Quarantine Regulations 1909 (Amendment) (Provisional)

Overview

The Provisional Regulation under the Quarantine Act 1908, enacted as Statutory Rules 1910 No. 56, was introduced to address the immediate need for more stringent measures in the handling and treatment of imported goods such as hides, skins, wool, hair, bones, and animal manure. This regulation was certified by the Governor-General, acting on the advice of the Federal Executive Council, due to the urgency of the situation. The regulation requires importers to provide necessary cartage labour and materials for the removal and treatment of these goods as prescribed or directed, or to cover the associated costs. Additionally, the regulation stipulates a charge of up to two shillings per hour for supervision, ensuring that the procedures are carried out effectively and efficiently. This amendment aimed to bolster the existing Quarantine Regulations 1909 by adding specific provisions to manage and mitigate potential health risks posed by imported materials.

Scope and Application

The Provisional Regulation under the Quarantine Act 1908 applies specifically to importers who are required to provide all necessary cartage labour and materials when directed by a Quarantine Officer. This requirement extends to the removal and treatment of various animal-derived products such as hides, skins, wool, hair, bones, or animal manure, as may be prescribed or directed under the preceding regulations. The importer also incurs a charge for supervision, capped at two shillings per hour. This regulation is geographically and jurisdictionally comprehensive, applying across the Commonwealth of Australia, as it is enacted under the authority of the Commonwealth Government. While the specific exclusions and exemptions are not detailed in this particular regulation, it is part of a broader set of Quarantine Regulations that might contain additional provisions governing exceptions and thresholds. The application of these regulations can be further extended or restricted through subordinate instruments, allowing for the regulation to adapt to new circumstances or requirements as they arise.

Key Provisions

The main operative sections of the Provisional Regulation under the Quarantine Act 1908, as detailed in Statutory Rules 1910 No. 56, introduce a new requirement for importers (Regulation 100a). Specifically, if directed by a Quarantine Officer, importers must provide all necessary cartage labour and material for the removal and treatment of certain goods, including hides, skins, wool, hair, bones, or animal manure. Alternatively, importers may be required to pay all associated costs for these activities. Additionally, the importer is to pay a charge of up to two shillings per hour for supervision during these processes. The regulation imposes several obligations on the parties it governs. Importers, in particular, are mandated to comply with directives from Quarantine Officers regarding the provision of labour, materials, and financial resources for the removal and treatment of specified goods. This includes adhering to any prescribed treatments or directives related to quarantine measures. Furthermore, if the importer chooses not to provide the required labour and materials, they must be prepared to cover the costs associated with the removal and treatment of the goods, as well as the supervisory fees. Violation of the provisions outlined in the Provisional Regulation can result in various consequences. Although the specific offences, penalties, or civil and criminal consequences are not detailed in the legislation, it is implicit that failure to comply with the directives of a Quarantine Officer or to meet the financial obligations could lead to enforcement actions under the Quarantine Act 1908. Given the context of the regulation and the potential public health implications, non-compliance could result in significant penalties, including fines and other legal repercussions. The exact penalties would depend on the interpretation and enforcement actions taken by relevant authorities.