Quarantine (Declared Places - Yellow Fever) Declaration 2009

Administered by Department of Health, Disability and Ageing

Legislation au F2009L02573 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Subject:  Quarantine Act 1908

Quarantine (Declared Places – Yellow Fever) Declaration 2009

 

Section 12 of the Quarantine Act 1908 provides that the Minister may declare a place beyond or in Australia is infected with a quarantinable disease, or that a quarantinable disease may be brought or carried from or through that place. While the declaration is in force, these places are known as ‘declared places’. A quarantinable disease means any disease declared by the Governor-General, by proclamation, to be a quarantinable disease (see s.13 (1) (ca) of the Act). Yellow fever has been declared as a quarantinable disease (clause 21 of the Quarantine Proclamation 1998).

 

Division 2 of the Quarantine Regulations 2000 (the Regulations) outlines what steps must be taken when people arrive from a ‘yellow fever declared place’. A ‘yellow fever declared place’ is defined in regulation 32 as a place declared under Section 12 of the Act to be a place infected with yellow fever, or from or through which yellow fever can be brought or carried. Under the Regulations, a person who travels from yellow fever declared places may be asked to produce an international certificate indicating the dates on which the person was vaccinated against yellow fever. The regulations also establish requirements for the certificate, such as need for it to be signed by an approved medical practitioner.

 

The purpose of the proposed declaration is to update the old list of yellow fever infected countries with a new list of countries. The new list of yellow fever infected places provides a recent picture of yellow fever prevalence and will maximise the effectiveness of vaccination requirements in preventing the introduction of yellow fever virus into Australia.

 

Consultation

The Director of Human Quarantine (DHQ), appointed under Section 9(1) of the Act and who is the current Chief Medical Officer (CMO) of the Department of Health and Ageing, has consulted relevant areas within the Department and has approved the new list of countries as Australia’ list of yellow fever declared places.

 

In January 2009 the Department of Health and Ageing (DoHA) commenced consultations with the following government agencies regarding the implementation of the amendment:

  • Department of Foreign Affairs and Trade (DFAT);
  • Australian Customs and Border Protection Service (Customs);
  • Department of Immigration and Citizenship (DIAC); and
  • Australian Quarantine and Inspection Service (AQIS).

 

On 15 March 2009, the Department wrote to these agencies outlining the proposed approach for implementing the revised list of yellow fever declared places. All agencies support the proposed changes.

 

 

 

 

 

The Act specifies no conditions which need to be satisfied before power to make the Section 12 declaration is exercised.

 

The Declaration will commence on 1 August 2009. A thorough public information campaign will precede the commencement of this instrument to support the introduction of the new requirements and minimise the number of travellers entering Australia without the required vaccination certification.  This will include

  • Bulletins delivered electronically to stakeholders, through established networks.
  • Meetings with relevant government agencies.
  • A formal letter signed by the Director of Human Quarantine informing government agencies of the approved commencement date. This will include agencies frequently posting officers overseas.  This will be despatched once the Minister for Health and Ageing has made the declaration under Section 12 of the Quarantine Act 1908.
  • The updating of the Yellow Fever Fact Sheet on the DoHA website.
  • The updating of yellow fever information in the Immunisation Handbook.
  • A newsletter and email to Chief Quarantine Officers (States and Territories).
  • Provision of information to the DFAT Smart Traveller Consultation Forum.  This forum includes representatives from the Australian Federation of Travel Agents and National Tour Operators Group.
  • Provision of information to overseas posts to enable their engagement with appropriate local government agencies and inclusion of information on their websites.
  • Updating of DFAT and DIAC websites.

 

The Section 12 Declaration is a legislative instrument for the purposes of the Legislative Instrument Act 2003.

 

Details of the Declaration are set out in the Attachment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT

 

Details of the Proposed Quarantine (Declared Places – Yellow Fever) Declaration 2009

 

Section 1 – Name of Declaration

 

This section provides that the title of the declaration is the Quarantine (Declared Places – Yellow Fever) Declaration 2009

 

Section 2 – Commencement

 

This section provides for the declaration to commence on 1 August 2009.

 

Section 3 – Repeal

 

This section provides for the repeal of the declaration that was most recently in force under Section 12 of the Act to ensure that the operation of the two instruments does not overlap.

