Part 1 Preliminary
1 Name
of Regulations [see Note
1]
These Regulations are the Quarantine Regulations
2000.
2 Commencement
These Regulations commence on 23 June 2000.
3 Application
(1) Unless the contrary intention appears, these
Regulations apply in, and relate to, Australia, Christmas Island and the Cocos
Islands.
Note Under subsection 87 (1A) of the
Act, the Regulations may apply in, or relate to, Australia, the Cocos Islands
and Christmas Island only. This subregulation makes it clear that these
Regulations apply in, and relate to, Australia, the Cocos Islands and Christmas
Island.
(2) Unless the contrary intention appears, references in
these Regulations to Australia do not include the Cocos Islands or Christmas
Island.
Note The definition of Australia
in the Act includes the Territory of Ashmore and Cartier Islands, see
subsection 5 (1) of the Act.
4 Definitions
In these Regulations, unless the contrary intention
appears:
Act means the Quarantine Act 1908.
AQIS means the Australian Quarantine and
Inspection Service in the Department.
container, except in regulations 10 and 18,
has the meaning given by the Customs Convention on Containers, 1972, signed in
Geneva on 2 December 1972 as affected by any amendment of the Convention that
is in force on 23 June 2000.
Customs has the meaning given by the Customs
Act 1901.
Customs import entry means a communication to
Customs that is mentioned in section 71A of the Customs Act 1901.
deratting, of a
vessel or installation, means keeping the vessel or installation free of rats.
Deratting Certificate has the meaning given
by Article 53 of the International Health Regulations (1969).
Deratting Exemption Certificate has the
meaning given by Article 53 of the International Health Regulations (1969).
disinsection means a treatment to destroy
insects.
estimated time means:
(a) for the arrival of a vessel or installation
at a place — the day and time estimated by the master of the vessel or
installation to be the day and time when the vessel or installation will reach,
or land at, the place; and
(b) for the departure of a vessel or installation
from a place — the day and time estimated by the master of the vessel or
installation to be the day and time when the vessel or installation will leave
the place.
first port of entry includes first Cocos
Islands port of entry and first Christmas Island port of entry.
health administration has the meaning given
by the International Health Regulations (1969).
hull proper, of a vessel (other than an
aircraft), means its overall length measured from the leading edge to the
trailing edge of the hull structural material, excluding anything mounted on
the hull.
identifying number includes an alphanumeric
code.
illness means a disease produced by the
action of a micro‑organism on the human body.
IMO Guidelines means the Guidelines for the
Control and Management of Ships’ Ballast Water to Minimise the Transfer of
Harmful Aquatic Organisms and Pathogens adopted by resolution of the Assembly
of the International Maritime Organisation on 27 November 1997.
Note The IMO Guidelines are available for
purchase from the International Maritime Organisation at
http://www.imo.org/HOME.html.
international certificate means an
international certificate of vaccination or revaccination against yellow fever
that:
(a) is issued for the person under Article 79 of
the International Health Regulations (1969); and
(b) certifies that, on a date stated in the
certificate, the person to whom the certificate applies was vaccinated or
revaccinated against yellow fever.
International Code of Signals means the
International Code of Signals adopted by the Inter‑Governmental Maritime
Consultative Organization and published by Her Majesty’s Stationery Office in
1995, as amended and in force on 23 June 2000.
International Health Regulations (1969) means
the third annotated edition of the International Health Regulations (1969)
published by the World Health Organization, as existing on 14 June 2007.
Note The International Health Regulations
(1969) are available on the Internet — see http://www.who.int/en/.
International Health Regulations (2005) means
the International Health Regulations (2005) published by the World Health
Organization, as existing on 15 June 2007.
Note The International Health Regulations
(2005) are available on the Internet — see http://www.who.int/en/.
medical practitioner means a person
registered as a medical practitioner under a law of a State or Territory that
provides for the registration of medical practitioners.
non‑scheduled flight, of an aircraft,
has the meaning given by the Air Navigation Act 1920.
overseas ship means an overseas vessel other
than an aircraft.
