STATUTORY RULES.
1912. No. 185.
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 operation forthwith as Provisional Regulations.
Dated this 11th day of September, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
Regulation No. 85 of the Quarantine Regulations 1911 (Statutory Rules No. 121, of 1911), is hereby repealed, and the following Regulation is made in lieu thereof:—
85. (1) The Master of any vessel on which there is any dog or other animal belonging to the vessel or to any officer or member of the crew shall, immediately on arrival of the vessel at any Australian port, give notice to the Chief Quarantine Officer in the following form:—
I hereby inform you that I have on board my ship……. (give name)……..the following animals…………..(give kind and number)…………..to be kept on board while the vessel is in an Australian port.
(2) Ships’ dogs and other ships’ animals shall be kept on board during the whole of the time the ship is in port. All ships’ dogs shall be muzzled and held during such time in such a manner as to prevent contact with other dogs or animals, and as shall be approved by the Chief Quarantine Officer, under a bond of £50 by the Master of the vessel.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.12536.—Price 3d.
Overview
The Provisional Regulations under the Quarantine Act 1908, enacted in 1912, were introduced to address the urgent need for updated quarantine measures, particularly concerning animals on vessels arriving at Australian ports. The regulations were certified by the Governor-General and made with the advice of the Federal Executive Council, reflecting the importance of maintaining strict control over the introduction of animals to prevent disease outbreaks. The policy objective behind these regulations was to ensure the safety and health of the Australian population by implementing stringent controls on the movement of animals across state borders. The regulations specifically require ship masters to notify the Chief Quarantine Officer of any animals on board upon arrival, ensuring that these animals are kept on the vessel and muzzled during the ship's stay in port, as approved by the Chief Quarantine Officer.
Scope and Application
The Provisional Regulations under the Quarantine Act 1908 apply to any vessel arriving at an Australian port that carries any dog or other animal, whether belonging to the vessel or to an officer or member of the crew. The regulations are designed to ensure that these animals are kept on board during the entire time the vessel is in port and to manage their containment to prevent contact with other animals. The Chief Quarantine Officer must be notified by the Master of the vessel upon arrival, and a bond of £50 must be provided by the Master to ensure compliance. These regulations apply across all Australian ports and are a part of the overarching framework of the Quarantine Act 1908, which is intended to protect Australia from the introduction of diseases and pests through maritime means. The application of these regulations is comprehensive and jurisdictional, extending to the entire Commonwealth of Australia. There are no stated exclusions or exemptions in these particular regulations, although the scope of application might be further defined or restricted through subordinate instruments that could be issued under the authority of the Quarantine Act 1908.
Key Provisions
The primary operative sections of the Provisional Regulations under the Quarantine Act 1908 (Section 85) mandate that the master of any vessel carrying animals must notify the Chief Quarantine Officer upon arrival at any Australian port. The notice must specify the types and numbers of animals on board and confirm the intention to keep them on the vessel while in port (Section 85(1)). Furthermore, it specifies that ships' dogs and other animals must remain on board during the vessel's stay in port, with ships' dogs required to be muzzled and secured in a manner that prevents contact with other animals, subject to approval by the Chief Quarantine Officer (Section 85(2)).
These regulations impose several obligations on the parties involved. The master of the vessel is required to provide the Chief Quarantine Officer with detailed information about the animals on board, ensuring transparency and facilitating compliance with quarantine measures (Section 85(1)). The master must also ensure that ships' dogs are muzzled and kept in a manner approved by the Chief Quarantine Officer, which includes securing them to prevent interaction with other animals (Section 85(2)). Additionally, the master must provide a bond of £50, which serves as a financial guarantee that the vessel will adhere to the quarantine requirements.
Failure to comply with these regulations can result in various civil and criminal consequences. Specifically, if the master fails to notify the Chief Quarantine Officer or to secure the animals as required, they may face penalties under the Quarantine Act 1908. Although the specific penalties are not detailed in the text, it is reasonable to infer that non-compliance could lead to fines or other enforcement actions. The bond provided by the master serves as a financial deterrent and means of recourse if the regulations are breached.