STATUTORY RULES.
1929. No. 117.
REGULATION UNDER THE QUARANTINE ACT 1908-1924.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Quarantine Act 1908-1924, to come into operation forthwith.
Dated this first day of November, 1929.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
FRANK ANSTEY
Minister for Health.
Amendment of Quarantine Regulations 1927.
The Quarantine Regulations 1927 (Statutory Rules 1927, No. 8 as amended by Statutory Rules 1928, No. 13; 1928, No. 41; 1929, No. 17) are amended—
By omitting Regulation No. 69 and all subsequent amendments thereof and by substituting therefor the following Regulation:—
Fees for the Fumigation or Disinfection of Vessels.
69. (1) The fees charged for the fumigation of spaces on vessels other than those specified in sub-regulation (3) of this Regulation 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 | 2 | 0 | 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........... | 2 | 0 | 0 |
For each additional 20,000 cubic feet or part thereof...... | 1 | 0 | 0 |
The minimum fee for the fumigation of any vessel or portion of a vessel shall be | 2 | 0 | 0 |
(2) The fees charged for the fumigation of spaces on vessels other than those specified in sub-regulation (3) of this Regulation by means of approval appliances other than those described in sub-regulation (1) of this Regulation shall be as follows:—
| £ | s. | d. |
(a) For every vessel of less than 50 tons gross | 1 | 0 | 0 |
(b) For every vessel of 50 tons to 500 tons gross | 2 | 0 | 0 |
| £ | s. | d. |
(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. | 4 | 10 | 0 |
For each additional 20,000 cubic feet or part thereof...... | 0 | 15 | 0 |
(3) The fees charged for fumigation or disinfection of cabins, lazarets or other enclosed spaces such as crew’s quarters, chain lockers, storerooms, passengers’ accommodation, by means of approved appliances shall be as follows:—
| £ | s. | d. |
For the first 1,000 cubic feet of space, or part thereof.......... | 1 | 0 | 0 |
For each additional 1,000 cubic feet of space, or part thereof..... | 0 | 3 | 0 |
Provided that when the whole of any vessel of less than one hundred tons gross is fumigated at one operation and by one fumigant, the charges for the fumigation of the crew’s quarters or other enclosed spaces shall be covered by the fee prescribed in paragraph (a) or (b), as the case may be, of sub-regulation (2) of this Regulation.
(4) The fees charged for trapping or poisoning operations for destruction of rodents on vessels shall be as follows:—
| £ | s. | d. |
(a) For every vessel under 50 tons gross.................. | 0 | 10 | 6 |
(b) For every vessel over 50 tons gross— For the first 250 baits laid, or part thereof............. | 0 | 5 | 0 |
For each additional 250 baits laid, or part thereof........ | 0 | 3 | 6 |
For the first 50 traps or part thereof set and attended...... | 0 | 15 | 0 |
For every re-setting of the first 50 traps or part thereof, and attention | 0 | 10 | 6 |
For each additional 50 traps, or part thereof, set and attended | 0 | 10 | 6 |
For every re-setting of the additional 50 traps or part thereof, and attention | 0 | 10 | 6 |
(5) 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.
(6) In any case where overtime is worked, or travelling or other expenses are incurred by an officer in the fumigation or disinfection or other treatment, or in the supervision of the fumigation or disinfection of any vessel or part of a vessel, the cost of the overtime and travelling or other expenses shall be paid by the owners or agents of the vessel.
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules of 1929, No. 117, represents a regulation made under the Quarantine Act 1908-1924, enacted by the Governor-General in Council. This regulation was introduced to address the need for updated and detailed guidelines concerning the fees associated with the fumigation and disinfection of vessels to prevent the spread of diseases through maritime travel. The regulation was designed to ensure that vessels entering Australian waters are adequately treated to safeguard public health. The policy objective is to enforce rigorous health measures at the point of entry to prevent the introduction and spread of infectious diseases by setting specific fees for various fumigation and disinfection services.
Scope and Application
The Quarantine Regulations 1929, established under the Quarantine Act 1908-1924, govern the fees for the fumigation and disinfection of vessels arriving in Australia, ensuring the protection of the nation's borders from the introduction of pests and diseases. These regulations apply to vessels arriving in Australian waters, encompassing various industries such as shipping and maritime transport, and are intended to regulate the conduct of vessel owners and agents in compliance with quarantine requirements. The regulations impose fees for fumigation and disinfection of vessel hold spaces and enclosed areas, such as crew's quarters and storerooms, based on the vessel's size and the method of fumigation used. Furthermore, the regulations also specify fees for trapping and poisoning operations aimed at destroying rodents on vessels. The fees vary according to the gross tonnage of the vessel and the extent of the fumigation or disinfection work required, with a minimum fee of £2 0s. set for fumigation services. The regulation also stipulates that when vessel owners or their agents undertake fumigation or disinfection work, it must be supervised by a Quarantine or authorised officer, incurring an additional fee for supervision. Any overtime or additional expenses incurred by officers during these operations are to be borne by the vessel owners or agents. This regulatory framework underscores the Commonwealth's commitment to maintaining stringent quarantine measures to safeguard Australia's agricultural and public health sectors from potential threats posed by imported pests and diseases.
Key Provisions
The main operative sections of this legislation, Regulation No. 69, detail the fees charged for fumigation and disinfection services provided to vessels. Regulation No. 69 (1) specifies that for vessels with a hold space of 20,000 cubic feet or less, a fee of £200 is charged. For vessels exceeding 20,000 cubic feet, an initial fee of £200 is applied to the first 20,000 cubic feet, with an additional £100 for each subsequent 20,000 cubic feet or part thereof. Regulation No. 69 (2) outlines fees for fumigation using approved appliances other than those described in sub-regulation (1), with a charge of £100 for vessels under 50 tons gross, £200 for vessels between 50 to 500 tons gross, and £410 for the first 100,000 cubic feet for vessels over 500 tons gross, with an additional £150 for each subsequent 20,000 cubic feet or part thereof. Regulation No. 69 (3) sets fees for fumigation of enclosed spaces, such as cabins and crew quarters, with an initial charge of £100 for the first 1,000 cubic feet, and £30 for each additional 1,000 cubic feet or part thereof. Regulation No. 69 (4) details charges for rodent control, including baiting and trapping, with different rates for vessels under and over 50 tons gross. Finally, Regulation No. 69 (5) mandates that any fumigation carried out by vessel owners or agents must be supervised by a Quarantine officer, with a supervisory fee of £1 1s.
The obligations imposed by this legislation require vessel owners or agents to pay the specified fees for fumigation, disinfection, and supervision services. If fumigation or disinfection is carried out by the owners or agents, it must be supervised by a Quarantine officer, as outlined in Regulation No. 69 (5). Additionally, any overtime or additional expenses incurred by officers during the fumigation or disinfection process must be borne by the vessel owners or agents, as per Regulation No. 69 (6).
The legislation does not explicitly outline specific offences, penalties, or consequences for breach within its text. However, the implication is that failure to pay the specified fees or to comply with the supervisory requirements may result in non-compliance with the Quarantine Act 1908-1924. Depending on the severity of the non-compliance and the interpretation by relevant authorities, potential consequences could include fines, legal action, or other administrative penalties as prescribed under the overarching Quarantine Act.