Quarantine (General) Regulations 1935 (Amendment)

Overview

The Statutory Rules 1941 No. 235, made under the Quarantine Act 1908-1924, amend the Quarantine (General) Regulations 1935 to address the need for specific fees related to the fumigation of vessels using hydrocyanic acid gas. Enacted by the Governor-General in Council, these regulations aim to clarify and adjust the financial obligations for the fumigation of vessel spaces, particularly focusing on the use of hydrocyanic acid gas. The policy objective is to ensure that the fees for fumigation are appropriately set and reflect the specific requirements for different vessel spaces, thereby maintaining effective quarantine measures while providing clarity on costs. These amendments were introduced to address gaps in the existing regulatory framework regarding fumigation fees, particularly those related to the use of hydrocyanic acid gas. By specifying the fees for the fumigation of various vessel spaces, the regulations aim to streamline the administrative processes and ensure compliance with quarantine requirements. The changes are intended to provide a clear and structured approach to managing the financial aspects of vessel fumigation, thereby supporting the overall objectives of the Quarantine Act.

Scope and Application

This Statutory Rule, made under the authority of the Quarantine Act 1908-1924, pertains to the amendment of the Quarantine (General) Regulations 1935, specifically targeting the fees associated with the fumigation or disinfection of vessels. The regulation applies to entities involved in maritime activities, particularly those requiring fumigation or disinfection services to prevent the spread of pests and diseases. It modifies the existing fee structure by introducing a new sub-regulation for fumigation using hydrocyanic acid gas, distinct from other appliances previously covered. This amendment ensures that fees for such fumigation are clearly delineated and distinct from those of other fumigation methods, reflecting the unique risks and costs associated with hydrocyanic acid gas. The regulation's geographic reach is nationwide, impacting all maritime operations within Australia. It applies to any vessel requiring fumigation or disinfection services, with the specified fees applying to the fumigation of hold spaces exceeding 1,000 cubic feet, with tiered pricing for additional space. The amendment does not introduce new exclusions but clarifies the application of fees for hydrocyanic acid gas fumigation, ensuring that operators are aware of the costs involved. Additionally, the regulation does not extend its application through subordinate instruments but operates within the existing framework of the Quarantine (General) Regulations 1935.

Key Provisions

The principal changes introduced by the Statutory Rules 1941 No. 235 are found in the amendments to the Quarantine (General) Regulations 1935. Regulation 53 has been modified in three significant ways (sub-regulations 53(1), 53(1a), and the proviso to sub-regulation 53(2)). Firstly, the term "appliances" in sub-regulation (1) has been clarified to exclude hydrocyanic acid gas (sub-regulation 53(1)(a)). Secondly, a new sub-regulation 53(1a) has been added, establishing specific fees for the fumigation of vessels with hydrocyanic acid gas, where the fumigation does not apply to the spaces specified in sub-regulation (2). These fees are £1.00 for the first 1,000 cubic feet of hold space, or part thereof, and an additional £0.16 for each additional 1,000 cubic feet of hold space, or part thereof (sub-regulation 53(1a)). Lastly, the proviso to sub-regulation (2) has been altered to refer to the fees prescribed by sub-regulation (1) or (1a), as applicable (sub-regulation 53(2) proviso). These amendments impose specific obligations on parties involved in the fumigation of vessels under the Quarantine Act 1908-1924. The parties must now adhere to the newly defined fees for hydrocyanic acid gas fumigation as outlined in sub-regulation 53(1a). This includes ensuring that the appropriate fees are charged and collected for the fumigation of vessels, depending on whether the fumigation applies to the spaces specified in sub-regulation (2) or not. The new sub-regulation also mandates that the fees collected must be consistent with the prescribed rates in either sub-regulation (1) or (1a), as applicable, as outlined in the proviso to sub-regulation 53(2). The Statutory Rules 1941 No. 235 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the amended Quarantine (General) Regulations 1935 may result in penalties under the Quarantine Act 1908-1924 or other applicable legislation. The maximum penalties for breaches of the Quarantine Act 1908-1924 can include fines and imprisonment, depending on the severity of the offence. It is important to note that the specific penalties for non-compliance with the amended Quarantine (General) Regulations 1935 may vary, and the parties involved should refer to the relevant legislation for further information.