Statutory Rules
1973 No. 252
REGULATION UNDER THE QUARANTINE ACT 1908-1969.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Quarantine Act 1908-1969.
Dated this fourth day of December, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
D. EVERINGHAM
Minister of State for Health.
————
Amendment of the Quarantine (General) Regulations†
Regulation 14a of the Quarantine (General) Regulations is repealed and the following regulation substituted:—
Prescribed disease and prescribed period under sub-section 35 (1a) of Act.
“ 14a. For the purposes of sub-section (1a) of section 35 of the Act—
(a) small-pox is a prescribed disease; and
(b) the prescribed period, in relation to a person who is or has been on board an oversea vessel, is a period commencing three years before—
(i) in the case of a person who arrived in Australia on board the vessel on its current voyage—the date on which the person so arrived in Australia; and
(ii) in any other case—the last date on which the person was on the vessel,
and ending eight days before that date.”.
* Notified in the Australian Government Gazette on 13 December 1973.
† Statutory Rules 1956, No. 114, as amended by Statutory Rules 1957, No. 13; 1958, No. 34: 1965, Nos. 80 and 188; and 1972, Nos. 82, 129 and 190.
Overview
Statutory Rules 1973 No. 252, under the Quarantine Act 1908-1969, introduces amendments to the Quarantine (General) Regulations, specifically repealing Regulation 14a and substituting it with new provisions. This legislative instrument was enacted to address the need to update disease-related quarantine measures in response to changing health risks. The enactment was authorised by the Governor-General of Australia, acting on the advice of the Executive Council, and was designed to ensure that the regulations governing quarantine are effective in preventing the spread of diseases such as smallpox. The policy objective is to establish a clear and updated framework for managing the risk of infectious diseases through quarantine measures, specifically targeting individuals who have been on overseas vessels.
Scope and Application
The Quarantine (General) Regulations, amended under the Quarantine Act 1908-1969, apply to any person or entity involved in the movement of goods, animals, or people into Australia, with a particular focus on preventing the introduction and spread of prescribed diseases. These regulations specifically address the period during which individuals arriving from overseas by vessel are considered at risk of carrying prescribed diseases, such as smallpox, into Australia. The scope of the regulations encompasses all individuals who have been on board an overseas vessel within a defined timeframe, with a prescribed period starting three years before their arrival in Australia and ending eight days before their arrival. This regulation is designed to ensure that any potential disease vectors are identified and managed effectively to protect public health. The regulations apply nationally across Australia and are enforced by Commonwealth authorities, with the specific responsibility falling under the purview of the Minister of State for Health. No specific exclusions or exemptions are mentioned in this particular amendment, though the overarching Act may include provisions that could exclude certain individuals or entities under specific circumstances.
Key Provisions
The main operative section of this legislation, Regulation 14a, specifies small-pox as a prescribed disease under the Quarantine Act 1908-1969 and defines the prescribed period for this disease in relation to individuals who have been on board an oversea vessel (14a(a)-(b)). The prescribed period is set to commence three years before the date of arrival in Australia for those who arrive on the vessel on its current voyage, and for others, it is the last date they were on the vessel, concluding eight days prior to that date. This regulation aims to provide clarity and precision in identifying the timeframe during which individuals may be considered a risk for small-pox upon entering Australia.
The Act imposes several obligations on the parties it governs. Primarily, it requires individuals arriving in Australia on an oversea vessel to be aware of the prescribed disease and period related to small-pox, as outlined in Regulation 14a. This knowledge is crucial for compliance with quarantine measures that may be implemented to prevent the spread of the disease. Additionally, authorities responsible for enforcing the Quarantine Act must ensure that these regulations are accurately applied and that individuals are properly assessed based on the specified timeframe.
Breaches of the Quarantine Act and its associated regulations can lead to various civil and criminal consequences. The specific offences and penalties are not detailed within the text provided, but generally, violations of quarantine regulations can result in fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties are not explicitly stated in the excerpt but are likely to be found within the broader provisions of the Quarantine Act or in related legislation. It is essential for individuals and entities governed by this Act to adhere to the regulations to avoid potential legal repercussions.