Quarantine (Plants) Regulations (Amendment)

Overview

The Quarantine (Plants) Regulations Amendment (No. 2) 1939 is a legislative instrument introduced under the authority of the Quarantine Act 1908-1924. Enacted by the Governor-General in Council, the primary objective of this amendment is to enhance the existing regulatory framework concerning the importation of plant products into Australia, specifically targeting the prevention of the introduction of the Cabbage Butterfly pest (Pieris rapae (L.)). This amendment introduces stricter certification requirements for vegetables originating from certain countries, necessitating detailed documentation from the country of origin to certify the absence of the pest and ensure the vegetables are packed in clean, new packages. The policy objective is to safeguard Australia's agricultural sector by preventing the entry and establishment of pests that could potentially devastate crops and affect food security.

Scope and Application

The Quarantine (Plants) Regulations, as amended by the Statutory Rules 1939 No. 20, apply to the importation of vegetables into Australia, specifically targeting those originating from any country. The amendment introduces a stringent certification requirement for vegetables to ensure they are free from the pest known as the Cabbage Butterfly (Pieris rapae (L.)). This regulation applies to a broad range of vegetables, including but not limited to borecole, broccoli, brussels sprouts, cabbage, cauliflower, and any other vegetable of the family Cruciferae, as well as lettuce. The regulation mandates that a certificate issued by a responsible officer of the Department of Agriculture in the country of origin must accompany the shipment, detailing the identification and quantity of the vegetables, and certifying that they were grown in the specified country, were inspected and found free from the pest, and were packed in clean, new packages. This regulation extends across the Commonwealth of Australia, reflecting the federal nature of quarantine laws in the country. The regulation does not explicitly state any exclusions or exemptions but implicitly excludes other plant species not listed under the definition of "vegetables". The scope and application of this regulation are further extended or restricted through subordinate instruments as necessary.

Key Provisions

The main operative sections of this legislative instrument are the amendments to Regulation 21 of the Quarantine (Plants) Regulations under the Quarantine Act 1908-1924. Specifically, sub-regulation (1) introduces a new requirement for a certificate to be provided for vegetables imported into Australia from any country. This certificate must be dated and signed by a responsible officer of the Department of Agriculture of the country of origin. It must identify the vegetables, state the quantity, and certify that they were grown in the country named, that the pest known as Cabbage Butterfly (Pieris rapae (L.)) does not exist in the part of the country in which they were grown, that they were, on inspection prior to shipment, found to be free from Pieris rapae (L.), and that they were packed in the country of origin in clean new packages. Sub-regulation (2) defines 'vegetables' for the purposes of this sub-regulation to include a variety of cruciferous vegetables and lettuce. The obligations and requirements imposed by this legislation on the parties involved are primarily administrative and documentation-based. Importers of vegetables must ensure that they obtain a certificate from the Department of Agriculture of the country of origin that meets the specified criteria. This includes the certification of the absence of the Cabbage Butterfly pest and the condition of the packaging. The certificate must accompany the shipment and be presented upon arrival in Australia for inspection. Breach of the requirements outlined in this legislative instrument could result in legal consequences. Although the specific penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with the provisions of the Quarantine Act 1908-1924 could lead to civil or criminal penalties under the Act. These penalties may include fines or other sanctions for importing goods that do not meet the necessary quarantine standards, potentially resulting in the seizure and destruction of the goods in question to prevent the spread of pests.