Russian Far East Port means a port that is
located:
(a) between the parallels of latitude 40°N and 60°N;
and
(b) west of the meridian of longitude 147°E.
ship sanitation certificate means:
(a) a Ship Sanitation Control Exemption
Certificate issued under:
(i) regulation 30B; or
(ii) a law of a foreign country in
accordance with Article 39 of the International Health Regulations (2005);
or
(b) a Ship Sanitation Control Certificate issued
under:
(i) regulation 30C; or
(ii) a law of a foreign country in
accordance with Article 39 of the International Health Regulations (2005).
stores means goods for the use of persons on
board a vessel or installation or for the service of a vessel or installation.
waste includes:
(a) material used to pack or stabilise cargo;
and
(b) galley and food waste; and
(c) human, animal or plant waste; and
(d) refuse or sweepings from the holds or decks
of a vessel or installation.
World Health Organization has the meaning
given by the World Health Organization Act 1947.
yellow fever declared
place has the meaning given by regulation 32.
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Note A
number of expressions used in these Regulations are defined in the Act,
including:
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·
aircraft
·
Animal
·
animals,
plants or other goods
·
Australia
·
Australian
waters
·
ballast
water
·
Christmas
Island
·
Cocos
Islands
·
commander
·
Commonwealth
·
compliance
agreement
·
declared
place
·
Director
of Quarantine
·
discharge
·
disease
·
document
·
Examine
·
exposed
·
First
Christmas Island port of entry
·
First
Cocos Islands port of entry
·
First
port of entry
·
give
·
goods
·
grant
·
Imported
|
·
Installation
·
Landing
place
·
Master
·
Officer
·
officer
of Customs
·
operator
·
overseas
aircraft
·
Overseas
installation
·
overseas
vessel
·
Package
·
Pest
·
Plant
·
police
officer
·
port
·
premises
·
Protected
Zone
·
quarantinable
disease
·
quarantinable pest
·
Quarantine
area
·
Quarantine
officer
·
Special
Quarantine Zone
·
Thing
·
Treatment
·
Vessel
·
Voyage.
|
5 Persons on vessels include master and
crew
In these Regulations, unless the contrary intention
appears, a reference to a person who is or was on board a vessel or
installation, or who travels on a vessel or installation, includes the master
and the crew members of the vessel or installation.
Part 2 Vessels and installations
Division 1 General requirements
6 Prescribed
symptoms and diseases (Act s 22)
(1) For paragraph 22 (1) (a) of the Act, the following
symptoms are prescribed:
(a) temperature over 38°C;
(b) acute unexplained skin rashes or lesions, and
rashes or lesions caused by illness or exposure to hazardous agents (but not
heat rashes, dermatitis, eczema or similar common skin conditions);
(c) persistent or severe vomiting (but not
vomiting caused by inebriation or motion sickness);
(d) persistent, watery or profuse diarrhoea;
(e) bleeding from the eyes, ears, nose, mouth,
anus or skin (but not if the subject is predisposed to nosebleeds or
haemorrhoids, or has cuts or abrasions);
(f) glandular swelling in the armpits or neck;
(g) prolonged loss of consciousness, if the
subject cannot be roused (but not loss of consciousness caused by consumption
of alcohol, drugs or medications, fainting or sleeping);
(h) persistent coughing and difficulty breathing
with no apparent cause and no history of similar symptoms (but not persistent
coughing and difficulty breathing caused by asthma, heart disease, obesity,
chronic bronchitis or emphysema);
(i) except in the case of a person with
restricted mobility or an otherwise healthy young child — an inability to
disembark from a vessel without assistance.
(2) For paragraph 22 (1) (a) of the Act, the following
diseases are prescribed:
(a) cholera;
(b) dengue fever;
(c) influenza;
(d) malaria;
(e) measles;
(f) polio;
(g) plague;
(h) rabies;
(i) severe acute respiratory syndrome (SARS);
(j) smallpox;
(k) tuberculosis;
(l) typhoid fever;
(m) viral haemorrhagic fevers of humans;
(n) yellow fever.
