Quarantine Regulations (Amendment)

Overview

The Quarantine Regulations 1922, issued under the Quarantine Act 1908-1920, were enacted to amend the Quarantine Regulations 1917 and establish new fees for the fumigation and inspection of various goods, including dried fruits, cereals, pulses, and other seeds, entering Australia. These regulations were made by the Governor-General in Council, following advice from the Minister for Health, and came into operation on 23 November 1922. The policy objective behind these amendments was to ensure the effective management and control of goods imported into Australia to prevent the introduction and spread of pests and diseases, thereby protecting the nation's agricultural and economic interests. The changes in fees and charges were designed to better reflect the costs associated with the inspection and fumigation processes.

Scope and Application

The Quarantine Regulations 1922 made under the Quarantine Act 1908-1920, apply to the importation of various goods into the Commonwealth of Australia, specifically targeting dried fruits, cereals, pulses, and other seeds, as well as their fumigation. These regulations are designed to protect Australia's agricultural and ecological integrity by imposing specific charges and conditions for the importation of these goods. The regulations specify different rates for various quantities and packaging methods of these goods, with a particular focus on the fumigation processes required to mitigate the risk of pests and diseases entering the country. The application of these regulations extends to all persons and entities involved in the importation of these goods into Australia, and they are enforced by the Commonwealth government. There are no explicit exclusions mentioned in the text, but the detailed provisions suggest that the regulations are designed to cover most commercial import scenarios. The regulations may also be supplemented by subordinate instruments to address specific or evolving needs related to quarantine measures.

Key Provisions

The primary operative sections of this legislative instrument concern the amendment of the Quarantine Regulations 1917, particularly focusing on the fees for dried fruit, cereals, pulse, other seeds, and fumigation charges (see regulation 128 and 128A). Section A (1) amends the fees for dried fruit by adjusting the rates based on the number of packages within a consignment, and specifies different charges for certain types of dried fruit when packed in small boxes or cartons. Section A (2) modifies the fees for cereals, pulse, and other seeds based on the weight of the consignment, with different rates applied at various weight thresholds. Section A (3) revises the fumigation fees for nuts, dried fruit, cocoa beans, coffee beans, tapioca root, and other items, depending on whether they are packed in bags or cases or in small boxes or cartons. Section A (4) sets a minimum charge for fumigation using either Hydrocyanic Acid Gas or Bisulphate of Carbon. The obligations imposed by these regulations require that importers and other entities involved in the import process adhere to the new fees and charges outlined. This includes paying the appropriate fees for dried fruit, cereals, pulse, and other seeds, as well as for fumigation services. Importers must ensure that their consignments comply with the new fee structures and pay the corresponding charges for the items they are importing. Failure to comply with these regulations could result in various consequences. While specific offences and penalties are not explicitly detailed in this legislative instrument, non-compliance with quarantine regulations generally may lead to fines, penalties, or other legal actions as prescribed by the Quarantine Act 1908-1920. The maximum penalties could vary depending on the severity of the breach and any applicable provisions under the overarching Act.