Quarantine Regulations (Amendment)

Overview

The Statutory Rules of 1931, No. 130, introduced under the Quarantine Act 1908-1924, were enacted by the Governor-General in the Federal Executive Council. This legislative instrument was designed to address the need for stringent regulations governing the importation of hides and skins into Australia. The intent was to safeguard against the introduction of diseases such as anthrax, foot-and-mouth disease, and rinderpest by imposing specific conditions and requirements for the importation of these goods. The regulation mandated declarations and certificates from veterinary officers, with certain exceptions for countries deemed to have lower risks, to ensure the hides and skins were free from diseases or had been adequately disinfected. The policy objective was to protect Australia's livestock and agricultural industries from potential epidemics through effective quarantine measures.

Scope and Application

The Quarantine Regulations 1931, made under the Quarantine Act 1908-1924, establish stringent conditions for the importation of hides and skins into Australia, excluding fish skins, reptile skins, and furred skins. The regulations apply to all persons and entities importing hides and skins from countries outside New Zealand, Norfolk Island, Fiji, Samoa, New Caledonia, and New Hebrides, with specific conditions and declarations required to prevent the introduction of diseases such as anthrax, foot-and-mouth disease, and rinderpest. For these specified countries, less stringent conditions apply, focusing mainly on declarations and endorsements regarding the health status of the animals from which the hides and skins were derived. The geographic reach of these regulations is national, applying uniformly across Australia. The regulations extend their application through subordinate instruments, which may further specify operational details and conditions for exemptions or additional permits.

Key Provisions

The main operative sections of the Quarantine Regulations 1931 (Regulation 130) address the importation of hides and skins, excluding fish skins, reptile skins, or furred skins, into Australia. For hides and skins imported from countries other than New Zealand, Norfolk Island, Fiji, Samoa, New Caledonia, and New Hebrides, there are specific conditions that must be met (Regulation 130A). Firstly, the owner or consignor must provide a declaration made before a magistrate stating that the hide or skin is derived from an animal killed by slaughter and was not derived from an animal suffering from or died from diseases such as anthrax, foot-and-mouth disease, or rinderpest, or has been effectively disinfected. This declaration must be accompanied by a certificate from a Government Veterinary Officer of the country of origin, confirming the declaration's accuracy. If the country of origin is a foreign country, the declaration must be made before a British consul or a responsible British official. If the declaration and certificate are not available upon arrival in Australia, disinfection must be performed under the supervision of a quarantine officer using an approved disinfectant. For hides and skins imported from New Zealand, Fiji, Norfolk Island, Samoa, New Caledonia, and New Hebrides, the owner or consignor must provide a declaration stating that the hide or skin was not derived from an animal suffering from or died from anthrax or similar diseases. This declaration must be endorsed as correct by a Government Veterinary Surgeon or a Government Medical Officer. An exception is made for hides or skins forming sporting trophies, which may be imported with the Minister’s permission and subject to any conditions the Minister deems appropriate. Regulation 131 outlines additional provisions for furred skins, fish skins, and reptile skins. Furred skins must be removed to an approved tannery or other approved place and treated according to the Chief Quarantine Officer’s requirements, with the importer bearing the expenses of any treatment. Owners or custodians of furred skins may transfer them between approved tanneries with the Chief Quarantine Officer’s consent, provided they enter into a bond of £100 with required sureties. Fish skins and reptile skins may be imported subject to the issuance of a permit by the Chief Quarantine Officer. The Quarantine Regulations impose several obligations on parties involved in the importation of hides and skins. Importers must ensure that all necessary declarations and certificates are provided upon arrival in Australia, or that disinfection is performed as required. The master of the vessel must hold any hides or skins until a landing permit is received from a quarantine officer. Furthermore, the Chief Quarantine Officer has the authority to direct the treatment and handling of hides and skins upon arrival, including the removal of hides or skins to approved tanneries or other approved places. The Chief Quarantine Officer can also impose conditions on the import of hides or skins forming sporting trophies. Breaches of these regulations may result in civil and criminal consequences. Non-compliance with the requirements for declarations, certificates, disinfection, or the holding of hides and skins until a landing permit is obtained can lead to penalties. The specific penalties for breaches of the Quarantine Regulations are not detailed in the text provided, but generally, such breaches may incur fines, confiscation of the goods, or other enforcement actions as deemed appropriate by the relevant authorities. The exact penalties would be determined based on the severity and nature of the breach and could vary depending on the specific circumstances.