STATUTORY RULES.
1919. No. 85.
REGULATIONS UNDER THE QUARANTINE ACT 1908–1915.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Quarantine Act 1908–1915, to come into operation on the sixteenth day of April, 1919.
Dated this twelfth day of April, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
for Minister of State for Trade and Customs.
Quarantine (Influenza) Regulations (No. 3) 1919.
1. These Regulations may be cited as the Quarantine (Influenza) Regulations (No. 3) 1919.
2. No person shall travel from any part of the Commonwealth which is not within a quarantine area to any quarantine area unless—
(a) he has during the twenty-four hours immediately preceding his departure undergone a medical inspection by a Quarantine Officer or by a medical practitioner authorized for that purpose;
(b) he has within twenty-four hours before his departure made a declaration in writing in the following form, before a Quarantine Officer or an officer authorized for that purpose:—
Declaration.
Solemnly and sincerely believing the same to be true, I hereby declare that I have not been in contact with any case of influenza during the seven days immediately preceding this date.
Signature.........................
Signed in my presence this.................day of..............1919.
Officer..........................
(c) he has, within twenty-four hours before his departure but subsequently to the making of the declaration referred to in paragraph (b) of this regulation, received an official permit in writing in the following form from a Quarantine Officer or from an officer authorized for the purpose:—
Commonwealth of Australia.
Quarantine Service.
Permit.
Mr........................................
of..........................................
whose signature appears hereunder, is hereby permitted to travel from.........to together with the members of his family under the age of fifteen years, in accordance with the Regulations under which this permit is issued.
Dated the..................of......................, 1919.
............................
Quarantine Officer.
Signature of person to whom permit is issued—
……………………………..
(d) he has undergone such other medical inspection as may be required for the purpose of these Regulations by a Quarantine Officer.
3. No person having charge or custody of any other person shall permit such person to travel from any port or place in any part of the Commonwealth which is not within any quarantine area to any port or place in any quarantine area unless the provisions of the foregoing Regulations have been complied with in all respects by or on behalf of such person, and unless such person has been medically inspected as aforesaid.
4. Every person travelling—
(a) in any part of the Commonwealth which is not within any quarantine area to any quarantine area; or
(b) in any quarantine area from any such part of the Commonwealth,
shall, upon demand by a Quarantine Officer, or by an officer authorized for the purpose, produce the official permit granted to him in respect of the voyage or journey on which he is then engaged.
5. Every person who arrives at any port or place in a quarantine area from any port or place which is not within any quarantine area shall remain subject to quarantine and to quarantine surveillance, and shall be subject to the provisions of the Quarantine Regulations 1917 (Statutory Rules 1917, No. 112), or any amending regulation relating to quarantine surveillance.
6. Any person may be required by any officer appointed under the Quarantine Act to verify in writing any statement as to his liability to convey infection or as to his movements and past or prospective addresses.
7. Any person committing a breach of any of these Regulations shall be liable on summary conviction to a penalty not exceeding Fifty pounds.
8. Any person who in any declaration or answer made or given for the purposes of these Regulations makes any statement which is false in any particular shall be guilty of an offence.
Penalty: Fifty pounds.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Quarantine (Influenza) Regulations (No. 3) 1919 were enacted under the Quarantine Act 1908–1915 to address the urgent need for stringent measures to control the spread of influenza during the pandemic of 1919. These regulations were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and came into operation on the sixteenth day of April, 1919. The primary objective of these regulations was to prevent the movement of individuals from areas not under quarantine to those that were, thus mitigating the risk of influenza transmission. The policy objective was to ensure that individuals traveling to quarantine areas were medically inspected and declared free of contact with influenza cases, thereby protecting public health and preventing the further spread of the disease within quarantined regions.
Scope and Application
The Quarantine (Influenza) Regulations (No. 3) 1919 applies to any individual intending to travel from areas outside of a designated quarantine area to a quarantine area within the Commonwealth of Australia. This regulation mandates that before such travel, the individual must undergo a medical inspection by a Quarantine Officer or an authorized medical practitioner, submit a written declaration stating that they have not been in contact with any case of influenza in the preceding seven days, obtain an official permit from a Quarantine Officer, and comply with any additional medical inspections as required. These regulations also impose obligations on individuals in charge of others to ensure they meet these requirements. Furthermore, any person entering a quarantine area from outside such areas must produce their official permit upon request and remain subject to quarantine and surveillance, adhering to the Quarantine Regulations 1917. The regulation outlines penalties for non-compliance and making false declarations, with fines not exceeding fifty pounds. These regulations apply across the entire Commonwealth, extending the application of the Quarantine Act 1908–1915 to address the specific public health concerns of influenza at the time.
Key Provisions
The main operative sections of the Quarantine (Influenza) Regulations (No. 3) 1919 set out stringent requirements for travel from areas outside a quarantine zone to areas within it. Specifically, section 2 mandates that any person wishing to travel from a non-quarantine area to a quarantine area must undergo a medical inspection by a Quarantine Officer or an authorized medical practitioner within the preceding 24 hours. Additionally, the traveller must make a written declaration, attested by a Quarantine Officer, that they have had no contact with any case of influenza in the seven days prior to their travel. Furthermore, the traveller must receive an official permit from a Quarantine Officer, which allows them to travel along with family members under the age of fifteen, as per section 2(c). The permit must be produced upon demand by a Quarantine Officer or an authorized official, as outlined in section 4. Any person who fails to comply with these regulations is subject to the quarantine and surveillance provisions of the Quarantine Regulations 1917, as detailed in section 5.
These regulations impose several obligations on individuals and entities within their purview. Individuals who are in charge of others, such as guardians or employers, must ensure that those under their care comply with the travel restrictions and medical inspection requirements set forth in the regulations. This is emphasized in section 3, which stipulates that no person in charge of another shall permit the latter to travel from a non-quarantine area to a quarantine area unless all the aforementioned conditions are met. Furthermore, any individual may be required to verify in writing any statement regarding their potential to convey infection or their movements, as stated in section 6.
The Quarantine (Influenza) Regulations (No. 3) 1919 also establish penalties for breaches of the regulations and for making false statements. Section 7 provides that any person who commits a breach of these regulations is liable to a penalty not exceeding fifty pounds on summary conviction. Additionally, section 8 imposes a penalty of fifty pounds for any person who knowingly makes a false statement in any declaration or answer made for the purposes of these regulations. These penalties serve as deterrents against non-compliance and ensure that the regulations are enforced effectively.