Quarantine (Plants) Regulations (Amendment)

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STATUTORY RULES.

1953 . No. 4.

 

REGULATIONS UNDER THE QUARANTINE ACT 1908-1950.*

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 1908-1950.

Dated this seventeenth day of January, 1953.

N. M. STEPHEN

Governor-General.

By His Excellency’s Command,

SGD. EARLE PAGE

Minister of State for Health.

 

Amendments of the Quarantine (Plants) Regulations.†

Definitions.

1. Regulation 3 of the Quarantine (Plants) Regulations is amended—

(a) by omitting from sub-regulation (1.) the definitions of “goods”, “plant” and “quarantine officer”; and

(b) by omitting from the definition of “Chief Quarantine Officer” in that sub-regulation the word “imported”.

Fees for fumigation.

2. Regulation 7 of the Quarantine (Plants) Regulations is amended by inserting, before the word “plants” in sub-regulation (1.), the word “imported”.

3. Regulation 9 of the Quarantine (Plants) Regulations is repealed and the following regulation inserted in its stead:—

Conveyance to quarantine station.

“9. Where plants or goods have been ordered into quarantine, a quarantine officer may order the plants or goods to be conveyed to a quarantine station or to any other place, and thereupon the plants or goods shall be conveyed to the quarantine station or other place in such manner and by such means as a quarantine officer directs.”.

4. After regulation 27 of the Quarantine (Plants) Regulations the following regulation is inserted:—

Goods and plants infected with Siricidae (Wood wasps).

“27a.—(1.) Where goods are—

(a) subject to quarantine by reason of being infected with the quarantinable disease Siricidae (Wood wasps) or of having been in contact with or exposed to infection from that disease; or

 

* Notified in the Commonwealth Gazette on  , 1953.

† Statutory Rules 1935, No. 91, as amended by Statutory Rules 1936, No. 36; 1937, Nos. 30 and 116; 1939, Nos. 20 and 49; 1940, No. 43; 1948, Nos. 63 and 92; and 1950, Nos. 27 and 78.

5371.—Price 3d. 9/16.12.1952.


(b) ordered into quarantine by a quarantine officer by reason of being, or being likely to be, in his opinion, infected with the quarantinable disease Siricidae (Wood wasps) (being a disease affecting plants) or a source of infection with that disease,

a quarantine officer may direct the owner, or the person having the custody, of the goods, to treat the goods, or cause the goods to be treated, by fumigation or spraying, or by a heat process, for the purpose of destroying the disease in the goods.

“(2.) Where plants in a part of the Commonwealth in which the quarantinable disease Siricidae (Wood wasps) exists, being plants declared by Proclamation to be subject to quarantine, are ordered into quarantine, a quarantine officer may direct the owner, or the person having the custody, of the plants, to treat the plants, or cause the plants to be treated, by fumigation or spraying, or by a heat process, for the purpose of destroying the disease in the plants and, in the case of live plants, the quarantine officer may direct that the plants be cut or felled for the purpose of treatment.

“(3.) Where a quarantine officer, in pursuance of this regulation, directs that goods or plants be treated for the purpose of destroying the quarantinable disease Siricidae (Wood wasps) in the goods or plants and the goods or plants are not treated to his satisfaction, the quarantine officer may carry out that treatment, or cause the treatment to be carried out, to his satisfaction, at the expense of the owner of the goods or plants.”.

5. After regulation 34 of the Quarantine (Plants) Regulations the following regulations are inserted:—

Inspection of goods and plants.

“34a.—(1.) A quarantine officer may, at any time, enter any premises or place for the purpose of inspecting, and may inspect, any plants or goods which are, or, in his opinion, are likely to be, infected with a quarantinable disease.

“(2.) A person having the custody of plants or goods which are, or, in the opinion of a quarantine officer, are likely to be, infected with a quarantinable disease, shall make those plants or goods available for inspection by a quarantine officer at such time and in such manner as the officer directs.

