EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 26
QUARANTINE (GENERAL) REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Health
Section 87 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 or convenient to be prescribed for carrying out or giving effect to the Act. Under paragraph 87(1)(o), the Governor-General may make regulations for prescribing the fees payable in respect of examinations, services or certificates by quarantine officers and the persons by whom the fees are payable.
Regulation 80 and Schedule 2 of the Quarantine (General) Regulations specify the fees payable by masters, owners or agents of a vessel for the application of quarantine treatments to vessels and goods under their control. These treatments include fumigation, disinfection, disinsecting, the application of rodent control measures and the levying of charges for the disposal of refuse and galley scraps from vessels.
Due to successful programs of containment and eradication of contagious disease in recent years, as well as improved standards of shipboard hygiene, the probability of ships’ crews introducing human quarantine diseases into Australia has been reduced. The quarantine treatment of ships and goods has therefore become less frequent. On the few occasions when treatment has been considered necessary the work has been undertaken by professional pest control firms under contract to the ship owner, but under quarantine supervision.
The decreasing need for shipboard treatments, the use of contractors to carry out the work, and the small amount of revenue recovered have indicated that the present system of charging should be reviewed. In addition, most of the fees have not been increased since 1956. A review was subsequently conducted in line with the Government’s policy of cost recovery and strict financial restraint.
The new regulations have embodied the outcome of that review by repealing Schedule 2 and substituting
a new Schedule 2 to provide both a revised scale of fees payable by the master, owner or agent of a vessel for quarantine services and a revised structure of the matters in respect of which these fees are payable. A transitional provision has also been incorporated into the amendments to provide that vessels already en route to Australia or in quarantine, at the commencement of the regulations would attract fees at the old rate. The revised fees would take effect from 1 March 1984.
Overview
The Quarantine (General) Regulations (Amendment) Statutory Rules 1984 No. 26, enacted under the authority of the Minister for Health, aimed to address inefficiencies and outdated pricing structures within the existing quarantine fee system as specified under the Quarantine Act 1908. The decrease in the necessity for quarantine treatments on vessels, coupled with the use of professional contractors for such tasks under quarantine supervision, highlighted the need for a review. Furthermore, the unchanged fees since 1956 underscored the urgency for revision in line with the government's policy of cost recovery and financial restraint. The amendments introduced a new schedule to replace the existing one, providing updated fees for quarantine services rendered to vessels and ensuring that vessels already en route or in quarantine at the time of the regulation's commencement would continue to pay the previous rates. This transitional measure was effective until 1 March 1984, when the new fee structure came into effect.
Scope and Application
The Quarantine (General) Regulations (Amendment) Statutory Rules 1984 No. 26, made under the authority of the Minister for Health, amends the Quarantine (General) Regulations to revise the fees for quarantine treatments applied to vessels and goods entering Australia. The amendments respond to changes in the risk of contagious disease transmission from ships and the evolving practices in shipboard hygiene and pest control. These regulations apply to the masters, owners, or agents of vessels who are subject to quarantine treatments such as fumigation, disinfection, and rodent control. The revised fee structure is intended to reflect current market conditions and ensure cost recovery while adhering to financial restraint policies. The amendments also include a transitional provision that allows vessels already en route or in quarantine at the commencement of these regulations to continue paying the old fees, with the new fees applying from 1 March 1984. These regulations have a national reach, governing the application of quarantine treatments across Australia and are consistent with the overarching provisions of the Quarantine Act 1908.
Key Provisions
The main operative sections of these regulations, as per Statutory Rules 1984 No. 26, amend the Quarantine (General) Regulations by repealing Schedule 2 and introducing a new one. This new Schedule 2 sets out a revised scale of fees that must be paid by the master, owner, or agent of a vessel for quarantine services (regulation 80). These services include various treatments such as fumigation, disinfection, disinsecting, and rodent control measures, as well as charges for the disposal of refuse and galley scraps from vessels. The revised fees are intended to reflect the reduced need for these services, the use of professional pest control firms, and the policy of cost recovery and financial restraint.
The obligations under these regulations primarily concern the master, owner, or agent of a vessel entering Australian waters. They are required to pay the specified fees for any quarantine services rendered to their vessel or the goods under their control. The new fee structure aims to ensure that the costs associated with these services are appropriately recovered, reflecting the reduced frequency and scope of treatments. It is essential for these parties to be aware of the revised fees and to ensure compliance with the new financial obligations outlined in the amended regulations.
Any breaches of the obligations outlined in these regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. While the specific offences and penalties are not detailed in the explanatory statement, it is reasonable to infer that non-compliance with the fee payment requirements could lead to legal action under the Quarantine Act 1908. Penalties may include fines or other sanctions as prescribed by the Act, although the exact penalties are not specified in this particular set of regulations.
The transitional provision included in the amendments ensures that vessels already en route to Australia or in quarantine at the commencement of the regulations will not be subject to the new fees immediately. Instead, they will continue to pay the fees at the old rate until the revised fees take effect on 1 March 1984. This provision is designed to provide a fair and orderly transition to the new fee structure, avoiding any potential disruptions or unfair financial burdens on those who are already in the process of entering Australia or are already subject to quarantine measures.