Quarantine (General) Regulations (Amendment)

Overview

The Quarantine (General) Regulations Amendment (Desalting Exemption Certificate) Regulation 2004 was enacted to amend the Quarantine (General) Regulations under the Quarantine Act 1908. This legislative instrument, made by the Governor-General acting on the advice of the Federal Executive Council, addresses the issue of updating the fee for issuing desalting exemption certificates. The objective is to ensure the relevant fees reflect contemporary economic conditions and administrative costs, thereby maintaining the efficacy of the regulatory framework established under the Quarantine Act. This regulation, which amends the previously established fee from $4.20 to $30, demonstrates the ongoing commitment to review and adjust fees to ensure they remain fair and effective in fulfilling the legislative intent. The enactment of this regulation by the Governor-General with the Council’s advice underscores the collaborative effort between the executive and legislative branches to uphold public health and safety through the regulation of goods and services entering Australia. The policy objective is to ensure that the fees for issuing desalting exemption certificates are adequate to cover the costs associated with processing and issuing these certificates, thereby supporting the overall goal of preventing the introduction and spread of pests and diseases into Australia.

Scope and Application

The Statutory Rules 1979 No. 15, made under the authority of the Governor-General, constitutes a regulation amending the Quarantine (General) Regulations in relation to the issuance of Desalting Exemption Certificates. This amendment, which updates the fee for such certificates, applies nationally and is aimed at enhancing the administrative efficiency of the Quarantine Act 1908. The regulation directly affects individuals or entities that are involved in activities requiring a desalting exemption certificate, thereby ensuring that they comply with the updated fee structure. The scope of these regulations encompasses all persons and entities subject to the requirements of the Quarantine Act, with no specific exclusions noted within this amendment, thereby maintaining the integrity of the legislative intent to control and manage the introduction and spread of pests and diseases through quarantine measures. This regulation further extends its application through subordinate instruments, ensuring that the legislative framework remains adaptable to changing circumstances and needs.

Key Provisions

The key operative sections of this legislative instrument are primarily concerned with amending the Quarantine (General) Regulations, specifically the fee associated with the issuance of a Desalting Exemption Certificate. Regulation 32, which sets out the fees for certain services, is being amended to change the fee from $4.20 to $30 (Reg. 32). This amendment, effective from the date of notification in the Commonwealth of Australia Gazette on 6 February 1979, reflects an adjustment in the cost associated with obtaining a Desalting Exemption Certificate. The entities and parties governed by these regulations are those seeking the issuance of a Desalting Exemption Certificate, which could include ship owners, operators, or any person who wishes to desalt ballast water in Australia. These parties must now comply with the updated fee structure as stipulated in the amended Regulation 32. By adhering to this new fee, they ensure they are meeting the regulatory requirements set forth by the Quarantine (General) Regulations. Breach of these regulations, or failure to comply with the amended fee structure, may lead to various consequences. While specific penalties are not detailed in this legislative instrument, general penalties for non-compliance with the Quarantine Act 1908 can include fines and other sanctions as prescribed by the relevant authorities. The penalties for breaches can be severe, depending on the nature and severity of the violation, and may include both civil and criminal consequences. It is important for all governed parties to ensure full compliance to avoid any potential penalties.