Quarantine (Plants) Regulations (Amendment)

Legislation au C2004L01836 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1950. No. 27.

 

REGULATIONS UNDER THE QUARANTINE ACT 1908-1947.*

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 1908-1947.

Dated this fourteenth day of June, 1950.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Health.

 

Amendments of the Quarantine (Plants) Regulations.†

Certificates, permits, &c.

1. Regulation 21 of the Quarantine (Plants) Regulations is amended—

(a) by omitting paragraph C;

(b) by omitting from the definition of “ seed ” in sub-paragraph (1.) of paragraph F the word “ or ” (fourth occurring); and

(c) by adding at the end of that definition the words—

“ (f) the genus Sorghum (including grain sorghums, sweet sorghums, broom millets, Sudan grass and related plants) ;

(g) the species Lycopersicum esculenlum Mill. (tomato) ;

(h) the genus Phaseolus (including cultivated beans such as French, kidney, stringless, navy, butter, haricot, lima and climbing beans) ;

(i) the genus Avena (including all varieties and types of cultivated oats) ;

(k) the genus Hordeum (including all varieties and types of cultivated barley) ;

(l) the species Secale cereale L. (including all varieties and types of cultivated rye) ; or

(m) the genus Triticum (including all varieties and types of cultivated wheat).”.

 

* Notified in the Commonwealth Gazette on , 1950.

† 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; and 1948, Nos. 68 and 92.

2276.—Price 3d. 14/12.5.1950.


2. After regulation 21 of the Quarantine (Plants) Regulations the following regulations are inserted :—

Permits, conditions and restrictions relating to Avocados.

“ 21a.(1.) In this regulation ‘ bud wood, scions or seeds ’ means the bud wood, scions or seeds of the species Persea gratissima Gaertn. (Avocado).

“ (2.) An application to the Director for a permit to import into Australia bud wood, scions or seeds shall be in writing and signed by the proposed importer.

“ (3.) The proposed importer shall forward the application through the Chief Quarantine Officer in the State in which the bud wood, scions or seeds are to be sown or used for budding and the Chief Quarantine Officer shall endorse on the application such recommendation as he thinks fit.

“ (4.) Where bud wood, scions, or seeds are ordered into quarantine under section 54 of the Act, the bud wood, scions or seeds shall be detained in quarantine for a period of three years unless the Director certifies in writing, before the expiration of that period, that the plants are free from disease.

Permits, conditions and restrictions relating to plants capable of being infected with Narcissus Fly.

“ 21b.(1.) In this regulation—

‘ Narcissus fly’ includes a fly of the type known as Merodon equestris Fab., Eumerus slrigatus Fallen or Eumerus tuberculatus Rond.;

‘plants’ means plants or any parts of plants of the following genera :—

(a) Amaryllis ;

(b) Cooperia ;

(c) Cyrtanthus ;

(d) Galanthus ;

(e) Gallonia ;

(f) Habranthus ;

(g) Hymenocallis ;

(h) Hyacinthus ;

(i) Iris ;

(j) Leucojum ;

(k) Lilium ;

(l) Narcissus ;

(m) Pancratium ;

(n) Scilla ;

(o) Tulipa ;

(p) Vallota ;

(q) Zephyranthes ;

‘ qualified authority ’ means a person who, in the opinion of the Director, is duly qualified to certify to the matters in relation to which the expression is used.

“ (2.) A person shall not import into Australia any plants unless—

(a) the plants have been grown in a country or area free from all types of Narcissus fly, or, before exportation to Australia, have been fumigated or subjected to heat treatment; and


(b) the plants have, on examination immediately prior to exportation to Australia, been certified by a qualified authority to be free from diseases caused by fungi, bacteria, viruses and nematodes.

“ (3.) For the purposes of this regulation, plants shall be deemed to have been fumigated or subjected to heat treatment if—

(a) they have been fumigated with methyl bromide at the treatment schedule the equivalent of three pounds of methyl bromide for each 1,000 cubic feet of capacity for a period of four hours at a temperature of 70 degrees Fahrenheit;

(b) they have been fumigated with hydrocyanic acid at a gas concentration the equivalent of eighteen ounces of hydrocyanic gas for each 1,000 cubic feet of capacity for a period of twenty-four hours at a temperature of between 60 degrees Fahrenheit and 65 degrees Fahrenheit; or

(c) they have been subjected to hot-water or vapour-heat treatment in which the plants, after a preliminary heating process, are maintained for a period of not less than one and one-half hours at a temperature of 110 degrees Fahrenheit,

and the fumigation or treatment has been carried out under the supervision of qualified persons and the plants have been so distributed whilst being fumigated or treated that the gas or boat readies each plant receiving treatment.

“ (4.) An application for a permit to import plants into Australia shall be made in writing to the Director and shall be accompanied by certificates issued by a responsible officer of the Department of Agriculture or other appropriate Department of the Government of, or a qualified authority in, the country from which the plants are exported certifying that the plants have been grown, fumigated or treated, as the case may be, and have been examined in accordance with the conditions specified in sub-regulations (2.) and (3.) of this regulation.

Permits, conditions and restrictions relating to grape vines.

“ 21c.—(1.) In this regulation ‘ plants ’ means plants or any parts of plants of the species Vitis.

“ (2.) An application to the Director for a permit to import plants into Australia shall be in writing, signed by the proposed importer, and shall specify the variety, quantity, nature and source of supply of plants in respect of which the application is made, the reason for the importation of the plants, the method of transport by which the plants are to be imported into Australia and the date upon which it is estimated that the plants will arrive in Australia.

“ (3.) Where the plants are to be grown in a State, the application shall be forwarded to the Director through the Chief Quarantine Officer for that State who shall endorse on the application such recommendation as he thinks fit.