“(3.) Where a quarantine officer inspects plants or goods under this regulation, the person having the custody of those plants or goods shall pay a fee in respect of that inspection in accordance with the Second Schedule.

Plants and goods ordered into quarantine not to be moved.

“34b. A person shall not, except in accordance with directions given by a quarantine officer, move, or suffer or permit to be moved, any plants or goods ordered into quarantine.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

Statutory Rules 1953 No. 4, under the Quarantine Act 1908-1950, were enacted by the Governor-General in Council to amend the Quarantine (Plants) Regulations, addressing the need for updated measures to manage plant quarantine and the spread of plant diseases, particularly the Siricidae (Wood wasps). The regulations were introduced to provide clearer definitions, fees for fumigation, and specific procedures for the conveyance and treatment of plants and goods suspected of being infected with quarantinable diseases. The policy objective of these amendments was to strengthen the management of plant quarantine to protect Australia's agricultural industries from invasive pests and diseases.

Scope and Application

The Quarantine (Plants) Regulations, enacted under the Quarantine Act 1908-1950, apply to the movement and treatment of plants and goods suspected of being infected with quarantinable diseases within the Commonwealth of Australia. These regulations govern the actions that quarantine officers can take, including ordering the conveyance of plants and goods to quarantine stations, directing treatment methods such as fumigation or heat processes to eradicate diseases like Siricidae (Wood wasps), and conducting inspections on premises to identify potential infections. The application of these regulations is nationwide, extending across all states and territories of Australia. The regulations provide clear directives for the handling of infected or potentially infected plants and goods, ensuring that they are either treated or quarantined to prevent the spread of diseases. Additionally, the regulations establish fees for inspections and mandate that plants and goods ordered into quarantine must not be moved without the explicit direction of a quarantine officer. These provisions underscore the comprehensive approach taken to enforce plant quarantine measures and protect Australia's agricultural and plant health sectors.

Key Provisions

The key provisions of these regulations, found under the Quarantine Act 1908-1950, amend the existing Quarantine (Plants) Regulations. Regulation 1 removes definitions for "goods," "plant," and "quarantine officer," and eliminates the term "imported" from the definition of "Chief Quarantine Officer." Regulation 2 inserts the term "imported" before "plants" in Regulation 7. Regulation 3 repeals Regulation 9 and replaces it with a provision that allows a quarantine officer to direct the conveyance of plants or goods ordered into quarantine to a quarantine station or another specified location. Regulation 4 introduces Regulation 27a, which mandates the treatment of goods infected with the quarantinable disease Siricidae (Wood wasps) or suspected of being infected. This includes fumigation, spraying, or heat processes to destroy the disease. The regulation also extends to plants in areas where the disease is present and subject to quarantine. Regulation 5 adds Regulation 34a, granting quarantine officers the authority to inspect any premises for plants or goods suspected of being infected with a quarantinable disease, and Regulation 34b, prohibiting the movement of quarantined plants or goods without a quarantine officer's approval. The obligations imposed by these regulations on parties or entities include compliance with the directives of quarantine officers concerning the conveyance, treatment, and inspection of plants or goods suspected of being infected with a quarantinable disease. Specifically, owners or custodians of such goods or plants must facilitate inspections and follow treatment directives issued by quarantine officers. They must also ensure that any ordered plants or goods are conveyed to the designated quarantine station or other specified locations as directed. Failure to comply with these directives can result in the quarantine officer carrying out the necessary treatment at the owner's expense. The regulations establish several consequences for non-compliance. For instance, under Regulation 27a, if the owner or custodian fails to treat goods or plants as directed, the quarantine officer may perform the treatment at the owner's expense. Regulation 34b explicitly prohibits the movement of quarantined goods or plants without a quarantine officer's approval, with potential civil or criminal penalties for violations. Although the specific penalties are not detailed within these regulations, breaches of the Quarantine Act 1908-1950 can typically result in significant fines and, in severe cases, imprisonment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.