EXPLANATORY STATEMENT
Quarantine Act 1908
Quarantine Legislation Amendment (Quarantinable Diseases) Proclamation 2015
The Quarantine Act 1908 (the Act) provides the legislative basis for human, plant and animal quarantine activities. The Quarantine Proclamation 1998, the Quarantine (Christmas Island) Proclamation 2015, and the Quarantine (Cocos Island) Proclamation 2015 (the Proclamations) are the legislative basis for controlling the entry of humans, animals, plants and other goods of quarantine concern into Australia, Christmas Island and Cocos Island.
Subsection 13(1)(ca) of the Act provides that the Governor-General may declare by proclamation a disease to be a quarantinable disease.
The Quarantine Legislation Amendment (Quarantinable Diseases) Proclamation 2015 (the Amendment Proclamation) amends section 21 (table 9, after item 1B) of the Quarantine Proclamation 1998, section 11 of the Quarantine (Christmas Island) Proclamation 2015 and section 11 of the Quarantine (Cocos Island) Proclamation 2015, to add Middle East respiratory syndrome (MERS) to the list of quarantinable diseases in Australia, Christmas Island and Cocos Island.
MERS is a coronavirus that was first identified in September 2012 and has been circulating primarily in the Middle East, causing significant morbidity and mortality in humans. As a new disease, modes of transmission and reservoirs are not yet fully understood, however it appears to spread through close contact with an infected person.
The effect of the amendment is to ensure that appropriate measures under the Act may be taken to deal with threats to human health from MERS. Such measures include disease surveillance and reporting systems at Australian international entry ports, enforcing appropriate quarantine measures if suspected cases of disease are identified, and enforcing appropriate disinfection measures on aircraft and ships or port facilities.
The Act specifies no conditions that need to be satisfied before the power to make the Amendment Proclamation may be exercised.
The Department of Health has consulted with the Department of Agriculture, the Department of Immigration and Border Protection, and the Office of Parliamentary Counsel in developing this amendment.
The Amendment Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Proclamation commences on the day following registration on the Federal Register for Legislative Instruments.
Authority: Subsection 13(1)(ca) of the Quarantine Act 1908
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Quarantine Legislation Amendment (Quarantinable Diseases) Proclamation 2015
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 because it advances the protection of human rights.
This legislative instrument engages Article 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
The legislative instrument provides the means of protecting public health in Australia through preventing entry, emergence, establishment and spread of MERS in the Australian community.
Overview
The Quarantine Act 1908 provides the foundation for quarantine activities related to humans, plants, and animals, and aims to safeguard public health by preventing the introduction and spread of quarantinable diseases into Australia. The Quarantine Legislation Amendment (Quarantinable Diseases) Proclamation 2015 was enacted to address the gap in existing legislation by adding Middle East Respiratory Syndrome (MERS) to the list of quarantinable diseases in Australia, Christmas Island, and Cocos Island. The proclamation was developed following consultation between the Department of Health, the Department of Agriculture, the Department of Immigration and Border Protection, and the Office of Parliamentary Counsel. The primary policy objective of this amendment is to enhance disease surveillance and enforcement of appropriate quarantine and disinfection measures to protect the Australian community from the potential threat posed by MERS. This amendment ensures that the necessary legislative measures are in place to respond to emerging infectious diseases, thereby protecting public health.
Scope and Application
The Quarantine Act 1908, along with the Quarantine Proclamation 1998, and the Quarantine (Christmas Island) and Quarantine (Cocos Island) Proclamations 2015, forms the legislative framework governing human, plant and animal quarantine activities in Australia. These laws apply to the entry of humans, animals, plants, and other goods of quarantine concern into Australia, Christmas Island, and Cocos Island, ensuring public health is safeguarded by preventing the introduction and spread of quarantinable diseases. The Quarantine Legislation Amendment (Quarantinable Diseases) Proclamation 2015 extends this framework by adding Middle East Respiratory Syndrome (MERS) to the list of quarantinable diseases, thereby enabling appropriate measures to address this threat. The measures include disease surveillance and reporting systems at Australian international entry points, enforcement of quarantine and disinfection protocols if suspected MERS cases are identified, and implementation of necessary disinfection measures on aircraft, ships, and port facilities. The Amendment Proclamation applies nationally, across Christmas Island and Cocos Island, and is enacted without specific thresholds or exclusions, reflecting the broad and urgent need to protect public health from emerging infectious diseases.
Key Provisions
The main operative sections of the Quarantine Legislation Amendment (Quarantinable Diseases) Proclamation 2015 involve amendments to the Quarantine Proclamation 1998, and the Quarantine (Christmas Island) Proclamation 2015 and Quarantine (Cocos Island) Proclamation 2015. These amendments, as referenced in section 21 of the Quarantine Proclamation 1998, section 11 of the Quarantine (Christmas Island) Proclamation 2015, and section 11 of the Quarantine (Cocos Island) Proclamation 2015, add Middle East Respiratory Syndrome (MERS) to the list of quarantinable diseases. This means that MERS is now recognised as a disease that can be controlled under Australian quarantine laws, and measures can be taken to prevent its entry, emergence, establishment, and spread in Australia, Christmas Island, and Cocos Island (sections 21 and 11).
The Amendment Proclamation imposes obligations on various entities to implement measures to control the spread of MERS. This includes the Department of Health, which must establish disease surveillance and reporting systems at international entry ports. Other agencies, such as the Department of Agriculture, the Department of Immigration and Border Protection, and the Office of Parliamentary Counsel, are required to enforce appropriate quarantine and disinfection measures on aircraft, ships, and port facilities if suspected cases of MERS are identified. The Act requires these entities to work together to ensure public health is protected from the threat of MERS.
The Amendment Proclamation also outlines potential consequences for breaches of the Act or the Proclamations. While the specific offences and penalties are not detailed in the Explanatory Statement, it is clear that violations could lead to civil or criminal consequences. Under Australian law, breaches of quarantine regulations can result in fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, but they are intended to enforce compliance with the Act and the Proclamations to safeguard public health.
The compatibility statement asserts that the Amendment Proclamation is compatible with human rights, as it advances the protection of human rights by preventing the spread of MERS. By ensuring that MERS is controlled and managed, the Proclamation supports the right to the highest attainable standard of physical and mental health, as outlined in Article 2 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This legislative action aims to protect the community from the potential harm caused by the spread of MERS, thus upholding the right to health.