Quarantine (General) Regulations (Amendment) 1997 No. 85
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 85
Issued by the Authority of the Minister for Primary Industries and Energy
Quarantine Act 1908
Quarantine (General) Regulations (Amendment)
Subsection 87 (1) of the Quarantine Act 1908 (the Act) provides, inter alia, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by this 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.
Paragraph 87 (1) (sa) of the Act provides that a person who is alleged to have contravened a provision of the Act or of the Regulations may pay a penalty fine to the Commonwealth, as an alternative to prosecution.
The purpose of the proposed Regulations is to provide for the introduction of a system of infringement notices for minor breaches of the Quarantine Act as follows:
Proposed Regulation 2 inserts new Regulation 84 requiring a person entering Australia to complete a quarantine declaration that is neither false nor misleading in a material particular.
Proposed Regulation 3 inserts new Regulations 85 to 96 which make up a new Part 9 of the Regulations, Infringement Notices.
Regulation 85 defines the terms used in these regulations such as infringement notice, infringement notice offence, prescribed penalty, and quarantine clearance area.
Regulation 86 provides for the serving of infringement notices by Quarantine Officers.
Regulation 87 requires the person being served with an infringement notice to provide their name and address and to show evidence of the person's identity.
Regulation 88 provides for the withdrawal of infringement notices.
Regulation 89 prescribes what information must be included in an infringement notice.
Regulation 90 provides for the extension of the time allowed for payment of an infringement notice.
Regulation 91 provides that where the prescribed penalty is paid then:
- any liability of the person in respect to the offence is discharged; and
- no further proceedings may be taken against the person in respect of the offence; and
- the person is not to be taken to have been convicted of the offence.
Regulation 92 provides for the refund of the prescribed penalty if an infringement notice is withdrawn.
Regulation 93 provides for evidentiary matters regarding infringement notice offences.
Regulation 94 deals with issues where more than one infringement notice is served for the same infringement notice offence.
Regulation 95 provides for the payment of a prescribed penalty by cheque.
Regulation covers the effect Part 9 of the Regulations has on the institution and prosecution of proceedings.
The proposed Regulations would commence on gazettal.
Overview
The Quarantine (General) Regulations (Amendment) 1997 No. 85, issued by the authority of the Minister for Primary Industries and Energy, aims to introduce a system of infringement notices for minor breaches of the Quarantine Act 1908. This amendment seeks to address procedural gaps by providing an alternative to prosecution for minor violations, thus streamlining enforcement while ensuring compliance with quarantine regulations. The policy objective is to facilitate a more efficient and effective enforcement mechanism by offering a penalty fine payment option instead of the traditional prosecution route, thereby expediting the resolution of minor infractions and reducing the burden on the judicial system.
These regulations, which are set to commence upon gazettal, are designed to complement the overarching framework of the Quarantine Act by introducing specific provisions for the issuance and processing of infringement notices. This includes requirements for quarantine declarations, details of the notices themselves, and the conditions under which these notices can be withdrawn or paid. The amendment also outlines the consequences of paying the prescribed penalty, including the discharge of liability and the prohibition of further proceedings, thereby offering a clear and concise pathway for resolving minor regulatory breaches.
Scope and Application
The Quarantine (General) Regulations (Amendment) 1997 No. 85 amends the Quarantine Act 1908 by introducing a system of infringement notices for minor breaches of the Act, thereby providing an alternative to prosecution for certain offences. This amendment applies to any person entering Australia, requiring them to complete a quarantine declaration that is neither false nor misleading in a material particular. The new Part 9, Infringement Notices, encompasses Regulations 85 to 96, detailing aspects such as the definition of terms, the serving of notices, evidentiary matters, and the consequences of paying or withdrawing a prescribed penalty. The scope of these regulations is broad, affecting anyone entering Australia and subjecting them to potential infringement notices for minor breaches, which, if paid, will discharge any liability and prevent further proceedings. These regulations extend to the entire Commonwealth, reinforcing the jurisdictional reach of the Quarantine Act 1908.
Key Provisions
The main provisions of the Quarantine (General) Regulations (Amendment) 1997 No. 85, as outlined in the Explanatory Statement, introduce a new system of infringement notices for minor breaches of the Quarantine Act 1908. According to Regulation 84, any person entering Australia must now complete a quarantine declaration that is neither false nor misleading in any material particular (Proposed Regulation 2). This requirement is intended to ensure that individuals entering the country provide accurate information regarding their health and potential exposure to quarantine-listed pests and diseases. The new Part 9, titled Infringement Notices, encompasses Regulations 85 to 96, which detail the system for issuing and processing these notices. Regulation 85 provides definitions for terms such as infringement notice, infringement notice offence, prescribed penalty, and quarantine clearance area (Reg. 85). Regulation 86 allows Quarantine Officers to serve these notices (Reg. 86), while Regulation 87 mandates that the person receiving the notice provide their name, address, and evidence of identity (Reg. 87). Regulation 88 allows for the withdrawal of infringement notices under certain circumstances (Reg. 88), and Regulation 89 stipulates the information that must be included in an infringement notice (Reg. 89).
The Quarantine (General) Regulations (Amendment) 1997 No. 85 impose several obligations on individuals entering Australia and on Quarantine Officers. Firstly, individuals must complete a truthful and accurate quarantine declaration upon entry (Reg. 84). This requirement ensures that individuals provide the necessary information to assess any potential risks they may pose to the country's biosecurity. Secondly, Quarantine Officers are tasked with serving infringement notices to individuals who have allegedly breached the Quarantine Act (Reg. 86). They must also ensure that the person provides their name, address, and evidence of identity when served with a notice (Reg. 87). Additionally, Quarantine Officers must ensure that the notices include all required information (Reg. 89) and follow the correct procedures for issuing, withdrawing, and processing the notices.
The Quarantine (General) Regulations (Amendment) 1997 No. 85 also establish consequences for those who breach the regulations. If an individual is served with an infringement notice and pays the prescribed penalty, their liability for the offence is discharged, and no further proceedings may be taken against them (Reg. 91). Importantly, they are not considered to have been convicted of the offence (Reg. 91). However, if the infringement notice is withdrawn, the prescribed penalty must be refunded (Reg. 92). Failure to comply with the requirements of the Quarantine Act and the new regulations may result in civil or criminal penalties, including fines, as outlined in the Act (s. 87(1)(sa)). The specific penalties for infringement notice offences are not detailed in the Explanatory Statement, but the Act provides for fines as an alternative to prosecution (s. 87(1)(sa)).