Quarantine (General) Amendment Regulations 1999 (No. 1) 1999 No. 308
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 308
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine (General) Amendment Regulations 1999 (No. 1)
Paragraph 87(1)(sa) of the Quarantine Act 1908 (the Act) provides that the Governor-General may make regulations enabling a person who is alleged to have contravened a provision of the Act or regulations thereof to pay to the Commonwealth a penalty of not more than 10 penalty units as an alternative to prosecution.
The first purpose of the Quarantine (General) Amendment Regulations 1999 (No 1) is to amend regulations 84 to 96 of the Quarantine (General) Regulations 1956. This Amendment aims to clarify the current wording of regulation 84 to enable successful prosecution of persons who, having been issued with a Quarantine Infringement Notice for a breach of the Act or Regulations, elect to go to court rather than pay an on-the-spot penalty.
A second purpose of the Amendment is to ensure that certain information is printed on the Quarantine Infringement Notice form advising persons of their rights and obligations under the Regulations. This amendment arises as a response to a commitment given to the Senate Standing Committee on Regulations and Ordinances in the 106th Report of the Committee.
The Amendment amends the Quarantine (General) Regulations as follows:
Regulation 1 gives the name of the regulations as the Quarantine (General) Amendment Regulations 1999 (No. 1).
Regulation 2 states that the Regulation commences on gazettal.
Regulation 3 states that Schedule 1 of the Regulation amends the Quarantine (General) Regulations.
Schedule 1
Clause 1 renames the regulations as the Quarantine (General) Regulations 1956
Clause 2 substitutes a new regulation 84 for the current regulation 84
New regulation 84 makes it an offence for a person to give a false or misleading answer to a question about a quarantine matter on an incoming passenger card. There is a penalty of 10 penalty units, and the offence is characterised as one of strict liability.
Clause 3 substitutes a new heading for regulation 85 being 'Definitions of Part'
Clause 4 substitutes a new definition of an infringement notice offence into regulation 85 to the effect that an 'infringement notice offence' is a contravention by a passenger or crew member of subsections 70A(3) or 70A(3A) of the Act, or a contravention of sub-regulation 84(1).
Clause 5 inserts a new definition of a section 20AA place into regulation 85
Clause 6 inserts a new number into section 86, making old section 86 sub-section 86(1)
Clause 7 Inserts at the end of regulation 86 a second clause stating that if a person who has allegedly committed an infringement notice offence leaves the port or place of entry where the contravention allegedly occurred without an infringement notice being served on them, an infringement notice must not be served upon them subsequently.
Clause 8 substitutes new regulations 89, 90 and 91 for the current provisions.
New regulation 89 states the kind of information an infringement notice must contain. Regulation 90 states when it is that a person who is served with an infringement notice must pay the fine. Regulation 91 states what happens after a person who is served with an infringement notice pays the prescribed penalty.
Overview
The Quarantine (General) Amendment Regulations 1999 (No. 1) were enacted to amend the Quarantine (General) Regulations 1956 and address specific issues arising from the administration of the Quarantine Act 1908. The primary objective of these amendments was to enhance the clarity and effectiveness of the regulatory framework, thereby facilitating the successful prosecution of individuals who contest Quarantine Infringement Notices in court rather than opting to pay an on-the-spot penalty. Additionally, the amendments sought to ensure that individuals served with such notices are fully informed of their rights and obligations under the Regulations, fulfilling a commitment made to the Senate Standing Committee on Regulations and Ordinances. These amendments were issued under the authority of the Minister for Agriculture, Fisheries and Forestry, reflecting a broader policy goal of improving compliance and enforcement mechanisms within the quarantine regulatory system.
Scope and Application
The Quarantine (General) Amendment Regulations 1999 (No. 1) pertain to the administration and enforcement of the Quarantine Act 1908, particularly focusing on amendments to the Quarantine (General) Regulations 1956. These regulations apply to individuals and entities involved in quarantine processes, including those who may be subject to penalties for infringements. They cover a range of conduct and transactions related to the enforcement of quarantine laws, particularly those concerning the issuance of Quarantine Infringement Notices and the administration of penalties. The regulations extend nationally, as they are made under the authority of the Commonwealth and apply across Australia. The regulations exclude certain matters not explicitly covered by the amended provisions but do specify penalties and enforcement mechanisms for breaches, including strict liability for providing false or misleading information on incoming passenger cards. The scope of application is further extended through subordinate instruments, which may include additional regulations or amendments to clarify and enforce specific aspects of the Quarantine Act.
Key Provisions
The Quarantine (General) Amendment Regulations 1999 (No. 1) primarily serve to amend sections 84 to 96 of the Quarantine (General) Regulations 1956. The first significant amendment pertains to regulation 84, which now includes a provision making it an offence for a person to provide false or misleading information on an incoming passenger card, a violation categorised as strict liability with a penalty of 10 penalty units (Clause 2). This amendment aims to facilitate successful prosecutions for those who contest a Quarantine Infringement Notice in court rather than paying the on-the-spot penalty. Additionally, new headings and definitions have been introduced for clarity and specificity, such as the definition of an 'infringance notice offence' in regulation 85, which now includes contraventions by passengers or crew members as well as those of sub-regulation 84(1) (Clause 4).
Under these regulations, entities and individuals are obligated to ensure that they provide accurate information on incoming passenger cards and understand their rights and obligations when served with a Quarantine Infringement Notice. Specifically, if a person suspected of an infringement notice offence leaves the port or place of entry without being served an infringement notice, no such notice can be served subsequently (Clause 7). Furthermore, regulation 89 stipulates the specific information that must be included in an infringement notice, while regulation 90 details the timeframe for paying the prescribed fine once the notice is served. Regulation 91 outlines the actions to be taken once the fine is paid.
Failure to comply with these regulations can result in significant legal consequences. For example, providing false or misleading information on a passenger card can lead to a penalty of up to 10 penalty units (Clause 2). Additionally, not adhering to the stipulations regarding the service and payment of infringement notices can result in further legal ramifications. The regulations ensure that there are clear and enforceable measures in place to maintain the integrity of quarantine processes and to protect public health by penalising those who do not comply with the outlined requirements.