EXPLANATORY STATEMENT
Statutory Rules 1987 No 193
ISSUED BY THE AUTHORITY OF THE MINISTER FOR RESOURCES
QUARANTINE (GENERAL) REGULATIONS (AMENDMENT)
Subsection 87(1) of the Quarantine Act 1908 empowers the Governor-General to make regulations for carrying out or giving effect to the Act.
The Quarantine (General) Regulations (Amendment) (‘the Amendment’) makes amendments to the Quarantine (General) Regulations (‘the Principal Regulations’), which prescribe matters relevant to the quarantine control of the introduction of harmful diseases and pests into Australia.
Regulation 25 of the Principal Regulations requires the master of a vessel that is in an Australian port to cause every opening in the side of the vessel to be obstructed, and be kept obstructed, to stop rats leaving the vessel and to cause effective rat guards to be fitted to all ropes holding the vessel.
Regulation 2 of the Amendment amends regulation 25 by omitting subregulation 25(4) (which specified the requirements for an effective rat guard for the purposes of subregulation 25(2)) and substituting a new subregulation 25(4) which applies the requirements of subregulations 25(1) and (2) only until a quarantine officer has inspected the vessel and found it to be free of rats.
Regulation 66 of the Principal Regulations requires treatment of aircraft compartments for destruction of insects (‘disinsection’).
Regulation 3 of the Amendment amends subregulation 66(2) by removing the requirement that the ventilators in an aircraft compartment are to be closed before and during inflight disinsection.
The Amendment entered into force on gazettal.
Overview
The Quarantine (General) Regulations (Amendment) 2004 amends the Quarantine (General) Regulations, which were established under the Quarantine Act 1908, to enhance the effectiveness of quarantine measures aimed at preventing the introduction of harmful diseases and pests into Australia. Enacted by the authority of the Minister for Resources, these amendments were made to address specific gaps in the existing regulations concerning the control of pests such as rats on vessels and the disinsection of aircraft compartments. The policy objective behind these changes is to ensure that Australia's quarantine regulations remain robust and adaptable to new pest control methodologies and practices. By modifying the requirements for rat guards on vessels and altering the protocols for aircraft disinsection, the Amendment seeks to streamline procedures while maintaining stringent biosecurity standards.
Scope and Application
The Quarantine (General) Regulations (Amendment) modifies the Quarantine (General) Regulations, which are made under the authority of the Quarantine Act 1908 to control the introduction of harmful diseases and pests into Australia. This amendment applies to vessels in Australian ports and aircraft entering Australian airspace, thus affecting shipmasters and aircraft operators. The amendment specifically targets subregulations relating to rat guards on vessels and disinsection procedures for aircraft, with the intent to streamline the process and reduce administrative burden. Notably, subregulation 25(4) has been altered to remove the requirement for rat guards until a quarantine officer has inspected the vessel, and subregulation 66(2) has been modified to eliminate the need for closing aircraft ventilators during inflight disinsection. These changes are designed to enhance the efficiency of quarantine processes without compromising the primary objective of preventing the spread of pests and diseases. The Amendment applies nationally, aligning with the overarching aim of the Quarantine Act to protect Australia's biosecurity.
Key Provisions
The main operative sections of the Quarantine (General) Regulations (Amendment) pertain to modifications in the procedures for preventing the spread of pests and diseases via vessels and aircraft. Regulation 2 of the Amendment modifies Regulation 25 of the Principal Regulations, which concerns the prevention of rats leaving a vessel through openings in the vessel's side. The amendment specifically alters subregulation 25(4), removing the previous specification of what constitutes an effective rat guard and instead requiring that all openings be obstructed and effective rat guards be installed until a quarantine officer confirms the vessel is rat-free. Regulation 3 of the Amendment modifies Regulation 66, which deals with the disinsection of aircraft compartments. The amendment removes the necessity for closing the ventilators in an aircraft compartment before and during inflight disinsection.
The Amendment imposes several obligations and requirements on the parties it governs. Vessel masters are required to obstruct all openings in the vessel's side and to install effective rat guards on all ropes holding the vessel. These measures must be maintained until a quarantine officer inspects the vessel and determines it is free of rats. For aircraft, the amendment removes the requirement to close ventilators during inflight disinsection, potentially streamlining the process of treating aircraft compartments to prevent the introduction of insect-borne diseases.
Breaches of these regulations could result in various consequences. While the Amendment does not explicitly state penalties for non-compliance, breaches of the Quarantine Act 1908 or its regulations could lead to fines and imprisonment. The principal Act provides for penalties, including fines up to $11,100 for individuals and $55,500 for corporations, along with potential imprisonment terms. These penalties underscore the seriousness with which the Australian government regards compliance with quarantine regulations to safeguard public health and the environment.