Quarantine (Cocos Islands) Repeal Regulations 2004 2004 No. 361
EXPLANATORY STATEMENT
STATUTORY RULES 2004 NO. 361
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine (Cocos Islands) Repeal Regulations 2004
Subsection 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.
Subsection 87(1B) of the Act provides that regulations may be made for the purpose of preventing the spread of diseases or pests to, or from, quarantine stations in the Cocos (Keeling) Islands ("the Cocos Islands") or for the purpose of preventing, eradicating or controlling diseases or pests in the Cocos Islands.
The Quarantine (Cocos Islands) Regulations 1982 ("the Cocos Islands Regulations") commenced on 18 August 1982. The Cocos Islands Regulations were made in response to the special quarantine security needs of the Cocos Islands arising from the appointment of a place on West Island of the Cocos Islands as a quarantine station.
The appointment was made by proclamation by the Governor-General on 29 October 1981. The purpose of the quarantine station was to facilitate the importation of live animals to improve the genetic stock. However, this function has been superseded by advances in technology that have made it cheaper to import semen and embryos instead. The quarantine station has ceased operations and the appointment of the place on West Island as a quarantine station has been revoked. With the closure of the quarantine station, there is no longer a need for the complementary Cocos Islands Regulations.
The purpose of the Quarantine (Cocos Islands) Repeal Regulations 2004 (the Repeal Regulations) is to repeal the Cocos Islands Regulations.
Details of the Repeal Regulations are set out below:
Regulation 1 provides that the Repeal Regulations are named the Quarantine (Cocos Islands) Regulations Repeal 2004.
Regulation 2 provides that the Repeal Regulations commence on 1 January 2005.
Regulation 3 provides that the Repeal Regulations repeal the three Statutory Rules that comprise the Cocos Island Regulations.
Overview
The Quarantine (Cocos Islands) Repeal Regulations 2004 were introduced to address the redundancy of the Quarantine (Cocos Islands) Regulations 1982 following the closure of a quarantine station on West Island of the Cocos (Keeling) Islands. The Quarantine Act 1908 empowers the Governor-General to make regulations necessary for carrying out the Act, including those for preventing the spread of diseases or pests in the Cocos Islands. The original regulations were established in response to the specific quarantine needs of the Cocos Islands, particularly to facilitate the importation of live animals. However, with technological advancements that now allow for the importation of semen and embryos, the need for the quarantine station diminished, leading to its closure and the subsequent revocation of the regulations.
The Quarantine (Cocos Islands) Repeal Regulations 2004, issued under the authority of the Minister for Agriculture, Fisheries and Forestry, aim to repeal the existing Cocos Islands Regulations, recognising that they are no longer necessary. Regulation 1 names the Repeal Regulations as the Quarantine (Cocos Islands) Regulations Repeal 2004, while Regulation 2 sets the commencement date as 1 January 2005. Regulation 3 formally repeals the three statutory rules that comprise the Cocos Islands Regulations, thereby aligning the legislative framework with the current operational context of the Cocos Islands.
Scope and Application
The Quarantine (Cocos Islands) Repeal Regulations 2004 applies to the Cocos (Keeling) Islands and is an instrument under the Quarantine Act 1908, which governs the regulation of plant and animal quarantine in Australia. This Act applies to all persons, entities, industries, and transactions involved in the import or export of plants and animals, including their products and by-products. The Quarantine Act 1908 has a national jurisdictional reach across Australia, including its territories. However, the specific application of the Quarantine (Cocos Islands) Repeal Regulations 2004 is limited to the Cocos Islands, which were previously designated as a quarantine station for the importation of live animals. Given the cessation of operations at the quarantine station and the revocation of its designation, these repeal regulations effectively nullify the need for the Cocos Islands Regulations. Any exclusions or exemptions are not explicitly stated in the explanatory statement but are presumably aligned with the broader provisions of the Quarantine Act 1908. The Act allows for the creation of subordinate instruments to extend or restrict its application, as evidenced by the existence of these repeal regulations.
Key Provisions
The Quarantine (Cocos Islands) Repeal Regulations 2004, made under the authority of the Quarantine Act 1908, primarily serve to repeal the existing Quarantine (Cocos Islands) Regulations 1982. This repeal is a direct response to the cessation of operations at the quarantine station on West Island in the Cocos (Keeling) Islands, which was established to facilitate the importation of live animals but has since become obsolete due to technological advancements (Regulation 3). These new regulations are named the Quarantine (Cocos Islands) Regulations Repeal 2004 and come into effect on 1 January 2005 (Regulations 1 and 2).
The obligations and requirements under the Quarantine (Cocos Islands) Repeal Regulations 2004 revolve around the formal repeal of the previous regulatory framework that was specifically tailored to the quarantine needs of the Cocos Islands. By repealing the Cocos Islands Regulations, the new regulations effectively nullify the legal requirements and operational protocols that were once in place to manage the importation of live animals and to prevent the spread of diseases or pests within the Cocos Islands (Subsection 87(1B) of the Act). This repeal signifies a significant shift in the regulatory approach, adapting to the current circumstances where the importation of semen and embryos has replaced the need for live animal imports.
In terms of offences, penalties, or consequences for breaches, the Quarantine (Cocos Islands) Repeal Regulations 2004 do not introduce new sanctions or penalties. Instead, by repealing the existing regulations, they effectively eliminate any previous obligations that could have resulted in penalties for non-compliance. The primary consequence of the repeal is the cessation of the legal framework that previously governed quarantine activities on the Cocos Islands. The removal of these regulations ensures that there are no ongoing obligations or potential penalties under the repealed Cocos Islands Regulations.
In conclusion, the Quarantine (Cocos Islands) Repeal Regulations 2004 streamline the legal framework by repealing the outdated Cocos Islands Regulations. This repeal aligns with the current technological and operational realities, ensuring that there are no residual obligations or potential penalties associated with the defunct quarantine station. The new regulations effectively mark the end of a specific regulatory era, adapting to the advancements in animal importation methods and the closure of the quarantine station on West Island.