“ (4.) Where any plants are ordered into quarantine under section 54 of the Act, the plants shall be detained in quarantine for a period of five years unless the Director certifies in writing, before the expiration of that period, that the plants are free from disease.


“ (5.) An officer or an officer of Customs may destroy any plants imported into Australia otherwise than in accordance with a permit or in contravention of these Regulations.

Permits, conditions and restrictions relating to potatoes.

“ 21d.—(1.) In this regulation—

‘ authority ’ moans the Commonwealth Scientific and Industrial Research Organization, a Department of Agriculture of a State, or a research, institution approved, for the purposes of this regulation, by the Director;

‘ potatoes ’ means the tubers or parts of potatoes containing eyes or viable vegetative parts.

“(2.) Potatoes shall not be imported into Australia unless—

(a) they were grown in an area which is free from—

(i) the disease known as ‘ Black Wart ’ caused by Synchytrium endobioticum (Schilb.) Pere.;

(ii) the disease known as ‘ Ring Rot ’ caused by Corynebacterium sepedonicum (S. & K.) Skaptason & Burkh.; and

(iii) the ‘ Colorado Potato Beetle ’ –Leptinotarsa decemlincata (Say) ;

(b) they were grown on plants believed to be free from viruses other than Virus X;

(e) they were, immediately prior to exportation, individually examined and found to be sound, healthy, and free from soil and insects; and

(d) they are packed in clean new packages.

“ (3.) An authority may make written application to the Director for a permit to import potatoes into Australia.

“ (4.) An application for a permit to import potatoes into Australia shall be accompanied by a certificate, signed by a responsible officer of the Department of Agriculture or other Department or institution considered appropriate by the Director in the country from which the potatoes are exported, identifying the potatoes, stating the quantity and certifying that the potatoes comply with the conditions specified in sub-regulation (2.) of this regulation.

“ (5.) All bags, crates or other packages in which potatoes are imported into Australia shall be marked on the outside with the name of the country of origin and with such other marks as are necessary to identify the potatoes with the potatoes specified in the certificate furnished in accordance with sub-regulation (4.) of this regulation.

“ (6.) Where potatoes are ordered into quarantine under section 54 of the Act, the potatoes shall be detained in quarantine for two vegetative generations.”.

 

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

Overview

The Statutory Rules 1950, No. 27, titled "Regulations Under the Quarantine Act 1908-1947," was enacted to amend the Quarantine (Plants) Regulations and introduce stringent measures for the importation of specific plants into Australia. The objective of these regulations is to prevent the introduction of plant diseases and pests that could harm Australian agriculture. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, the regulations specifically address the problem of plant diseases and pests entering the country through imported plants. This legislative instrument introduces detailed conditions and permits for the importation of plants, such as avocados, grape vines, potatoes, and plants susceptible to the Narcissus fly. The regulations require permits for importation, specify quarantine periods, and mandate treatment or certification to ensure that imported plants are free from diseases and pests.

Scope and Application

The Quarantine (Plants) Regulations under the Quarantine Act 1908-1947 apply to any person or entity wishing to import specified plant materials into Australia, including bud wood, scions, seeds, and plants of various genera, particularly those susceptible to diseases and pests such as the Narcissus fly. These regulations govern the conditions and restrictions that must be adhered to for the importation of such plant materials, ensuring they are free from diseases and pests before entry into Australia. The application process requires written permits and endorsements from relevant authorities, and the importation must comply with specified quarantine periods and treatment protocols. The regulations cover a wide range of plant species and apply across all states and territories of Australia, ensuring a uniform approach to plant quarantine measures. The regulations do not explicitly state any exclusions but focus on specific plant materials that require strict compliance with quarantine protocols to prevent the introduction of diseases and pests. The application and enforcement of these regulations may be extended through subordinate instruments, allowing for further detailed specifications and amendments as necessary.

Key Provisions

The Regulations under the Quarantine Act 1908-1947, specifically the Quarantine (Plants) Regulations, have been amended to include new definitions and conditions for the import of certain plant species. Regulation 21 has been altered to include additional plant genera and species, such as Sorghum, Lycopersicum, Phaseolus, Avena, Hordeum, Secale, and Triticum, thereby expanding the scope of regulated plants. The new regulations also introduce specific requirements for the import of bud wood, scions, or seeds of the Persea gratissima Gaertn. (Avocado) under Regulation 21a, which mandates written applications for permits to the Director, with endorsements from the Chief Quarantine Officer, and require the plants to be detained in quarantine for three years unless certified disease-free by the Director. The obligations imposed by these Regulations include the necessity for written applications for permits to import specific plant species, endorsements by the Chief Quarantine Officer, and adherence to the specified quarantine periods. For example, applicants must ensure that plants, such as Avocados or grape vines, comply with the fumigation or heat treatment standards and that they provide appropriate certification from qualified authorities. In the case of potatoes, applicants must also ensure that the plants are grown in areas free from specific diseases, individually examined, and packed in clean packages, with all import packages clearly marked with the country of origin and other identification marks. Violation of these Regulations can result in significant consequences. For instance, importing plants without the requisite permits or failing to comply with the quarantine conditions can lead to the destruction of the plants by an officer or a Customs officer. Additionally, any import that does not meet the specified conditions, such as the absence of required certifications or failure to adhere to quarantine periods, can be considered a breach of the Regulations, potentially resulting in fines or other penalties as stipulated under the Quarantine Act. The specific penalties for breaches are not detailed within the Regulations but would typically be governed by the overarching provisions of the Quarantine Act, which could include substantial fines and possible criminal charges for serious or repeated violations.

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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.