Statutory Rules 1972 No. 190(c)
Regulation 14a of the Quarantine (General) Regulations is repealed and the following regulation inserted in its stead:—
Prescribed diseases and periods under section 35 (1a.) of the Act.
“14a.—(1.) Small-pox and cholera are each a prescribed disease for the purpose of sub-regulation (1a.) of section 35 of the Act.
“(2.) For the purpose of sub-section (1a.) of section 35 of the Act, the prescribed period, in relation to a person who is or has been on board an oversea vessel, is—
(a) in the case of small-pox—a period commencing three years and ending eight days—
(i) in the case of a person who arrived in Australia on board the vessel on its current voyage—before the day on which the person so arrived in Australia; and
(ii) in any other case—before the last day on which the person was on the vessel; and
(b) in the case of cholera—a period commencing six months and ending six days—
(i) in the case of a person who arrived in Australia on board the vessel on its current voyage—before the day on which the person so arrived in Australia; and
(ii) in any other case—before the last day on which the person was on the vessel.”.
(c) Made under the Quarantine Act 1908-1969 on 17 November 1972; notified in the Commonwealth Gazette on 17 November 1972.
Overview
The Statutory Rules 1972 No. 190, made under the Quarantine Act 1908-1969, repeals and replaces Regulation 14a of the Quarantine (General) Regulations. This legislative instrument was enacted to address the need for specific prescribed diseases and periods for quarantine purposes, particularly concerning small-pox and cholera. The regulation was introduced to ensure the effective management and prevention of these diseases entering Australia via overseas vessels. The objective of this amendment is to define the prescribed period for individuals on overseas vessels to determine if they pose a risk of carrying these diseases upon arrival in Australia. By clearly establishing the timeframes, the regulation aims to enhance the efficiency and efficacy of quarantine measures, protecting public health and preventing the spread of these highly infectious diseases.
Scope and Application
The Legislative instrument C2004L00450 amends the Quarantine (General) Regulations by repealing Regulation 14a and inserting a new regulation, made under the authority of the Quarantine Act 1908-1969. This regulation specifically addresses the prescribed diseases and periods relevant to the quarantine requirements for individuals arriving in Australia on overseas vessels. It designates small-pox and cholera as prescribed diseases under section 35(1a) of the Act, establishing particular timeframes within which these diseases must be considered when assessing the health status of individuals who have been on board an overseas vessel. For small-pox, the prescribed period is defined as starting three years before the individual's arrival in Australia and ending eight days before this arrival, or, if the individual is not arriving on the current voyage, ending eight days before their last day on the vessel. Similarly, for cholera, the period is from six months before arrival, ending six days prior to arrival or departure from the vessel. The regulation applies nationally across Australia and affects any individual arriving from overseas who may have been exposed to these diseases during their voyage.
Key Provisions
The statutory rules of 1972, specifically No. 190(c), modify Regulation 14a of the Quarantine (General) Regulations, which pertains to prescribed diseases and the timeframes relevant to these diseases, particularly concerning individuals arriving from overseas on vessels. Regulation 14a(1) identifies small-pox and cholera as prescribed diseases for the purposes of section 35(1a) of the Act. This means that these two diseases are specifically recognised under the law as requiring certain quarantine measures for individuals who may have been exposed to them. Regulation 14a(2) further specifies the timeframes for these prescribed diseases. For small-pox, the period of concern begins three years before the individual arrives in Australia and ends eight days before the actual arrival. For cholera, the timeframe is slightly shorter, starting six months before arrival and ending six days before the person arrives in Australia.
Under these regulations, the entities or individuals responsible for enforcing the quarantine measures must ensure that all arriving passengers from overseas are checked against these prescribed diseases within the specified timeframes. This involves verifying the health status of the individuals and potentially subjecting them to quarantine if there is any suspicion or evidence of exposure to small-pox or cholera. The obligation falls on the officers of the Commonwealth or state or territory responsible for administering the Quarantine Act, as well as any relevant health professionals involved in the assessment and monitoring process.
Failure to comply with these regulations can result in significant legal consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines and other monetary sanctions as prescribed by the relevant legislation. Criminal penalties may include imprisonment, with the specific maximum penalties detailed in the relevant sections of the Quarantine Act or other applicable laws. These penalties serve as deterrents to ensure that the regulations are adhered to, thereby protecting public health and preventing the spread of these serious infectious diseases.