Quarantine Regulations (Amendment)

Overview

The Statutory Rules 1921, No. 48, made under the Quarantine Act 1908-1920, introduce amendments to the Quarantine Regulations 1917. These amendments were enacted to address the need for additional procedures and financial accountability in the examination of vessels holding a certificate of limited pratique. The regulation was made by the Governor-General in Council, reflecting the legislative authority of the Commonwealth of Australia. The policy objective of this regulation is to ensure that vessels are adequately examined after a specific period post their last overseas port of call, while also introducing a fee for the service to manage the costs associated with such examinations. This regulation aims to enhance the efficiency and effectiveness of quarantine measures in Australian ports.

Scope and Application

This statutory rule, made under the Quarantine Act 1908-1920, applies to vessels in Australian ports that hold a certificate of limited pratique. It allows for the examination of such vessels by a Quarantine Officer after 18 days have elapsed since their departure from the last overseas port of call, upon application by the master, owner, or agent of the vessel. The regulation specifies a fee of £2/2/- for this examination. The geographic reach of this regulation is national, applying to all Australian ports. The amendment extends to vessels that meet the criteria specified and does not exclude any particular types of vessels or ports. The regulation comes into operation immediately and may be further extended or modified through subordinate instruments as necessary to maintain effective quarantine practices.

Key Provisions

The primary operative section of the Statutory Rules 1921, No. 48, is Regulation 55A, which introduces a new provision to the Quarantine Regulations 1917. According to Regulation 55A, any vessel in an Australian port that holds a certificate of limited pratique may, upon application by the master, owner, or agent, be examined by a Quarantine Officer. This examination is permissible only after a period of eighteen days has elapsed from the vessel's departure from the last overseas port of call. The purpose of this examination is to grant full pratique, thereby allowing the vessel to engage in unrestricted maritime operations within Australian waters. The Quarantine Regulations 1917, as amended by Statutory Rules 1921, No. 48, impose certain obligations on the master, owner, or agent of vessels holding a certificate of limited pratique. They must apply for an examination by a Quarantine Officer after the specified eighteen-day period from the vessel's last overseas port of call. Additionally, they must ensure that a fee of £2/2/- is paid for this examination, which is a requirement for the granting of full pratique. These obligations are critical to ensure that vessels comply with Australian quarantine regulations, thereby preventing the potential spread of diseases or pests. Breaches of the requirements stipulated in Regulation 55A could lead to various consequences. While the legislation does not explicitly detail the penalties for non-compliance, it is reasonable to infer that failing to apply for the necessary examination or neglecting to pay the required fee could result in the vessel being restricted from engaging in full maritime operations within Australian waters. Additionally, any failure to comply with the quarantine regulations could lead to further civil or criminal consequences, as outlined in other sections of the Quarantine Act 1908-1920. Although the specific penalties are not detailed in this particular regulation, the overarching Act may provide further clarity on the potential sanctions for non-compliance.