STATUTORY RULES.
1912. No. 105.
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 23rd day of May, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
Regulations Nos. 10, 84 (3). and 139 (1) (c) of the Quarantine Regulations 1911 (Statutory Rules No. 121 of 1911) are hereby repealed, and the following Regulations are made in lieu thereof:—
10. An outward bill of health in respect of any Australian port and its vicinity shall, on application by the master, or owner, or agents of any vessel visiting such port, be issued by a medical quarantine officer or other authorized officer, subject, except in the case of any vessel of war, to the payment therefor of a fee of Two shillings and sixpence.
84. (3) Fees, as follows, shall be charged for the quarantine examination of animals imported from New Zealand:—
| £ | s. | d. |
(a) Horses, asses, mules, cattle— | | | |
For a consignment of 1 to 10 animals of the same
kind | 1 | 1 | 0 |
For each additional animal up to 20 in one consignment of the same kind | 0 | 2 | 0 |
For each additional animal over 20 in one consignment of the same kind | 0 | 1 | 6 |
(b) Swine—Each animal............................ | 0 | 10 | 0 |
(c) Sheep, goats, dogs, and cats— | | | |
For a single animal......................... | 0 | 5 | 0 |
For any number from 2 to 5 in any consignment of animals of the same kind | 0 | 10 | 0 |
For each additional animal in any consignment over 5 of the same kind | 0 | 1 | 0 |
(d) Wild or undomesticated animals for circus or menagerie purposes arriving via New Zealand—Each animal | 0 | 10 | 6 |
C.6738.—Price 3d.
139. (1) (c) Deciduous Trees and Plants in a Dormant State—
One (1) oz. (troy) of fused potassium cyanide (98 per cent).
Two (2) fluid oz. of sulphuric acid (1.8 sp. gr.).
Three (3) fluid oz. of water.
The quantities above specified shall be used for each 100 cubic feet of space contained in the fumigating chamber or receptacle. In each instance the water and sulphuric acid shall be successively placed in a glazed earthenware or enamelled vessel, and the potassium cyanide shall be placed in the carrier constructed for the purpose; the chamber or receptacle shall then be tightly closed and the potassium cyanide shall be added by turning the handle of the carrier as required on the outside of the chamber or receptacle. All plants to be fumigated shall be so placed as to be freely exposed to the vapour, and fumigation shall be maintained for not less than one (1) hour. After the expiration of one hour, the doors and vents of the chamber or receptacle shall be opened for a sufficient time to allow all gas to escape before removal of the goods.
Printed and Published for the Government of the Commonwealth of Australia by j. Kemp, Government Printer for the State of Victoria.
Overview
The Provisional Regulations under the Quarantine Act 1908 were introduced to provide immediate measures for the control and prevention of the spread of disease through maritime traffic, addressing a critical gap in public health protection at Australia's ports. Enacted by the Governor-General in Council, these regulations aimed to streamline the process of issuing outward bills of health and to set specific fees for quarantine examinations of animals imported from New Zealand, ensuring a more efficient and standardised approach to maritime health inspections. The urgency of these regulations underscores the policy objective of promptly mitigating the risk of disease transmission, thereby safeguarding both public health and the nation's livestock industry.
Scope and Application
The Provisional Regulations under the Quarantine Act 1908, certified by the Governor-General and issued under the authority of the Minister of State for Trade and Customs, serve to replace certain provisions of the Quarantine Regulations 1911. These regulations apply to any vessel visiting an Australian port, requiring an outward bill of health to be issued by a medical quarantine officer or an authorized officer, with a fee of Two shillings and sixpence, except for vessels of war. They also detail fees for the quarantine examination of animals imported from New Zealand, stipulating varying rates based on the type and number of animals in a consignment. Furthermore, the regulations cover fumigation requirements for deciduous trees and plants in a dormant state, specifying the chemical mixture and procedure for effective fumigation. These regulations apply nationally across Australia, impacting various stakeholders such as shipmasters, owners, agents, and importers of animals and plants. The regulations do not explicitly mention any exclusions, exemptions, or thresholds, and their scope is limited to the specific provisions outlined within the statutory rules.
Key Provisions
The main operative sections of these Provisional Regulations under the Quarantine Act 1908 pertain to the issuance of outward bills of health, fees for quarantine examinations, and fumigation processes for imported plants and animals. Regulation 10 specifies that an outward bill of health, which certifies that a vessel and its cargo are free from infectious diseases, can be issued by a medical quarantine officer or another authorized officer upon application and payment of a fee, except for vessels of war. Regulation 84(3) sets out fees for the quarantine examination of animals imported from New Zealand, with varying fees based on the type and number of animals in a consignment. Regulation 139(1)(c) details the fumigation process for deciduous trees and plants in a dormant state, prescribing specific chemical quantities and procedures to ensure the plants are free from pests and diseases.
These regulations impose several obligations and requirements on the parties involved. Masters, owners, or agents of vessels visiting Australian ports must apply for an outward bill of health and pay the requisite fee unless the vessel is a warship. Importers of animals from New Zealand must pay the specified fees for quarantine examinations, ensuring that their animals are inspected and certified as free from diseases. Additionally, those importing deciduous trees and plants must adhere to the detailed fumigation process outlined in Regulation 139(1)(c), ensuring that the specified chemicals are used correctly and the fumigation is maintained for the required duration.
Breach of these regulations may lead to various consequences. While the text does not explicitly outline offences or penalties, it can be inferred that non-compliance with the requirements for outward bills of health, payment of fees, or adherence to the fumigation process could result in legal action. Such breaches might be considered violations of the Quarantine Act 1908, potentially leading to civil or criminal penalties. The specific penalties would depend on the nature and severity of the breach, and could include fines, confiscation of goods, or other sanctions as prescribed by the relevant legislation.