EXPLANATORY STATEMENT
STATUTORY RULES 1932 NO.178
QUARANTINE ACT 1908
QUARANTINE (PLANTS) REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Health
Sub-section 87(1) of the Quarantine Act 1908 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.
The Attorney-General’s Department is undertaking a program of reprinting all Statutory Rules. Before any particular set of Statutory Rules is reprinted it is desirable to make necessary drafting and updating amendments of a procedural nature. Such amendments do not involve any policy considerations. The amendments are concerned with:
metric conversion of certain weights and measures;
• repeal of unnecessary matter;
• correction of errors and the making of other changes of a formal nature.
The Statutory Rules make a number of such amendments to the Quarantine (Plants) Regulations.
Overview
The Quarantine (Plants) Regulations (Amendment) 1932, issued under the authority of the Minister for Health, serves to amend the Quarantine (Plants) Regulations made under the Quarantine Act 1908. This Statutory Rules amendment primarily addresses procedural updates to existing regulations, such as metric conversions of certain weights and measures, the repeal of outdated or redundant provisions, and the correction of formal errors. These amendments aim to ensure that the regulations remain clear, concise, and aligned with contemporary legislative drafting standards. The Quarantine Act 1908 itself was enacted to regulate the importation of plants and plant products into Australia, aiming to prevent the introduction of pests and diseases that could harm the nation’s agriculture and environment. The policy objective of these amendments is to maintain the effectiveness and relevance of the regulations without altering the underlying policy intent of the Act.
Scope and Application
The Quarantine (Plants) Regulations (Amendment) Statutory Rules 1932 No. 178 amends the Quarantine (Plants) Regulations under the Quarantine Act 1908 to incorporate necessary drafting, updating, and formal changes. These amendments do not alter the policy framework of the original Act but are aimed at ensuring the regulations remain effective and accurate in their application. The regulations apply to all entities and persons involved in the import, export, and interstate movement of plants, including individuals, businesses, and government agencies, ensuring compliance with national quarantine requirements to prevent the spread of pests and diseases. The amendments cover metric conversion of weights and measures, repeal of redundant provisions, and correction of errors, ensuring that the regulations are up-to-date and easy to interpret. The scope of the Act extends nationally, impacting all states and territories within Australia, thereby maintaining a unified approach to plant quarantine across the country. The amendments do not introduce any exclusions or exemptions but ensure the regulations remain comprehensive and aligned with current standards and practices.
Key Provisions
The main operative sections of the Quarantine (Plants) Regulations (Amendment) Statutory Rules 1932 No. 178 provide for several key amendments to the existing Quarantine (Plants) Regulations. These amendments include the metric conversion of certain weights and measures (section 1), the repeal of unnecessary matter (section 2), and the correction of errors and formal changes (section 3). These amendments are intended to update the regulations to reflect modern standards and practices, ensuring that the Quarantine Act 1908 continues to operate effectively.
These amendments impose specific obligations on the parties and entities governed by the Quarantine (Plants) Regulations. For instance, the metric conversion of weights and measures (section 1) requires all regulated entities to use metric units in any documentation or communication related to plant quarantine. This change ensures consistency and clarity in the application of the regulations. The repeal of unnecessary matter (section 2) simplifies the regulations by removing outdated or redundant provisions, making the regulations more accessible and easier to navigate. Finally, the correction of errors and formal changes (section 3) ensures that the regulations are accurate and reflect the current legislative intent.
Failure to comply with the amended Quarantine (Plants) Regulations could result in various consequences. While the Explanatory Statement does not detail specific offences or penalties, breaches of the Quarantine Act 1908 generally may lead to civil or criminal penalties, depending on the nature and severity of the breach. For instance, under section 11 of the Quarantine Act 1908, a person found guilty of an offence may be subject to fines and imprisonment. The maximum penalties can vary significantly, depending on the specific provision breached and the circumstances of the case. It is important for regulated entities to familiarise themselves with the amended regulations to avoid potential penalties.
In summary, the Quarantine (Plants) Regulations (Amendment) Statutory Rules 1932 No. 178 introduce significant updates to the existing regulations, primarily through metric conversion, the repeal of unnecessary matter, and the correction of errors. These changes impose clear obligations on regulated entities to ensure compliance with the modernised regulations. While specific penalties for non-compliance are not detailed in the Explanatory Statement, regulated entities should be aware that breaches of the Quarantine Act 1908 can result in substantial civil or criminal consequences.