Quarantine (General) Regulations (Amendment)

Overview

Statutory Rules 1981 No. 2151, known as the Quarantine (General) Regulations (Amendment) Regulations 1981, was enacted to modernise the Quarantine (General) Regulations under the Quarantine Act 1908. This legislative instrument was made by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, with the intention of aligning the regulations with contemporary standards and international health protocols. The key amendments include updating terminology to reflect changes in technology and measurement standards, such as converting feet and inches to metres and millimetres, and updating references to outdated international health regulations and acts. The policy objective of these amendments is to ensure that Australia's quarantine regulations remain effective and compliant with current international health standards, thereby safeguarding public health and facilitating international trade.

Scope and Application

The Quarantine (General) Regulations 1981, as amended, apply to persons and entities involved in the importation of goods and the movement of people into Australia. This legislation pertains to the Commonwealth jurisdiction, governing the measures required to prevent the introduction and spread of diseases and pests into the country. The regulations set out the procedures and standards for the inspection, treatment, and quarantine of goods, animals, and people arriving in Australia. The scope of these regulations extends to all airports of entry, which now include "oversea" rather than being limited to "overseas", and encompass a broad range of activities such as the handling and transportation of goods, the movement of people, and the application of sanitary and phytosanitary measures. The regulations also incorporate the International Health Regulations adopted by the World Health Assembly in 1969, replacing the previous International Sanitary Regulations 1951. The regulations provide for specific measurements and quantities to be used in compliance with international standards, updating units of measurement from imperial to metric. Various exclusions, exemptions, or thresholds may apply depending on the specific circumstances of the goods or persons involved, and these are detailed in the schedules and sub-regulations of the amended regulations. The application of these regulations can be further extended or restricted through subordinate instruments, which may include notifications, guidelines, or further amendments.

Key Provisions

The Quarantine (General) Regulations 2 (Amendment) 1981, made under the Quarantine Act 1908, primarily focus on updating various definitions and measurements to reflect current standards and international agreements. The key sections and changes include repealing Regulation 2, which previously defined certain terms, and amending numerous definitions and measurement units throughout the Regulations (see Schedule). For instance, the definition of "airport of entry" has been updated, and several terms such as "International Sanitary Regulations 1951" and "the Act" have been substituted with newer terms or references (Reg. 5(1)). Additionally, many dimensional measurements have been converted from imperial to metric units, such as changing "six feet" to "2 metres" and "one foot" to "300 millimetres" (Reg. 6(2)(a), 6(3), 25(3)(b), 25(4)(a), 25(4)(d)(a), 31(1)(b)(i)(a), 31(1)(b)(ii)(a), 31(1)(b)(iii)(a), 39(1)(f)(i), 39(1)(f)(iii)(a), 40(8)(c), 41(2)(a), 43(1), 43(3), 49(1), 51(1), 68(a), 68(b)(a), 68(b)(b), 70, 75(1), 80(1), 80(2), 80(3), 80(7), 83, Schedule 1, Form H, and Schedule 2, Part 1). These changes aim to align the Quarantine (General) Regulations with contemporary standards and practices. The Quarantine (General) Regulations 2 (Amendment) 1981 impose several obligations on parties and entities governed by these Regulations. These obligations include adhering to the updated definitions and measurement units specified in the amended Regulations. For example, entities must now use the new definitions of terms such as "airport of entry" and "International Health Regulations" (Reg. 5(1)). Moreover, they must comply with the updated dimensional measurements, converting from imperial to metric units as specified in various Regulations (Reg. 6(2)(a), 6(3), 25(3)(b), 25(4)(a), 25(4)(d)(a), 31(1)(b)(i)(a), 31(1)(b)(ii)(a), 31(1)(b)(iii)(a), 39(1)(f)(i), 39(1)(f)(iii)(a), 40(8)(c), 41(2)(a), 43(1), 43(3), 49(1), 51(1), 68(a), 68(b)(a), 68(b)(b), 70, 75(1), 80(1), 80(2), 80(3), 80(7), 83, Schedule 1, Form H, and Schedule 2, Part 1). Failure to comply with these updated requirements can result in regulatory penalties or other enforcement actions. The Quarantine (General) Regulations 2 (Amendment) 1981 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the updated Regulations could lead to enforcement actions under the Quarantine Act 1908. The Act provides for various penalties, including fines and imprisonment, for breaches of quarantine regulations. For instance, under the Quarantine Act 1908, a person who contravenes any regulation made under the Act may be liable to a fine not exceeding $10,000 for each offence, and in the case of a continuing offence, a further fine not exceeding $1,000 for each day the offence continues (s. 37). Additionally, imprisonment for a term not exceeding two years may be imposed for certain offences (s. 38). Therefore, while the specific penalties are not detailed in the Regulations 2 (Amendment) 1981, the overarching Act provides a framework for enforcement and potential penalties for non-compliance.