EXPLANATORY STATEMENT
STATUTORY RULES 1988 No. 328
Issued by Authority of the Minister for Community Services and Health
Quarantine Act 1908
Quarantine (General) Regulations (Amendment)
Subsection 87(1) of the Quarantine Act 1908 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary to convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 35(1A) of the Act provides that a quarantine officer (human quarantine) may, by order in writing, order into quarantine any person, being a person who is or has been on board an oversea vessel or overseas installation, who fails to satisfy the quarantine officer (human quarantine) that he has, within the prescribed period, been successfully vaccinated or innoculated against any prescribed disease.
Deficiencies have recently become apparent in the Quarantine (General) Regulations (the Regulations) in relation to persons who may have been exposed to infection from yellow fever. The
main purpose of the proposed Regulations is to overcome these deficiencies by prescribing yellow fever for purposes of subsection 35(1A) of the Act and to prescribe for purposes of that subsection a period beginning 10 years before a person arrives in Australia and ending 10 days before that person arrives in Australia.
The effect of the proposed amendment will be that a person who arrives in Australia without being vaccinated against yellow fever within the prescribed period may be ordered into quarantine. The period of quarantine is 6 days beginning from when, in the opinion of a quarantine officer, the person was last exposed to infection from yellow fever. During that period of quarantine, the person may either be detained or released under quarantine surveillance. While under quarantine surveillance a person is usually required to report daily to a doctor to determine if any disease symptoms have developed.
The proposed Regulations also remove all references to smallpox from the Regulations as small-pox has now been eradicated. In addition a number of minor amendments are made, including amendments to regulations 20, 21, 22 and 31 and the repeal of Forms F, G and L of Schedule 1 consequential upon the amendment
of the Act in 1984 to require health reports to be in a form approved by the Director of Human Quarantine rather than, as previously, to be in a form prescribed by the regulations.
The Regulations came into operation on the date of their notification in the Gazette.
Overview
The Quarantine (General) Regulations (Amendment) 1988 was introduced to address deficiencies in the Quarantine (General) Regulations concerning the handling of persons potentially exposed to yellow fever, a disease for which vaccination within a specific timeframe can prevent its spread upon arrival in Australia. This amendment was enacted by the relevant legislature to align the regulations with contemporary health risks and to remove outdated references to smallpox, a disease now eradicated. The policy objective is to ensure that individuals who arrive in Australia without the requisite vaccination against yellow fever within the stipulated period, which extends from 10 years to 10 days before their arrival, can be effectively quarantined. The Regulations provide for a quarantine period of six days from the last potential exposure to yellow fever, during which the person may be detained or monitored under quarantine surveillance, requiring daily medical check-ins to monitor for symptoms. The amendments also include minor regulatory updates and the repeal of certain forms in line with changes in the reporting requirements for health conditions.
Scope and Application
The Quarantine (General) Regulations (Amendment) made under the Quarantine Act 1908 applies to any person who has been on board an overseas vessel or installation and may be subject to quarantine upon entering Australia if they have not been vaccinated against yellow fever within a prescribed period prior to arrival. The amendment aims to address deficiencies in the existing regulations concerning persons potentially exposed to yellow fever. This regulation applies to individuals regardless of their nationality, provided they have been on an overseas vessel or installation. The geographic reach of this regulation is national, as it pertains to individuals arriving in Australia from overseas. Exemptions from the requirement to be vaccinated against yellow fever would only apply if a person can demonstrate they were not exposed to yellow fever during the prescribed period. The regulations also remove references to smallpox, reflecting its eradication, and make several minor amendments to streamline the regulatory framework. These regulations came into operation on the date of their notification in the Gazette, and their application can be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The Quarantine (General) Regulations (Amendment) primarily introduces amendments to the Quarantine (General) Regulations under the Quarantine Act 1908. Section 35(1A) of the Act is specifically addressed, detailing the requirements for persons arriving in Australia to be vaccinated against prescribed diseases, particularly yellow fever. The amendment mandates that any person who fails to present evidence of vaccination against yellow fever within a specified period, which is 10 years prior to arrival and ending 10 days before arrival, may be ordered into quarantine (subsection 87(1)). The quarantine period is set at 6 days, beginning from when, in the opinion of a quarantine officer, the person was last exposed to infection from yellow fever. This period can either involve detention or release under quarantine surveillance, with the latter typically requiring daily medical check-ups to monitor for disease symptoms. Additionally, the Regulations remove all references to smallpox due to its eradication, and include several minor amendments to regulations 20, 21, 22, and 31. Forms F, G, and L of Schedule 1 are also repealed as they are no longer necessary following the 1984 amendment of the Act.
The Quarantine (General) Regulations (Amendment) impose certain obligations on individuals arriving in Australia. Primarily, these regulations require all persons arriving from overseas to ensure they have been vaccinated against yellow fever within the prescribed period before arrival. Failure to comply with this requirement may result in being ordered into quarantine by a quarantine officer. For those placed under quarantine surveillance, there is an obligation to report daily to a doctor to check for any developing symptoms of disease. Furthermore, the Regulations mandate that health reports be submitted in a form approved by the Director of Human Quarantine, reflecting the changes made in 1984.
Breach of the provisions outlined in the Quarantine (General) Regulations (Amendment) can lead to several consequences. Firstly, any person who arrives in Australia without complying with the vaccination requirements may be ordered into quarantine. This is a direct consequence of subsection 35(1A) of the Quarantine Act 1908. Additionally, failing to adhere to the terms of quarantine surveillance, such as not reporting daily to a doctor, can also result in further actions being taken against the individual. While the specific penalties for breach are not detailed in the explanatory statement, it is implied that non-compliance could lead to legal repercussions, including potential fines or further detention. The precise penalties would typically be found in the main body of the Act or related legislation.