 

Section 4 – Definition

 

This section provides for defined terms to be used in the declaration and gives shortened reference to the Quarantine Act 1908.

 

Section 5 – Declaration

 

This section sets out the list of ‘declared places’ for the purpose of Section 12 of the Act. This list will replace the old list of countries that were declared in March 2004.

 

 

 

Overview

The Quarantine (Declared Places – Yellow Fever) Declaration 2009, enacted to address the need for updated information regarding the prevalence of yellow fever globally, is a legislative instrument under the Quarantine Act 1908. This Act, originally enacted in 1908, provides the framework for the declaration of places infected with quarantinable diseases, including yellow fever. The problem this Declaration seeks to address is the outdated list of yellow fever-infected countries, necessitating an updated list to ensure effective prevention of yellow fever introduction into Australia. The policy objective is to provide a current picture of yellow fever prevalence, thereby enhancing the effectiveness of vaccination requirements. The enacting body responsible for this declaration is the Parliament of Australia, with the Director of Human Quarantine, acting as the Chief Medical Officer, having consulted with relevant government agencies, including the Department of Health and Ageing, Department of Foreign Affairs and Trade, Australian Customs and Border Protection Service, Department of Immigration and Citizenship, and Australian Quarantine and Inspection Service, to approve the new list of yellow fever-infected places. The declaration will commence on 1 August 2009, supported by a public information campaign to ensure stakeholders are adequately informed of the new requirements.

Scope and Application

The Quarantine (Declared Places – Yellow Fever) Declaration 2009 pertains to the declaration of places infected with yellow fever, or from which yellow fever can be carried or brought, under Section 12 of the Quarantine Act 1908. This Act applies to any person or entity that seeks to enter Australia from a declared place, necessitating compliance with specific health and vaccination requirements to prevent the introduction of yellow fever into the country. The declaration encompasses geographical areas beyond or within Australia, as determined by the Minister, and is effective in ensuring that travellers from these regions adhere to stipulated health protocols. The declaration will replace the previous list of yellow fever-infected countries established in March 2004 with an updated list, reflecting the most recent prevalence of the disease and enhancing the efficacy of vaccination mandates. This instrument is applicable nationally, as it operates under the Commonwealth jurisdiction, ensuring a consistent approach across all states and territories in Australia. The declaration does not specify any conditions that need to be satisfied before exercising the power to make such a declaration under Section 12 of the Act. The declaration is scheduled to commence on 1 August 2009, with a comprehensive public information campaign undertaken to inform stakeholders and the general public about the new requirements.

Key Provisions

The Quarantine (Declared Places – Yellow Fever) Declaration 2009 (F2009L02573) under Section 12 of the Quarantine Act 1908 allows the Minister to declare certain places beyond or within Australia as 'declared places' if they are infected with a quarantinable disease, specifically yellow fever in this case, or if there is a risk of bringing or carrying such a disease into Australia. This declaration will come into effect on 1 August 2009. The primary objective of this declaration is to update the list of countries previously identified as yellow fever infected regions, thereby ensuring that Australia's measures to prevent the introduction of the yellow fever virus are as effective as possible. The declaration imposes specific obligations on various parties involved. For instance, individuals travelling from these newly declared yellow fever infected places must present an international certificate verifying their vaccination against yellow fever. This requirement ensures that travellers entering Australia have taken the necessary precautions against the disease. Furthermore, the declaration necessitates that the certificate adhere to certain standards, such as being signed by an approved medical practitioner. This is to ensure the authenticity and validity of the vaccination proof. Failure to comply with the requirements set out in the Quarantine (Declared Places – Yellow Fever) Declaration 2009 may result in various consequences. While the specific offences, penalties, or consequences are not explicitly stated in the document, it is reasonable to infer that non-compliance with such health regulations could lead to fines, detention, or other legal repercussions. Given that the document emphasises the importance of these measures in preventing the introduction of yellow fever into Australia, it is likely that serious consequences would be imposed for any breaches of the declaration. However, the exact nature of these consequences would need to be referred to in other parts of the Quarantine Act 1908 or the Quarantine Regulations 2000.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.