EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 37
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
QUARANTINE ACT 1908
QUARANTINE (GENERAL) REGULATIONS (AMENDMENT)
Sub-section 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 or convenient to be prescribed for carrying out or giving effect to the Act. Paragraphs 87(1)(k) and (s) further provide for the making of regulations for regulating the discharge from vessels of any water, ballast, or refuse and for prescribing penalties not exceeding $2,000 for breaches of the regulations.
Statutory Rules No. 345 of 1985, which were notified in the Commonwealth of Australia Gazette on 19 December 1985, amended, among other things, sub-regulation 33C(1) of the Quarantine (General) Regulations (‘the Regulations’). Sub-regulation 33C(1) requires the master or owner of a vessel to which regulation 33C applies to make all animal waste,
organic refuse, galley scraps or waste from that vessel available for collection by an authorized person. The amending Statutory Rules inadvertently removed the penalty of $2,000 for not complying with sub-regulation 33C(1) from the end of that sub-regulation.
The Statutory Rules re-insert the penalty of $2,000 at the foot of sub-regulation 33C(1). The Statutory Rules commenced operation on the date of their notification in the Commonwealth of Australia Gazette.
Overview
The Quarantine (General) Regulations (Amendment) Statutory Rules 1986, enacted by authority of the Minister for Health, aim to rectify an oversight in the existing Quarantine (General) Regulations. The Quarantine Act 1908 originally allowed for the regulation of waste discharge from vessels, including the imposition of penalties for non-compliance. However, a previous amendment inadvertently omitted a specified penalty for breaches related to the availability of animal waste and organic refuse for collection. The current Statutory Rules are intended to restore the $2,000 penalty for non-compliance with the specified regulation, ensuring that the enforcement mechanisms under the Quarantine Act remain effective and comprehensive. This amendment serves to reinforce the policy objective of maintaining strict controls on maritime waste to prevent environmental contamination and protect public health.
Scope and Application
The Quarantine (General) Regulations (Amendment) Statutory Rules 1986, issued under the authority of the Minister for Health, amend the Quarantine (General) Regulations 1985 by re-inserting a penalty of $2,000 for breaches of sub-regulation 33C(1). This sub-regulation pertains to the requirement for the master or owner of a vessel to which regulation 33C applies to ensure that all animal waste, organic refuse, galley scraps, or waste from that vessel is made available for collection by an authorised person. The Act applies to individuals such as masters or owners of vessels, as well as the vessels themselves, which fall under the purview of the Quarantine Act 1908. Its geographic and jurisdictional reach extends nationally as it is a Commonwealth legislation. The amendment is confined to correcting an oversight in the original Statutory Rules No. 345 of 1985, which inadvertently omitted the specified penalty. The corrected Statutory Rules restore the intended penalty structure, thereby ensuring compliance with the regulatory framework established under the Quarantine Act.
Key Provisions
The key operative sections of the Statutory Rules 1986 No 37 amend the Quarantine (General) Regulations by re-inserting a penalty for non-compliance with sub-regulation 33C(1) of the Quarantine (General) Regulations (sub-regulation 33C(1)). This sub-regulation requires the master or owner of a vessel to make all animal waste, organic refuse, galley scraps or waste from the vessel available for collection by an authorised person. The amendment reinstates the penalty of $2,000 for non-compliance with this requirement, a penalty that was inadvertently removed by an earlier amendment (sub-regulation 33C(1)(f)). The Statutory Rules 1986 No 37 came into effect on the date of their notification in the Commonwealth of Australia Gazette, ensuring that the penalty for non-compliance with sub-regulation 33C(1) is once again in force.
The Quarantine (General) Regulations, as amended by the Statutory Rules 1986 No 37, impose specific obligations on the master or owner of a vessel to which regulation 33C applies. These obligations include making all animal waste, organic refuse, galley scraps, or waste from the vessel available for collection by an authorised person. This requirement is intended to ensure the proper disposal of waste materials to prevent the spread of diseases and maintain the health and safety of the environment. Failure to comply with these obligations can result in the specified penalty being imposed.
In the event of a breach of sub-regulation 33C(1), as amended by the Statutory Rules 1986 No 37, the penalty that may be imposed is a fine of up to $2,000. This penalty is specified in sub-regulation 33C(1)(f) of the Quarantine (General) Regulations. The imposition of this penalty serves as a deterrent to non-compliance and underscores the importance of adhering to the waste management requirements outlined in the Regulations. The maximum penalty is a reflection of the potential risks and consequences associated with the improper disposal of waste materials, particularly in a maritime context.
The Statutory Rules 1986 No 37 are clear in their intent to correct an oversight in the previous amendments to the Quarantine (General) Regulations. By re-inserting the penalty of $2,000 for non-compliance with sub-regulation 33C(1), the Statutory Rules ensure that the Regulations remain effective in their purpose of regulating the discharge from vessels of any water, ballast, or refuse. This amendment is critical for maintaining the integrity of the Quarantine Act 1908 and its associated Regulations, ensuring that all necessary measures are in place to prevent the spread of diseases and protect public health and the environment.