Quarantine Regulations 1909 (Amendment) (Provisional)

Legislation au C1910L00093 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1910. No. 93.

 

 

PROVISIONAL REGULATIONS UNDER THE QUARANTINE ACT 1908.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Quarantine Act 1908, should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 24th day of September, One thousand nine hundred and ten.

DUDLEY,

Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR.

 

The Quarantine Regulations 1909 are amended as follows:—Regulations 44, 138, 139, and 140 are repealed, and the following Regulations are substituted therefor:—

138. The master or owner of any vessel in any port in Australia shall—

(1) effectively obstruct by means of stout wire netting or other means all openings or holes in the side of the vessel next to any wharf, and, when cargo is being discharged into lighters, also in the side next to the lighters, and shall keep them so obstructed while the vessel is alongside such wharf or lighter;

(2) affix an effective rat disc or screen not less than 1 foot or more than 3 feet from the side of the vessel to every rope or hawser connecting the vessel with any wharf or lighter;

(3) when so ordered by a quarantine officer thoroughly illuminate from sunset to sunrise with electric or other brilliant lights the whole of the side of the vessel next to the wharf, and remove the landing stages and all unnecessary nets and gangways between the vessel and any wharf for the whole of the same period unless cargo is being discharged; and

(4) take any other necessary and practicable measures to prevent the migration of rats to and from the vessel.

C.14074.—Price 3d.


139. The master or owner of any vessel in any port in Australia shall—

(1) thoroughly empty, or flush out and empty the bilges prior to berthing the vessel;

(2) keep all foodstuffs and food refuse in rat-proof and mouse-proof receptacles;

(3) prevent the discharge of any organic refuse, galley scraps and waste from the vessel on to the wharfs or into the waters of the port;

(4) maintain on board and use effective means for the destruction of rats and mice; and

(5) when so ordered by a quarantine officer lay on the vessel poison baits effective for rats and mice.

140. The master or owner of any vessel in my port In Australia shall, if so ordered by a quarantine officer—

(1) submit any part or the whole of the vessel to sulphur fumigation as prescribed or to some other approved method of fumigation. If so directed by the quarantine officer, the fumigation shall be carried out while the vessel is alongside a wharf or while the vessel is in stream, and either before or after the cargo has been discharged;

(2) wash or spray thoroughly with the prescribed insecticidal solution all portions of the vessel likely to harbor or to afford a shelter for fleas, lice, hugs, and other vermin;

(3) empty and flush or disinfect and clean all lavatories, water tanks, or any closed space on board the vessel:

Provided that in any case where there is reasonable cause to apprehend that the vessel may be endangered by the removal of water ballast, the quarantine officer may cause any tank or other receptacle to be sealed; and thenceforward, so long as the vessel remains within the port, the master shall prevent the breaking or removal of the seal or the discharge or removal from the tank or receptacle of any part of the water ballast except with the written permission of the quarantine officer;

(4) cause to be disinfected or fumigated any articles specified by the quarantine officer.

140 (a). The master or owner of any vessel on arrival at any port in Australia from a place proclaimed infected with plague or as a place from or through which plague may be carried shall—

(i) submit the vessel to fumigation and treatment as prescribed for the destruction of rats, mice, and other vermin:

Provided that the vessel may be exempted from fumigation if the master produce—

(a) a certificate showing that at the port of departure the vessel, while empty or after loading for the current voyage, was fumigated as prescribed; and

(b) a certificate or certificates showing that at the port of departure (if a proclaimed place) and at every proclaimed place subsequently called at, effective measures were taken to prevent the migration of rats to the vessel. The measures adopted shall be specified in the certificate.


The certificate or certificates in each case shall be signed by the Port Health Officer or local quarantine officer if the proclaimed place is within the British Dominions, or be indorsed by the British Consul if the proclaimed place is a foreign port or country:

Provided further that in the absence of such certificates the vessel may, if no plague infected rats or mice have been found on board, be exempted from fumigation at any port of call in Australia, excepting the terminal port;

(2) if so ordered by a quarantine officer discharge the cargo into lighters in stream.

140 (b). The following processes are prescribed:—

(1) For the destruction of rats and mice in closed spaces in vessels—thorough sulphur fumigation for at least eight hours with a gaseous mixture containing not less than three parts per centum of sulphur oxides. The fumigation shall wherever practicable be effected by passing sulphur fumes under pressure into the closed space, the continued air being at the same time partially exhausted;

(2) For the destruction of insects and other vermin in vessels—thorough application of an aqueous solution or emulsion of soft soap, cyllin and kerosene, containing of each one part per centum. The application must be made by means of a mop or scrubbing brush or similar appliance, or by forcibly spraying the mixture into all places infested with or suspected of being infested with fleas, lice, bugs or similar insects or vermin.

140 (c). For the purpose of these Regulations, “wharf” shall include any pier, stage, landing place, jetty, or similar structure at which a, vessel way lie.

 

 

The following Regulation is inserted after Regulation No. 142 :—

The working days and hours, and overtime rates for certain quarantine officers.

