Quarantine Regulations 1927 (Amendment)

Overview

The Statutory Rules 1927, No. 117, titled "Regulations Under the Quarantine Act 1908-1924," were enacted by the Governor-General in the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations, which came into operation immediately, are a response to the need to refine and update the existing framework for quarantine measures under the Quarantine Act 1908-1924. They specifically amend the Quarantine Regulations 1927 to address the charge structure for the disinfection of secondhand clothing and passengers' effects, ensuring a more detailed and practical fee structure for disinfection services. The policy objective underlying these regulations is to provide a clearer and more systematic approach to the financial responsibilities associated with maintaining quarantine standards.

Scope and Application

The Quarantine Regulations 1927, made under the Quarantine Act 1908-1924, apply to individuals and entities involved in the importation of secondhand clothing and passengers' effects into Australia. These regulations govern the disinfection process and associated charges, which are applicable irrespective of whether the disinfection occurs ashore or on a vessel. The regulations specify a tiered fee structure, with a lower charge for disinfection ashore and a higher charge for disinfection on a vessel, with additional fees for packages exceeding 20 in number. The payment responsibility falls on the master, owner, or agent of the vessel. The regulations also amend previous provisions, such as omitting a sub-paragraph concerning disinfection charges. The application of these regulations is not limited to a specific region within Australia but applies nationally as they are enacted under the Commonwealth jurisdiction. However, the specific exclusions or exemptions from these regulations are not detailed in the legislative instrument itself, and it is likely that further clarification is provided in subordinate instruments or other relevant legislation.

Key Provisions

The main operative sections of these regulations, as stipulated under the Quarantine Act 1908-1924, introduce specific amendments to the Quarantine Regulations 1927. The key change is found in Regulation 70, which replaces the previous charge structure for disinfection of secondhand clothing packages and passengers’ effects. Regulation 70 now specifies that the disinfection charge for packages disinfected ashore is one shilling per package, while packages disinfected in a suitable compartment on a vessel are charged one shilling per package up to 20 packages. For packages exceeding 20, the charge is twenty shillings for the first 1,000 cubic feet of space or part thereof in the compartment, with an additional ten shillings for each subsequent 1,000 cubic feet of space. These charges are to be paid by the master, owner, or agent of the vessel, each of whom is held responsible for the payment. Additionally, Regulation 146 is amended by removing sub-paragraph (c) of paragraph 2. These regulations impose specific obligations on the parties involved, particularly the masters, owners, and agents of vessels. They are required to ensure that the disinfection charges for packages are paid as stipulated. The regulations also mandate that disinfection of packages must be carried out in accordance with the prescribed fees, whether the disinfection occurs ashore or onboard a vessel. The obligation to pay the charges extends to each party involved in the shipment or transportation of the packages, ensuring accountability and compliance with the new fee structure. Breach of these regulations can result in civil and criminal consequences. While specific offences and penalties are not detailed in the text, non-compliance with the payment of disinfection charges or failure to adhere to the specified disinfection procedures could lead to enforcement actions under the Quarantine Act 1908-1924. These actions might include fines, penalties, or other sanctions as prescribed by the Act. The precise penalties would depend on the nature and extent of the breach, but the regulations clearly aim to enforce strict compliance to prevent the spread of disease through inadequate disinfection practices.