Quarantine Regulations (Amendment)

Overview

The Statutory Rules 1922 No. 151, made under the Quarantine Act 1908-1920, was enacted to amend the Quarantine Regulations 1917, bringing about updates to the charges for certain goods. This legislative instrument was enacted by the Governor-General in Council, with the advice of the Minister for Health, and it aimed to revise the regulatory framework concerning the importation of specific goods into Australia, ensuring that the fees charged for processing and inspecting these goods were updated in line with the economic and trade context of the time. The policy objective appears to be to maintain an effective and fair system of charges for the inspection and processing of goods entering Australia, thereby facilitating trade while also protecting the country from potential risks associated with imported goods.

Scope and Application

The Quarantine Regulations 1917, amended by Statutory Rules No. 151 of 1922, apply to a variety of goods entering the Commonwealth of Australia, targeting both individuals and businesses involved in importing these goods. The regulations pertain specifically to dried fruits, cereals, pulses, seeds, and other commodities, imposing a tiered tariff structure based on the quantity and packaging of the goods. This legislation encompasses goods such as raisins, currants, prunes, figs, dates, apples, nuts, cereals, and seeds, whether they are in bulk, wholesale packages, or smaller enclosed cartons. The geographic scope of these regulations is national, applying uniformly across the Commonwealth of Australia. The regulations also include provisions for fumigation fees for certain items, with a minimum charge set at One shilling (1s.) for fumigation with Hydrocyanic Acid Gas or Bisulphide of Carbon. The amendments extend the application of these regulations by modifying existing rates and introducing new tariffs, ensuring that the import process adheres to the stipulated charges and procedures.

Key Provisions

The primary sections of the Quarantine Regulations 1922 (C1922L00151) focus on amending the existing Quarantine Regulations 1917, specifically addressing fees associated with the quarantine of goods. Regulation 128 is amended to revise the tariff for dried fruit, such as raisins, currants, prunes, figs, dates, and apples, imposing a tiered fee structure based on the number of packages in a consignment (section 1). Regulation 128 also updates the tariff for cereals, pulses, and other seeds, changing the fees according to the quantity in each consignment (section 2). Furthermore, regulation 128a is amended to adjust the fumigation fees for various items such as nuts, dried fruits, cocoa beans, coffee beans, tapioca, and root vegetables, based on the number of bags or cases (section 3). Finally, the minimum charge for fumigation with either hydrocyanic acid gas or bisulphide of carbon is set at one shilling (section 4). These regulations impose specific obligations on parties involved in the import and export of goods. Importers and exporters must ensure that all goods subject to quarantine fees are appropriately declared and that the correct fees are paid as per the amended regulations. This includes adhering to the tiered fee structure for dried fruits and seeds and meeting the minimum charge for fumigation services. The regulations also require that all fumigation procedures be carried out by authorised personnel using approved methods to prevent the spread of pests and diseases. Failure to comply with these regulations can result in legal consequences. The Quarantine Act 1908-1920, under which these regulations are made, provides for various penalties for non-compliance. Offences related to the importation of unquarantined goods can result in fines and, in some cases, imprisonment. For instance, section 11 of the Act states that any person who contravenes a regulation made under the Act is liable to a fine not exceeding one hundred pounds. Additionally, persistent offenders or those causing significant harm may face more severe penalties, including longer periods of imprisonment and higher fines, as stipulated in section 13 of the Act. The precise penalties depend on the nature and extent of the breach, with maximum penalties outlined in the relevant sections of the Act.