biosecurity.

Scope and Application

The Quarantine (Cocos Islands) Regulations, issued under the authority of the Minister for Health and pursuant to the Quarantine Act 1908, apply specifically to the Cocos (Keeling) Islands, aiming to prevent, eradicate, and control animal and plant diseases within this jurisdiction. These regulations impose various requirements and restrictions on individuals and entities within the Islands, including the registration of domestic animals, prohibitions on the entry and abandonment of animals, and restrictions on the cultivation of certain plants. They empower quarantine officers with the ability to enter and search premises, question persons, and examine animals and plants. Furthermore, these regulations establish a prohibited area around the quarantine station where certain activities, such as the growing of prohibited plants and the presence of domestic animals, are restricted to mitigate the risk of disease spread. The regulations also provide mechanisms for the seizure and destruction of diseased animals and plants, and the payment of compensation to affected owners. The application of these regulations extends to all individuals and entities within the Cocos Islands, including livestock owners and persons responsible for the care and management of animals and plants.

Key Provisions

The Quarantine (Cocos Islands) Regulations, issued under the authority of the Minister for Health, detail a comprehensive framework for preventing, eradicating, and controlling animal and plant diseases in the Cocos Islands. Regulation 2 offers interpretative definitions for key terms used throughout the regulations, ensuring clarity and consistent application. Regulations 3 to 13 mandate the registration of domestic animals, with Regulation 3 explicitly stipulating that it is an offence to keep an unregistered domestic animal that has reached the age of three months, carrying a maximum penalty of $100. Regulation 14 authorises quarantine officers to enter premises to examine domestic animals, while Regulation 15 empowers these officers to question persons about animals they own or keep. Regulation 16 requires the keeper of a domestic animal that dies from a disease to notify a quarantine officer of the animal's death. The regulations also address the examination and potential treatment or destruction of goods suspected to be diseased, as outlined in Regulations 17 to 22. Regulation 23 designates a marked area within 200 metres of the boundary of the quarantine station as a prohibited area, from which domestic animals may be required to be removed. Regulation 24 prohibits the growing of prohibited plants in this prohibited area. Regulation 25 allows for the seizure of wild animals, while Regulation 26 mandates that records be kept of goods destroyed under the regulations. Additionally, Regulation 27 imposes a penalty of $100 for providing false information to a quarantine officer. Finally, Regulation 28 provides for the payment of compensation for goods, including plants and animals, that are destroyed or damaged under the regulations. Under these regulations, various offences and penalties are clearly defined to enforce compliance. Keeping an unregistered domestic animal older than three months, as specified in Regulation 3, carries a maximum penalty of $100. Providing false information to a quarantine officer, as outlined in Regulation 27, also incurs a penalty of $100. These penalties serve as a deterrent against non-compliance and help ensure the effectiveness of the quarantine measures in place. The regulations also provide for compensation under Regulation 28 for any goods destroyed or damaged as a result of actions taken under the regulations, ensuring fairness and accountability.

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