Statutory Rules
1981 No. 10
REGULATIONS UNDER THE QUARANTINE ACT 1908*
I, The GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Quarantine Act 1908.
Dated this twenty nineth day of January 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Health
AMENDMENTS OF THE QUARANTINE (GENERAL) REGULATIONS†
Interpretation
1. Regulation 5 of the Quarantine (General) Regulations is amended by inserting after the definition of “last oversea port” in sub-regulation (1) the following definition:
“‘master’, in relation to a vessel, means—
(a) in the case of a vessel used in navigation by sea, the person (other than a pilot) in charge or command of the vessel; and
(b) in the case of an aircraft, the person in charge or command of the aircraft;”.
Methods of disinfecting parts of vessels and goods
2. Regulation 39 of the Quarantine (General) Regulations is amended—
(a) by omitting from paragraph (f) of sub-regulation (1) “ or ” (last occurring); and
* Notified in the Commonwealth of Australia Gazette on 5th February 1981.
† Statutory Rules 1956 No. 114 as amended by Statutory Rules 1957 No. 13; 1958 No. 34; 1965 Nos. 80 and 188; 1972 Nos. 82, 129 and 190; 1973 No. 252; 1976 No. 193; 1978 No. 167; 1979 Nos. 15 and 286; 1980 No. 51.
S.R. No. 45/1 Cat. No.—Recommended retail price 20c 14/6.4. 1981.
(b) by adding at the end of sub-regulation (1) the following paragraphs:
“(h) by being exposed to ethylene oxide—
(i) at a concentration of 1.5 grams per litre;
(ii) at a pressure of 50.5 kilopascals; and
(iii) at a temperature of 50 degrees Celsius,
for not less than 4 hours or for not less than such shorter period as a quarantine officer, in the particular case, determines; or
(i) by irradiation with gamma rays to a dose of not less than 25 kilograys.”.
Printed by Authority by the Commonwealth Government Printer
Overview
Statutory Rules 1981 No. 10, known as the Regulations under the Quarantine Act 1908, was introduced to amend the Quarantine (General) Regulations. Enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations address the need to update methods of disinfecting parts of vessels and goods to ensure compliance with current health and safety standards. The primary objective is to enhance the effectiveness of quarantine measures by incorporating modern disinfection techniques, thereby mitigating the risk of disease transmission through imported goods and vessels. This legislative instrument ensures that Australia's quarantine protocols remain robust and aligned with international best practices.
Scope and Application
The Statutory Rules 1981 No. 10, made under the Quarantine Act 1908, amend the Quarantine (General) Regulations to redefine certain terms and update methods for disinfecting vessels and goods to ensure they are free from pests and diseases. These regulations apply to any person or entity involved in the transportation of goods or vessels across Australian borders, encompassing both sea and air travel. This includes the masters of vessels and aircraft who must comply with the defined terms and disinfection methods. The geographic reach of these regulations is national, applying across all states and territories within the Commonwealth of Australia. Exclusions and exemptions are not explicitly stated within the provided text, and the regulations extend to encompass the specific disinfection methods outlined, thereby restricting the use of alternative methods not mentioned. These regulations are enforceable through subordinate instruments that may further detail specific procedures and requirements.
Key Provisions
The key provisions of these Regulations, found under the Quarantine Act 1908, involve amendments to the Quarantine (General) Regulations. Specifically, Regulation 5 is amended to provide a new definition of "master" (1), clarifying who is in charge or command of a vessel or aircraft, and Regulation 39 is amended to include new methods of disinfecting parts of vessels and goods (2). Regulation 5(1) now specifies that the term "master" means the person in charge or command of a vessel or aircraft, excluding a pilot in the case of a vessel used in navigation by sea (1). Regulation 39(1) now includes two new methods of disinfecting parts of vessels and goods: exposure to ethylene oxide at specified concentrations, pressures, temperatures, and durations, or irradiation with gamma rays to a minimum dose of 25 kilograys (2).
These Regulations impose several obligations on parties governed by them. Firstly, they require that vessels and aircraft be disinfected using the methods specified in Regulation 39(1), either through exposure to ethylene oxide under the defined conditions or irradiation with gamma rays to the required dose (2). The Regulations also place a responsibility on quarantine officers to determine the appropriate duration for exposure to ethylene oxide in each case (2). Additionally, the definition of "master" in Regulation 5(1) clarifies the responsibilities of the person in charge or command of a vessel or aircraft, ensuring that they are aware of and comply with the relevant disinfection requirements (1).
Failure to comply with these Regulations may result in civil or criminal consequences. While the specific penalties are not detailed within the Regulations themselves, breaches of the Quarantine Act 1908 generally carry significant penalties, including fines and imprisonment. The maximum penalties can vary depending on the specific provision of the Act that is breached and the circumstances of the offence. It is important for parties governed by these Regulations to be aware of these potential consequences and to ensure compliance to avoid any legal repercussions.