STATUTORY RULES.
1909. No. 146.
PROVISIONAL REGULATION UNDER THE QUARANTINE ACT 1908.
I, THE ADMINISTRATOR OF THE GOVERNMENT of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Quarantine Act 1908 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 21st day of December, One thousand nine hundred and nine.
CHELMSFORD,
Administrator.
By His Excellency’s Command,
R. W. BEST.
Minister of State for Trade and Customs.
The Quarantine Regulations 1909 are amended by inserting therein, after Regulation 126, the following Regulation:—
126a. Any imported goods found to be infested with a noxious insect or pest or fungus may, if in the opinion of the Chief Quarantine Officer such goods can be treated so as to destroy such insect pest or fungus without destruction or denaturation of the goods, be landed in quarantine and treated under the supervision of a quarantine officer, at a quarantine station or depôt or other place approved by the Chief Quarantine Officer.
Unless the Chief Quarantine Officer decides that the work shall be performed by the official staff at the cost of the importer, all cartage and labour in connexion with the treatment of such goods shall be provided by the importer. In addition to any other charges a fee not exceeding the sum of 2s. per hour or portion thereof shall be charged for supervision. Minimum fee, two shillings.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.16777—Price 3d.
Overview
The Quarantine Regulations 1909, enacted under the Quarantine Act 1908, address the issue of goods being imported into Australia that are infested with noxious insects, pests, or fungi. These regulations aim to mitigate the potential risks to the Australian environment and agriculture by ensuring that such goods can be treated in a controlled manner to eliminate the infestation without compromising the integrity of the goods themselves. The enactment was carried out by the Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, recognising the urgency of the matter. The policy objective behind these regulations is to facilitate the treatment of infested imported goods in a manner that safeguards Australia’s biosecurity while imposing reasonable costs on the importers for the treatment process.
Scope and Application
The Quarantine Regulations 1909, as amended by Statutory Rule 1909 No. 146, apply to any imported goods found to be infested with a noxious insect, pest, or fungus. These regulations are enacted under the Quarantine Act 1908 and are applicable nationally across the Commonwealth of Australia. The regulations provide that such infested goods may be landed in quarantine and treated at an approved location, provided the Chief Quarantine Officer deems it possible to eliminate the infestation without damaging the goods. Importers are generally responsible for the cartage and labour costs associated with the treatment, unless otherwise directed by the Chief Quarantine Officer, who may choose to use official staff at the importer's expense. Additionally, a fee is applicable for the supervision of the treatment, with a minimum charge of two shillings per hour. These regulations ensure that imported goods posing a biosecurity risk can be managed effectively to prevent the spread of pests and diseases within Australia.
Key Provisions
The main operative sections of this Provisional Regulation, which is an amendment to the Quarantine Regulations 1909, concern the treatment of imported goods found to be infested with noxious insects, pests, or fungi. Specifically, Regulation 126a states that such goods can be landed in quarantine and treated under the supervision of a quarantine officer if it is deemed that the treatment can be performed without destroying or denaturing the goods (126a). This treatment must occur at a quarantine station, depot, or other approved location as determined by the Chief Quarantine Officer. Furthermore, the importer is required to provide all necessary cartage and labour for the treatment unless the Chief Quarantine Officer decides to use official staff at the importer's expense (126a). Additionally, the importer must pay a fee for the supervision of the treatment, with a rate of no more than 2 shillings per hour or portion thereof, and a minimum fee of two shillings (126a).
The obligations imposed by this regulation primarily fall on the importer. They must ensure that any imported goods found to be infested are treated in accordance with the Chief Quarantine Officer's approval. This involves providing the necessary cartage and labour for the treatment unless the Chief Quarantine Officer opts to use official staff, in which case the importer will still bear the costs associated with the treatment. The importer is also required to pay a fee for the supervision of the treatment, which is capped at 2 shillings per hour or portion thereof, with a minimum fee of two shillings.
The regulation does not explicitly detail offences, penalties, or specific civil or criminal consequences for non-compliance. However, by virtue of the Quarantine Act 1908 under which this Provisional Regulation operates, any failure to comply with the requirements could potentially result in enforcement actions. These may include fines, imprisonment, or other penalties as prescribed by the Act or any other relevant legislation. The exact nature and severity of the penalties would depend on the specific circumstances and the discretion of the authorities enforcing the Quarantine Act 1908.