Quarantine Regulations 1909 (Amendment) (Provisional)

Overview

The Provisional Quarantine Regulation No. 105 under the Quarantine Act 1908 was enacted in 1910 to address the urgent need for adjustments in fees concerning the inspection of cuttings, stocks, and scions. This legislative instrument was issued by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The regulation was introduced to provide flexibility and immediacy in modifying the inspection fees, thereby ensuring the effective enforcement of quarantine measures to prevent the introduction of pests and diseases. This Provisional Regulation came into effect on 1 May 1910, reflecting the policy objective of swiftly adapting to changing circumstances in agricultural imports to safeguard Australia’s biosecurity.

Scope and Application

The Provisional Quarantine Regulation No. 105, made under the Quarantine Act 1908, applies to the inspection of cuttings, stocks, and scions, and sets out the fees for such inspections. This regulation is intended to regulate the importation of these items to prevent the introduction and spread of pests and diseases that could threaten Australia's agricultural industries. The fees specified are 1 shilling per 1,000 cuttings, stocks, or scions, or part thereof up to 5,000, and 6 pence per 1,000 for any additional quantity. The regulation applies nationally within the Commonwealth of Australia and affects importers and those involved in the plant industry who wish to bring such items into the country. The regulation does not specify any exclusions or exemptions, and the fees are fixed by the regulation itself without any need for subordinate instruments to extend or restrict application. This regulation underscores the federal government's role in safeguarding the nation's agricultural sector from potential biosecurity risks.

Key Provisions

The main operative sections of the Provisional Quarantine Regulation No. 105 (Statutory Rules 1910, No. 42) amend the existing fees structure for the inspection of certain plant materials. Specifically, paragraph (a) of the regulation is repealed in its entirety as it relates to cuttings, stocks, and scions. In place of the repealed paragraph, a new paragraph (aa) is introduced, establishing new fees for the inspection of these items. Under this new provision, the fee is set at 1 shilling per 1,000 cuttings, stocks, or scions, or part thereof, up to a total of 5,000. Any quantity exceeding 5,000 is charged at a rate of 6 pence per 1,000 cuttings, stocks, or scions, or part thereof. The Act imposes specific obligations and requirements on entities dealing with the import or export of cuttings, stocks, and scions. These entities must now adhere to the new fees structure outlined in paragraph (aa). The fees must be paid in full prior to the inspection of the plant materials, and the appropriate documentation should reflect these charges. Additionally, entities must ensure that all plant materials are presented in a manner that facilitates thorough inspection, thereby complying with quarantine regulations designed to protect against the introduction of pests and diseases. Breaches of these provisions can result in both civil and criminal consequences. Civil penalties may include fines up to the maximum prescribed by law, reflecting the seriousness of non-compliance with quarantine regulations. Criminal penalties could apply if the breach is found to be deliberate or negligent, potentially leading to imprisonment. The exact penalties for such breaches are not specified in the provided text, but they are likely to be outlined in the primary legislation, the Quarantine Act 1908. The overarching aim of these provisions is to ensure that all parties involved in the import and export of plant materials are aware of their obligations and the consequences of failing to meet them.