Quarantine Regulations 1911 (Amendment) (Provisional)

Overview

The Provisional Regulation under the Quarantine Act 1908-12 was enacted in 1915, aiming to address the urgent need to modify the existing Quarantine Regulations 1911 to better protect Australia from the importation of diseased animals. The regulation was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and was made with the intention to come into immediate operation due to the pressing circumstances. This Provisional Regulation specifically amends Regulation No. 70 of the Quarantine Regulations 1911 by updating the requirements for importing horses, asses, and mules from New Zealand, including the provision of a declaration from the owner and a certificate by a Government Veterinary Surgeon. The policy objective behind this regulation is to ensure that imported animals do not pose a risk of disease to the Australian livestock population. The Provisional Regulation under the Quarantine Act 1908-12, which was enacted to address the need for urgent amendments to the Quarantine Regulations 1911, demonstrates the Commonwealth Government's commitment to maintaining stringent biosecurity measures to protect Australia's animal health. The regulation will cease to have effect once the new Quarantine Regulations 1915 come into operation, ensuring a seamless transition to the updated regulatory framework. This Provisional Regulation is a clear example of the Government's proactive approach to safeguarding the nation's livestock and agricultural industries.

Scope and Application

The Provisional Regulation under the Quarantine Act 1908-12 pertains specifically to the importation of horses, asses, or mules from New Zealand into Australia. This regulation applies to individuals and entities involved in the transportation and importation of these animals, requiring them to provide a declaration from the owner attesting to the animal's health history and a certificate from a Government Veterinary Surgeon confirming the animal's freedom from disease and its travel history. The geographic scope of this regulation is confined to the Commonwealth of Australia, impacting anyone engaged in the importation of these animals from New Zealand. The regulation outlines strict requirements to prevent the introduction of diseases into Australia, ensuring that animals are disease-free and have not been in contact with diseased animals or in prohibited countries. This Provisional Regulation is set to be superseded by the forthcoming Quarantine Regulations 1915, which will provide a comprehensive update to the existing regulatory framework governing the importation of animals.

Key Provisions

The main operative sections of the Provisional Regulation under the Quarantine Act 1908-12, as evidenced in Statutory Rules 1915, No. 95, pertain to amendments of the Quarantine Regulations 1911. Specifically, Regulation No. 70 is amended to alter the requirements for importing horses, asses, or mules from New Zealand (section I). The regulation mandates that for such importations, the owner must provide a declaration confirming that the animal has been free from disease for the six months prior to shipment and that it has not been in contact with any diseased animal during that period (section I(A)(1)). Additionally, the animal must be accompanied by a certificate from a Government Veterinary Surgeon, attesting that the animal is free from disease and that the veterinarian is aware that the animal has not been in any country where importation of horses into Australia is prohibited under the Commonwealth of Australia Quarantine Act for the three years prior to shipment (section I(A)(2)). The obligations imposed by this regulation are clear and stringent. Owners of horses, asses, or mules seeking to import them into Australia from New Zealand must provide a declaration certifying the animal's health history, ensuring it has been disease-free for the specified period and has not been exposed to any diseased animals. Furthermore, the animals must be certified as disease-free by a Government Veterinary Surgeon who must also verify that the animal has not been in any country that prohibits horse importation into Australia within the last three years. These measures are designed to maintain stringent health standards for animal imports, thereby protecting the domestic animal population from contagious diseases. Failure to comply with these provisions may result in civil or criminal consequences, although specific penalties are not outlined in the regulation itself. However, given the context of the Quarantine Act 1908-12, non-compliance could potentially lead to fines, penalties, or even the refusal of entry for the animal in question. The maximum penalties would be as prescribed under the broader provisions of the Quarantine Act, which could include significant financial penalties and legal action against those found in breach of the regulations. It is imperative for importers to adhere to these requirements to avoid any adverse consequences.