STATUTORY RULES.
1916. No. 116.
PROVISIONAL REGULATION UNDER THE QUARANTINE ACT 1908-1915.
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 Regulation under the Quarantine Act 1908-1915 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fourteenth day of June, One thousand nine hundred and sixteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
Amendment of Quarantine Regulations 1915.
(Statutory Rules 1915, No. 88.)
Regulation 67 of the Quarantine Regulations 1915 (Statutory Rules No. 88 of 1915) is hereby repealed, and the following Regulation is made in lieu thereof: —
“Fees for the Fumigation or Disinfection of Vessels.
67. (1) The fees charged for the fumigation of vessels by means of any approved mechanical appliance worked by steam, oil, or electric power and not forming part of the equipment of the vessels concerned, shall be as follows: —
| | £ | s. | d. |
(a) For every vessel of not more than 20,000 cubic feet of hold space...... | 1 | 10 | 0 |
(b) In the case of vessels of over 20,000 cubic feet of hold space— | | | |
For the first 20,000 cubic feet of hold space | 1 | 10 | 0 |
For each additional 20,000 cubic feet or part thereof............ | 0 | 15 | 0 |
(c) The minimum fee for the fumigation of any vessel or portion of a vessel shall be | 1 | 10 | 0 |
C. 6715.—Price 3d.
(2.) The fees charged for the fumigation of vessels by means of approved appliances other than those described in Sub-section (1) of this Regulation shall be as follows: —
| | £ | s. | d. |
(a) For every vessel of less than 50 tons gross..................... | 0 | 10 | 6 |
(b) For every vessel of 50 tons to 500 tons gross.................... | 1 | 1 | 0 |
(c) In the case of every vessel of over 500 tons gross— | | | |
| For the first 100,000 cubic feet of hold space or part thereof....... | 3 | 3 | 0 |
| For each additional 20,000 cubic feet or part thereof............ | 0 | 10 | 6 |
(3) When the fumigation or disinfection of any vessel is carried out by the owners or agents, or their employees, the work shall be supervised by a Quarantine or other authorized officer, and a fee of £1 1s. shall be charged for such supervision.
(4) In any case where overtime is worked, or travelling or other expenses are incurred by an officer in the fumigation or disinfection, or in the supervision of the fumigation or disinfection of any vessel, the cost of the overtime and travelling or other expenses shall be paid by the owners or agents of the vessel.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Provisional Regulation under the Quarantine Act 1908-1915, enacted on 14 June 1916, was introduced to address the urgent need for updated fees concerning the fumigation and disinfection of vessels to prevent the spread of diseases through maritime trade. This legislative instrument was issued by the Governor-General in Council, reflecting the federal government’s commitment to ensuring public health and safety through effective quarantine measures. The policy objective of these regulations is to establish clear and structured fees for fumigation and disinfection services, ensuring that the costs associated with these critical health interventions are transparently defined and charged. This regulation thus aims to provide a standardised approach to managing the financial aspects of quarantine operations while maintaining the integrity of Australia’s maritime borders.
Scope and Application
The Provisional Regulation under the Quarantine Act 1908-1915, as made effective by Statutory Rules 1916, No. 116, pertains to the amendment of the Quarantine Regulations 1915. This regulation applies to the fees associated with the fumigation or disinfection of vessels entering Australian waters, specifically targeting vessels that require fumigation using approved appliances. The fees are structured based on the vessel's gross tonnage and hold space, with different rates applying for varying vessel sizes. Additionally, the regulation mandates that any fumigation or disinfection carried out by vessel owners or agents must be supervised by a Quarantine or authorised officer, incurring an additional fee for this service. The regulation also stipulates that any overtime or additional expenses incurred by officers during these processes will be borne by the vessel's owners or agents. This Provisional Regulation is a Commonwealth measure and applies across Australia, extending its reach to all vessels subject to quarantine requirements as defined under the Quarantine Act 1908-1915.
Key Provisions
The main operative sections of the Provisional Regulation under the Quarantine Act 1908-1915 pertain to the fees charged for the fumigation and disinfection of vessels. Regulation 67 outlines the fees for fumigation using various methods. Specifically, section (1) sets out the fees for fumigation using approved mechanical appliances powered by steam, oil, or electric power. The fees are calculated based on the hold space of the vessel, with different rates applying for vessels of up to 20,000 cubic feet and those exceeding this volume. Section (2) details the fees for fumigation using other approved appliances, which are based on the gross tonnage of the vessel. Section (3) stipulates that when vessel owners or their agents perform fumigation or disinfection, it must be supervised by a Quarantine officer, and a fee of £1 1s. will be charged for this supervision. Section (4) provides that any overtime or additional expenses incurred by officers due to fumigation or disinfection will be borne by the vessel owners or agents.
The obligations imposed by these regulations are primarily financial in nature, requiring vessel owners or agents to pay fees for fumigation and disinfection services. They must ensure that if they are to perform these tasks, they will do so under the supervision of a Quarantine officer, incurring an additional supervisory fee. If the work extends beyond regular hours, the vessel owners or agents must cover any overtime or additional travel expenses incurred by the officers. These provisions aim to ensure that vessels are adequately disinfected to prevent the spread of diseases and pests while also ensuring that the relevant authorities are compensated for their services.
Failure to comply with the fee requirements or other obligations under these regulations may result in legal consequences. Although the specific penalties for non-compliance are not detailed in the provided text, under the Quarantine Act 1908-1915, breaches of the regulations can lead to penalties. The Act generally allows for fines or other civil penalties for non-compliance with quarantine regulations, and in more severe cases, criminal penalties may apply. These could include imprisonment, reflecting the seriousness of ensuring public health and safety through effective quarantine measures.