Quarantine (General) Regulations (Amendment)

Overview

The Statutory Rules 1948 No. 133, made under the Quarantine Act 1908-1947, aim to address the need for updated regulations concerning the destruction of insects and other vermin, as well as the fees associated with the fumigation and disinfection of vessels. Enacted by the Governor-General in Council, these regulations amend the Quarantine (General) Regulations 1935 to introduce new methods for the destruction of vermin, including the use of dichloro-diphenyl-trichloroethane (D.D.T.), and to establish new fee structures for the fumigation of vessels using sulphur dioxide gas and hydro-cyanic acid gas. The policy objective behind these amendments is to ensure effective and up-to-date measures for the control and prevention of infestations, thereby protecting public health and preventing the spread of diseases through maritime channels.

Scope and Application

These Regulations under the Quarantine Act 1908-1947 primarily apply to vessels and the individuals, entities, or industries involved in maritime activities within Australian jurisdiction. They are intended to regulate the fumigation and disinfection of vessels to prevent the spread of vermin, pests, and diseases. The Regulations cover the application of specific methods such as the use of D.D.T. or other approved chemicals for the destruction of insects and vermin on vessels and prescribe fees for fumigation by sulphur dioxide gas and hydro-cyanic acid gas. These Regulations extend to all vessels entering Australian waters, regardless of origin, and apply to the fumigation of hold spaces, cabins, lazarets, and other enclosed spaces on these vessels. The fees for fumigation vary based on the size of the vessel's hold space and the type of fumigant used. Any amendments or additions to these Regulations can be made through subordinate instruments by the Director of Quarantine, ensuring the Regulations remain effective and adaptable to new circumstances or technological advancements.

Key Provisions

The primary operative sections of these Regulations under the Quarantine Act 1908-1947 include amendments to the Quarantine (General) Regulations 1935. Specifically, Regulation 24 is amended to add new methods for the destruction of insects or other vermin, such as cockroaches, bugs, lice, fleas, or similar pests (1). The permitted methods include thorough application of a solution, emulsion, or powder containing not less than five parts per centum of dichloro-diphenyl-trichloroethane (D.D.T.), or any other method approved by the Director of Quarantine. Regulation 53 is also amended to revise the fees for fumigation or disinfection of vessels, with fees varying based on the volume of the vessel's hold space and the type of fumigation agent used (2). These Regulations impose several obligations on parties or entities they govern. Firstly, they mandate that any application of solutions, emulsions, or powders for pest control must adhere to the specified concentration of D.D.T. or use approved methods. Secondly, they establish a tiered fee structure for fumigation services, dependent on the vessel's hold space and the type of fumigation agent. The fees are structured to cover fumigation by sulphur dioxide gas and hydro-cyanic acid gas, with additional provisions for fumigation of enclosed spaces such as cabins and crew quarters. Thirdly, the Director of Quarantine is empowered to set fees for any fumigation or disinfection methods not explicitly covered in the Regulations. Failure to comply with these Regulations may result in various penalties and consequences. While the document does not explicitly state offences or penalties, it is reasonable to infer that breaches of the stipulated methods for pest control or non-compliance with the fee structure could lead to enforcement actions under the Quarantine Act 1908-1947. These actions might include fines, sanctions, or other legal repercussions for entities or individuals failing to adhere to the Regulations.