EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 345
ISSUED BY THE AUTHORITY OF THE MINISTER FOR HEALTH
QUARANTINE ACT 1908
QUARANTINE (GENERAL) REGULATIONS (AMENDMENT)
Sub-section 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. Paragraph 87(1)(k) further provides for the making of regulations for regulating the discharge from vessels of any water, ballast, or refuse.
Sub-regulation 33C(1) of the Quarantine (General) Regulations (‘the Regulations’) requires the master or owner of a vessel to which regulation 33C applies to make all animal waste, organic refuse, galley scraps or waste from that vessel available for collection by a person authorized by a Chief Quarantine Officer. Sub-regulation 33C(2) restricts the application of this regulation, subject to sub-regulations 33C(3) and (4) to vessels remaining in or near a declared port for at least 24 hours. A ‘declared port’ for the purposes of regulation 33C and item 9 of Part 1 of Schedule 2 is by virtue of sub-regulation 33C(5) one declared by the Minister by notice published in the Gazette.
The Quarantine Amendment Act 1984 amended the Act to enable the Minister, by virtue of section 86E to determine fees for, among other things, services carried out or provided by or under the Act. This Act also repealed paragraphs 87(1)(o) and (oa) of the Act which provided for the prescribing of quarantine fees. Sub-section 26(2) of the Quarantine Amendment Act 1984 provided that fees prescribed in the regulations shall be deemed to be fees determined by the Minister under section 86E of the Act.
The Government has decided that there should be a full cost recovery system for quarantine services and related charges. Charges for services relating to general quarantine, including those for the disposal of quarantinable waste remained unchanged since 1980 until the Minister determined on 31 July 1985, under section 86E, new levels of general quarantine fees. The new fees came into effect on the date of their gazettal, 20 August 1985.
The Statutory Rules make changes to the levying of charges for the disposal of refuse from vessels under regulation 33C by removing the 24 hour exemption from sub-regulation 33C(2) and making a similar amendment to sub-regulation 33C(1). The amendment makes regulation 33C applicable to all vessels which remain in or near a declared port.
Regulations 3 and 4 of the Statutory Rules make consequential amendments to the Regulations following the Ministerial Determination under section 86E by repealing regulation 80 and Schedule 2. A further consequential amendment to sub-regulation 33C(5) is made to remove the reference to item 9 of Schedule 2 which is repealed by proposed regulation 4 of these Statutory Rules.
The Statutory Rules came into operation on the date of their notification in the Commonwealth of Australia Gazette.
Overview
The Quarantine (General) Regulations (Amendment) Statutory Rules 1985 were enacted to address the need for a comprehensive cost recovery system for quarantine services and charges in Australia. This amendment was issued under the authority of the Minister for Health in accordance with the Quarantine Act 1908. The primary policy objective behind these Statutory Rules was to ensure that the fees for services related to general quarantine, including the disposal of quarantinable waste, were updated to reflect current costs, thus ensuring that the full costs of quarantine services were recovered. The changes involved removing exemptions and modifying existing regulations to extend the applicability of charges for the disposal of refuse from vessels, making it mandatory for all vessels remaining in or near a declared port to adhere to the new fees structure. This was achieved through amendments to sub-regulation 33C(1) and sub-regulation 33C(2) of the Quarantine (General) Regulations.
Scope and Application
The Quarantine (General) Regulations (Amendment) Statutory Rules 1985, issued under the authority of the Minister for Health, amends the Quarantine (General) Regulations to modify the disposal requirements for refuse from vessels. The Act applies to all vessels that remain in or near a declared port, as defined by a notice published in the Gazette by the Minister. Previously, vessels that remained in or near a declared port for less than 24 hours were exempt from the requirement to make animal waste, organic refuse, galley scraps, or waste available for collection by an authorized person. However, the amendment removes this exemption, extending the requirement to all vessels in or near a declared port regardless of the duration of their stay. This change aligns with the broader objective of the Quarantine Act 1908 to regulate and manage the discharge of waste from vessels to prevent the spread of disease and protect public health. The amendment also includes consequential changes to other regulations to reflect the new fees for quarantine services determined by the Minister under section 86E of the Quarantine Amendment Act 1984. These Statutory Rules came into operation on the date of their notification in the Commonwealth of Australia Gazette.
Key Provisions
The main operative sections of these Statutory Rules relate to the amendments of the Quarantine (General) Regulations concerning the disposal of refuse from vessels, particularly under regulation 33C. Specifically, sub-regulation 33C(2) is amended to remove the exemption for vessels that remain in or near a declared port for less than 24 hours. This amendment ensures that all vessels, regardless of the duration of their stay, are subject to the requirement to make animal waste, organic refuse, galley scraps or any waste available for collection by an authorized person (sub-regulation 33C(1)). Additionally, regulations 3 and 4 of the Statutory Rules make consequential amendments to the Regulations following the Ministerial Determination under section 86E of the Quarantine Act 1908, which includes repealing regulation 80 and Schedule 2, and modifying sub-regulation 33C(5) to remove the reference to item 9 of Schedule 2. These changes are intended to streamline the regulatory framework and reflect the updated fee structure for quarantine services.
The obligations imposed by these Statutory Rules on parties governed by the Quarantine Act 1908 and the Quarantine (General) Regulations are primarily concerned with the disposal of waste from vessels. Masters or owners of vessels that are subject to regulation 33C must now ensure that all animal waste, organic refuse, galley scraps or any waste from the vessel are made available for collection by an authorized person, irrespective of how long the vessel has been in or near a declared port. The declaration of a port by the Minister, as per sub-regulation 33C(5), delineates the geographical scope of these obligations. The updated regulations also mandate compliance with the new fees for general quarantine services, including waste disposal, as determined by the Minister under section 86E.
Failure to comply with the provisions of the amended Quarantine (General) Regulations can result in various civil and criminal consequences. Although specific penalties are not detailed in the Statutory Rules, breaches of the Quarantine Act 1908 or its regulations can typically lead to fines and other sanctions as stipulated by the Act. The Act authorizes the imposition of penalties for non-compliance, which can include substantial financial penalties and, in severe cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or additional statutory provisions. Ensuring adherence to these regulations is therefore crucial for avoiding potential legal repercussions.