143. The working days and hours and rates of payment for overtime of quarantine officers engaged in disinfection and fumigation work and supervision shall be as follow:—

Days:—All days except Sundays and Public Holidays.

By special permission of the Minister, work may be allowed on any Sunday, or by special permission of the Chief Quarantine Officer may be allowed on any Public Holiday for such time and under such conditions as are approved.

Hours:—Any eight hours, or any periods aggregating eight hours daily (between sunrise and sunset) provided that the working hours shall not be less than 44 clear working hours per week.

On Saturdays work shall cease at noon.

The Chief Quarantine Officer may permit any quarantine officer to work before and after working hours on any working day.


When work is permitted before or after the working hours, or on any Sunday or holiday, the rate to be charged for the services of each officer employed shall be 1s. 6d. per hour or part thereof.

The overtime charges shall be calculated from the hour at which the officer is required to attend, and shall include charges at the same rate in respect of the time reasonably occupied in proceeding to and find returning from the wharf or other place where the attendance is required.

Where any officer is required to attend between 10 p.m. and 6 a.m., the rate prescribed shall be increased by one-half; provided that the total charge for any officer employed between 6 p.m. and 6 a.m. shall not exceed 15s.

The money received for overtime shall be held by the Department, and may be paid to the officers who have earned the same at the rate mentioned above.

 

By Authority: J. Kemp, Government Printer, Melbourne.

Overview

The Quarantine Regulations 1909 were introduced to address the urgent need for stringent measures to prevent the spread of diseases through maritime vessels entering Australian ports. Enacted under the authority of the Quarantine Act 1908, these regulations were designed to ensure that vessels arriving in Australian ports were free from pests and diseases that could pose a risk to public health and agriculture. The regulations mandate specific actions by the master or owner of any vessel, such as obstructing openings to prevent the migration of rats, implementing fumigation and disinfection measures, and ensuring that bilges are emptied and foodstuffs are stored in vermin-proof receptacles. The policy objective was to protect Australia from potential outbreaks of diseases, particularly those carried by vermin on ships, thereby safeguarding both human health and the nation's economy. The urgency of these regulations was acknowledged by the Governor-General, who signed them into immediate operation.

Scope and Application

The Provisional Regulations under the Quarantine Act 1908, as evidenced by Statutory Rules 1910 No. 93, pertain to the control and prevention of the spread of pests, particularly rats, mice, and other vermin, from vessels entering Australian ports. These regulations apply to the masters or owners of any vessel docked at any port in Australia, encompassing all vessels that berth at Australian ports and their respective masters or owners. The scope includes mandates on obstructing vessel openings, using rat screens, illumination, bilge emptying, food storage, organic refuse disposal, and vermin destruction methods. Additionally, vessels arriving from areas proclaimed infected with plague must undergo fumigation and treatment, subject to certain certificates and exemptions. The regulations also specify prescribed processes for fumigation and disinfection, and address the working conditions of quarantine officers. The jurisdictional reach of these regulations is nationwide, covering all ports within the Commonwealth of Australia. The regulations may be further extended or restricted through subordinate instruments, which allow for the adaptation and enforcement of quarantine measures in response to evolving health threats.

Key Provisions

The main operative sections of these provisional regulations under the Quarantine Act 1908 (C1910L00093) primarily focus on measures to prevent the spread of pests, particularly rats, and other vermin from vessels entering Australian ports. Section 138 mandates that the master or owner of any vessel must obstruct openings in the vessel's side to prevent rat migration, affix rat discs or screens to ropes or hawsers, illuminate the vessel side facing the wharf, and remove unnecessary landing stages and nets during specified hours. Section 139 requires the master or owner to empty or flush out the bilges, store foodstuffs in rat-proof receptacles, prevent organic refuse discharge, use rat and mouse destruction means, and lay poison baits if ordered by a quarantine officer. Section 140 outlines additional measures such as fumigation, insecticidal washing, disinfecting closed spaces, and disinfecting or fumigating specified articles when ordered by a quarantine officer. Special provisions for vessels arriving from plague-infected areas are included in section 140(a), which mandates fumigation and treatment unless certain certificates are produced. These provisions impose several obligations on the masters and owners of vessels entering Australian ports. They must ensure that the vessel's openings are effectively blocked to prevent rat migration, maintain the vessel's cleanliness and hygiene, and comply with fumigation, disinfection, and waste disposal requirements as directed by quarantine officers. The regulations also impose specific duties on quarantine officers, such as overseeing fumigation and disinfection processes and ensuring compliance with the prescribed methods and timings. The working hours and overtime rates for quarantine officers are also regulated, with special conditions for overtime and work on public holidays. The regulations establish serious consequences for non-compliance. Offences under the Quarantine Act 1908 can lead to various penalties, including fines and imprisonment. The specific penalties are not detailed in the regulations themselves but are outlined in the main Act. Violating the provisions related to pest control and fumigation can result in significant penalties, reflecting the importance of these measures in preventing the spread of diseases and pests within Australia. Failure to comply with the requirements for vessel disinfection and pest control can result in legal action and substantial penalties.

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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.