STATUTORY RULES.
1916. No. 87.
PROVISIONAL REGULATIONS UNDER THE QUARANTINE ACT 1908–1915.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Quarantine Act 1908–1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this tenth day of May, One thousand nine hundred and sixteen.
A. L. STANLEY,
Deputy of the 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).
The Quarantine Regulations 1915 (Statutory Rules No. 88 of 1915) are hereby amended by the repealing of Regulation 61 and the insertion of Regulation 61 hereunder in lieu thereof, and by the insertion after Regulation 63 of Regulation 63a hereunder: —
61. (1) The master or owner of any vessel in any port in Australia shall—
(a) effectively obstruct by means of stout netting or other means all openings or holes in the side of the vessel next to any wharf or lighter or other vessel and shall keep them so obstructed while the vessel is alongside such wharf or lighter or other vessel;
(b) affix and keep affixed an effective rat guard 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 or other vessel;
(c) 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 or to any vessel or lighter lying alongside;
C.5243—Price 3d.
(d) remove at sunset and keep removed until sunrise the landing stages and all nets and gangways between the vessel and any wharf, except during such time as those landing stages, nets, or gangways are required for the discharge or loading of cargo or for access of persons to and from the vessel and are actually being used for such discharge, loading or access; and
(c) take any other necessary and practicable measures to prevent the migration of rats to and from the vessel.
(2) No rat guard disc or screen shall be regarded as effective for the purpose of these Regulations unless it complies in all respects with the following requirements: —
(a) It shall be circular in outline formed in the shape of a cone and shall measure not less than 6 inches from base to apex, and not less, than 24 inches directly across any diameter of its base, rim to rim;
(b) It shall be made of sheet metal of at least 26 gauge without any opening or perforation except as hereafter specified;
(c) It shall be so constructed that when fitted the apex of the cone shall point towards the ship and the rope or hawser shall pass through the apex of the cone and the centre of the base, and all openings in the disc, screen or guard shall be effectively closed.
63a. The Master or Owner of any vessel in any port in Australia shall, when the vessel is about to be docked for repairs or for any other purpose, give notice to that effect to the Quarantine Officer at least 24 hours before the vessel is taken to the dock.
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 Regulations under the Quarantine Act 1908–1915, enacted in 1916, were introduced to address the urgent need for enhanced quarantine measures, particularly concerning the prevention of rat infestations on vessels entering Australian ports. These regulations amend the Quarantine Regulations of 1915 by imposing strict obligations on the masters or owners of vessels to obstruct openings on their vessels, affix effective rat guards on connecting ropes, illuminate the vessel sides at night, and remove landing stages and nets at sunset. Additionally, they require notification to the quarantine officer 24 hours in advance if a vessel is to be docked for repairs. The policy objective behind these amendments is to mitigate the risk of disease transmission and infestation by rats through stringent vessel inspection and management protocols.
Scope and Application
The Provisional Regulations under the Quarantine Act 1908-1915 apply to the master or owner of any vessel within any port in Australia, imposing specific duties to prevent the migration of rats to and from vessels. These duties include effectively obstructing all openings or holes in the vessel's side, affixing and maintaining rat guard discs or screens on ropes or hawsers, illuminating the vessel's side from sunset to sunrise, and removing landing stages, nets, and gangways at sunset unless required for cargo operations or access. Additionally, vessels scheduled for docking must notify the Quarantine Officer at least 24 hours prior. The Regulations are enacted on an urgent basis under the authority of the Governor of the State of Victoria and the Federal Executive Council, signifying their immediate applicability across all Australian ports. These provisions are subject to amendment through subordinate instruments, ensuring adaptability to changing circumstances.
Key Provisions
The main operative sections of the Provisional Regulations under the Quarantine Act 1908–1915 (sections 61 and 63a) impose specific obligations on the master or owner of any vessel in any Australian port. Section 61(1) requires the master or owner to take several measures to prevent the migration of rats from the vessel to the port. This includes obstructing all openings or holes in the vessel's side using stout netting or other means while the vessel is alongside a wharf or other vessel, affixing an effective rat guard disc or screen to any connecting ropes or hawsers, illuminating the vessel's side from sunset to sunrise when ordered by a quarantine officer, and removing landing stages, nets, and gangways between the vessel and the wharf at sunset, except when they are needed for cargo discharge, loading, or personnel access. Section 61(2) further specifies the requirements for an effective rat guard disc or screen, including its shape, size, material, and construction. Section 63a mandates that the master or owner must notify the Quarantine Officer at least 24 hours in advance when the vessel is about to be docked for repairs or any other purpose.
The Act imposes several obligations on the parties it governs. Primarily, the master or owner of any vessel in any Australian port must adhere to the measures outlined in Section 61 to prevent rat migration. This includes ensuring that all openings or holes in the vessel's side are effectively obstructed, that rat guard discs or screens are properly affixed and meet the specified requirements, that the vessel is illuminated as required, and that landing stages, nets, and gangways are removed at sunset unless actively in use. Additionally, the master or owner must provide the Quarantine Officer with at least 24 hours' notice before docking the vessel for repairs or other purposes, as stipulated in Section 63a. These obligations are designed to maintain the health and safety standards set forth by the Quarantine Act, ensuring that vessels do not introduce pests into the port.
The Provisional Regulations include provisions for offences and penalties for breaches. Although the specific penalties are not detailed within the text of the Regulations, breaches of quarantine regulations can typically result in significant penalties under the Quarantine Act 1908–1915. Non-compliance with the requirements to prevent rat migration, such as failing to obstruct openings or failing to properly affix rat guards, could result in fines and other civil or criminal penalties. Furthermore, not providing the required notice to the Quarantine Officer before docking the vessel might also attract penalties. The penalties can include substantial fines and, in severe cases, imprisonment, reflecting the seriousness with which the Act treats breaches of its provisions.