EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 27
QUARANTINE (PLANTS) REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Health
Section 87 of the Quarantine Act 1908 provides, amongst other things, that the Governor-General may make regulations prescribing the fees payable in respect of quarantine services and by whom those fees are payable. In addition, sub-section 64(1) of the Act provides, amongst other things, that the expenses connected with the examination of any plants or goods, and of their conveyance to a quarantine station, and of their detention, maintenance and treatment in quarantine or under quarantine surveillance shall be paid to the Commonwealth by the importer or owner of the plants or goods.
Sub-regulation 6(1) of the existing Quarantine (Plants) Regulations provides that a fee for a plant quarantine service shall be as specified in Schedule 2. Regulation 6 further provides for the charging of a number of additional fees in respect of certain plant quarantine services and the payment of a standard annual fee by importers.
The proposed Statutory Rules would repeal Schedule 2 and replace it with a new schedule of fees. The new Schedule would provide for increased fees together with a restructuring of a number of the items to reflect current importation procedures. The Schedule also includes three new items to provide for the cleaning of motor vehicles and other equipment (Item No. 15), the supervision of the cleaning of goods or other equipment (Item No. 20) and the lodgement of a form approved by the Director in accordance with regulation 4 (Item No. 24). Items 4 and 5 and 9 and 10 in the existing schedule were amalgamated to make Items 4 and 8.
The fees have been increased in accordance with Governmental policy to recover those costs directly connected with the quarantine plant services. Departmental investigations have revealed that these costs account for approximately two-thirds of the total plant quarantine administrative expenditure and the new fees have been structured accordingly.
A transitional provision has been incorporated into the amendments providing that these regulations do not apply in relation to a consignment of goods already ordered by the importer, or goods which are in transit to Australia, before the commencement of these
regulations. The amendments to the regulations are expressed to come into effect on 1 March 1984.
Overview
The Quarantine (Plants) Regulations (Amendment) Statutory Rules 1984 No. 27, enacted by the authority of the Minister for Health, were introduced to address the need for updated and structured fees to reflect the current importation procedures and to align with governmental policy on cost recovery for plant quarantine services. Under Section 87 of the Quarantine Act 1908, the regulations amend the fees payable for various plant quarantine services, ensuring they more accurately reflect the costs associated with these services, which constitute approximately two-thirds of the total plant quarantine administrative expenditure. The policy objective of these amendments is to ensure that the fees adequately cover the expenses incurred in examining, transporting, and detaining plants and goods under quarantine, as stipulated in the Quarantine Act. The amendments also introduce new fee items to cover additional services such as the cleaning of motor vehicles and equipment and the supervision of such cleaning activities. These regulations came into effect on 1 March 1984, with a transitional provision exempting consignments already ordered or in transit prior to this date.
Scope and Application
The Quarantine (Plants) Regulations (Amendment) Statutory Rules 1984 No. 27, issued under the authority of the Minister for Health and based on sections 87 and 64(1) of the Quarantine Act 1908, pertain to the fees payable for quarantine services related to plants and goods entering Australia. These regulations apply to importers and owners of plants and goods who are responsible for covering the costs associated with the examination, conveyance, and quarantine of their consignments. The amendments primarily affect the fees outlined in the regulations, updating them to reflect current import procedures and cost structures. This adjustment aims to align the fees with the actual expenses incurred by the Commonwealth for plant quarantine services, which constitute a significant portion of the total administrative expenditure in this area. The new fee schedule includes three additional items for services such as the cleaning of motor vehicles, supervision of cleaning, and form lodgement, and it combines certain existing items to streamline the fee structure. The regulations come into effect on 1 March 1984, with a transitional provision ensuring they do not apply to consignments already ordered or in transit before this date.
Key Provisions
The main operative sections of the Quarantine (Plants) Regulations (Amendment) Statutory Rules 1984 No. 27 (the "Regulations") are those that amend the existing Schedule 2, which specifies the fees for plant quarantine services. Section 6(1) of the Quarantine (Plants) Regulations currently outlines the fees for various plant quarantine services, and these are being replaced by a new schedule in the Regulations. The new schedule will include higher fees and restructured items to reflect current importation procedures. Additionally, three new items are introduced to cover the cleaning of motor vehicles and other equipment, the supervision of the cleaning of goods or other equipment, and the lodgement of a form approved by the Director.
The Regulations impose specific obligations on parties involved in the importation of plants and goods. Importers and owners of plants or goods are required to pay the fees outlined in the new Schedule 2 for the various plant quarantine services. This includes paying for the examination, conveyance, detention, maintenance, and treatment of plants or goods under quarantine. The Regulations also stipulate that fees are to be paid to the Commonwealth for these services. The transitional provision ensures that the new fees do not apply to consignments already ordered or in transit before the commencement of the Regulations.
The Regulations include provisions for penalties and consequences in the event of non-compliance. While the Explanatory Statement does not detail specific offences or penalties, it is implied that failure to pay the prescribed fees as outlined in the new Schedule 2 could result in legal consequences. Such consequences might include fines or other penalties as determined by the relevant authorities under the Quarantine Act 1908. The exact penalties would need to be referenced within the broader legislative framework provided by the Quarantine Act.
Given the comprehensive nature of the Quarantine Act, the penalties for non-compliance could potentially include both civil and criminal sanctions. Civil penalties may involve financial penalties or other administrative actions, while criminal penalties could involve fines or imprisonment, depending on the severity and intent of the breach. The specific maximum penalties would be detailed in the Quarantine Act, but the intent of the Regulations is to ensure that all parties adhere to the payment of fees for plant quarantine services as stipulated.