STATUTORY RULES.
1929. No. 116.
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) are amended—
1. By inserting after regulation 76 the following regulation:
“76a.—(1.) Any person found on any quarantine station who fails on demand to satisfy a quarantine officer or an authorized officer that he is authorized to be on that station, may be apprehended by any quarantine officer or authorized officer and detained until given into the custody of a police constable to be dealt with according to law.
(2.) Any person, found upon any quarantine station who fails, on demand—
(a) to satisfy a quarantine officer or an authorized officer that he is authorized to be on that station; and
(b) to give his name and address to that quarantine officer or authorized officer,
shall be guilty of an offence.
Penalty: Twenty-five pounds.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1929 No. 116, made under the Quarantine Act 1908-1924, were enacted to address the problem of unauthorized individuals on quarantine stations, which posed potential risks to public health by facilitating the spread of infectious diseases. The enacting body for these regulations was the Governor-General in Council, acting on the advice of the Minister for Health, Frank Anstey. The policy objective of these regulations was to ensure the effective enforcement of quarantine protocols by allowing for the apprehension and detention of individuals who are found on a quarantine station without proper authorization or identification. These regulations introduced stringent measures to enhance the security and control of quarantine stations, thereby reinforcing the existing legislative framework designed to safeguard public health from the threat of infectious diseases.
Scope and Application
This legislative instrument, made under the authority of the Quarantine Act 1908-1924, pertains to the amendment of the Quarantine Regulations 1927 and applies to any person found on a quarantine station who fails to meet the specified criteria set forth by quarantine officers or authorized officers. Specifically, the regulation imposes obligations on individuals to present evidence of authorisation to be on a quarantine station and to provide their name and address upon request. Failure to comply with these demands can result in apprehension and detention, with subsequent handing over to a police constable for legal action. The penalty for such an offence is a fine of twenty-five pounds. The regulation is applicable across the Commonwealth of Australia and extends to all individuals present on designated quarantine stations, regardless of their specific circumstances or purpose for being there. This regulatory amendment does not explicitly state any exclusions, exemptions, or thresholds, and it is enacted to reinforce the enforcement mechanisms stipulated within the broader framework of the Quarantine Act.
Key Provisions
The main operative sections of this regulation (Regulation 76a) require that any person found on a quarantine station must, upon demand, satisfy a quarantine officer or an authorised officer that they are authorised to be on that station. Furthermore, this person must also provide their name and address to the officer. Failure to comply with these demands can lead to apprehension by a quarantine officer or authorised officer and subsequent detention until the person is handed over to a police constable for legal action (76a(1)). Additionally, if a person not only fails to prove their authorisation to be on the station but also refuses to provide their name and address, they commit an offence under this regulation (76a(2)).
This regulation imposes several obligations on individuals found on a quarantine station. Primarily, it mandates that such individuals must be able to provide proof of their authorisation to be present on the station and must also be ready to disclose their name and address to a quarantine officer or authorised officer when requested. These obligations are designed to ensure that only those with legitimate reasons for being on the station are permitted to remain there, while unauthorised individuals can be swiftly identified and removed. The requirement to provide personal details helps in maintaining order and accountability within the quarantine station.
Breach of the obligations set forth in this regulation can result in serious consequences. Specifically, failure to satisfy the quarantine officer or authorised officer that one is authorised to be on the station and to provide one's name and address can lead to criminal charges. Under section 76a(2), such an offence is punishable by a penalty of twenty-five pounds. This penalty serves as a deterrent against unauthorised presence on quarantine stations and ensures that the regulations are adhered to strictly. The severe consequences underscore the importance of compliance with the provisions of this regulation.