7 Quarantine signal during daylight hours
(Act s 23)
(1) For section 23 of the Act, the quarantine signal in
daylight is the flag signal for the letter Q in the International Code of
Signals.
(2) However, the signal is the 2‑flag signal for
the letters Q Q in the International Code of Signals if:
(a) on the day or any of the previous 5 days no
person on board the vessel or installation is or was suffering from a
quarantinable disease; and
(b) during the voyage but before the previous 5
days a person on board the vessel or installation was suffering from a
quarantinable disease or there was unusual mortality among rats on board the
vessel or installation.
(3) Also, the signal is the 2‑flag signal for the
letters Q L in the International Code of Signals if on the day or any of the
previous 5 days during the voyage, a person on board the vessel or installation
is or was suffering from a quarantinable disease.
(4) For a vessel (other than an aircraft) or an
installation, the signal must be displayed either at the masthead or at another
position from which the signal can be seen from any point outside the vessel or
installation.
8 Quarantine
signal outside daylight hours (Act s 23)
(1) For section 23 of the Act, the quarantine signal
other than in daylight is a red light displayed not more than 2 metres above a
white light.
(2) For subregulation (1), the lights, for a vessel
(other than an aircraft) or an installation, must be:
(a) visible on a clear night for 2 nautical
miles in every direction; and
(b) displayed in a position as nearly as
practicable amidships.
Division 2 Reports
9 Vessels arriving from Special Quarantine and Protected Zones (Act
s 27A (1))
For paragraph 27A (1) (d) of the Act, a
vessel is a prescribed vessel if it:
(a) is intended to arrive at a place in
Australia, except a place in a Special Quarantine Zone or the Protected Zone,
from a place in any of those Zones; and
(b) has a hull proper of 7 metres or less.
Note For the meaning of hull proper,
see regulation 4.
10 Pre‑arrival
information (except for aircraft)
(1) For
subsection 27A (2) of the Act, the information set out in the following
table is prescribed for a vessel the hull proper of which is 25 metres or more,
and for an installation:
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Item
|
Information for pre‑arrival reports
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1
|
The name, previous name (if any), voyage number, call
sign, country of registry and port of registry of the vessel or installation,
and the identifying number (if any) allocated to it by the International
Maritime Organisation or Lloyds
|
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2
|
The type of vessel or installation, the hull proper (in
metres) of the vessel, and the number of cargo holds, tanks and decks of the
vessel or installation
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3
|
The last port of call located outside Australia, Christmas
Island or the Cocos Islands that the vessel or installation was in
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4
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The place in Australia, Christmas Island or the Cocos
Islands where the vessel or installation is to arrive and:
(a) if the vessel or installation is to berth at the
place — the berth it will arrive at and its estimated time of arrival at
the berth; and
(b) if the vessel or installation is to anchor at the
place — its estimated time of anchoring; and
(c) its estimated time of departure from the place
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5
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Each port of call in Australia, Christmas Island or the
Cocos Islands that the vessel or installation will, or is likely to, visit before
it leaves Australia, Christmas Island or the Cocos Islands
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6
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Whether or not there are to be any crew changes while the
vessel or installation is at a port of call in Australia, Christmas Island or
the Cocos Islands and, if there are, the following information:
(a) the port or ports at which crew members will be
signing off;
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(b) the number of crew members
that will be signing off;
(c) the day and time estimated by the master of the
vessel or installation to be the day and time when the crew members will be
signing off
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7
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Whether or not any passengers are to disembark from the
vessel or installation while it is at a port of call in Australia, Christmas
Island or the Cocos Islands and, if so, the following information:
(a) the port at which the passengers will disembark;
(b) the number of passengers that will be disembarking;
(c) the day and time estimated by the master of the
vessel or installation to be the day and time that the passengers will be
disembarking
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8
|
Whether or not, within the period of 24 months before the
date on which the information prescribed in this item must be given and in
the part of the calendar year beginning on 1 July and ending at the end of 30
September during that period, the vessel or installation has been in a Russian
Far East Port
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9
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For a vessel or installation that has been in a Russian
Far East Port during the period described in item 8:
(a) whether or not, since last being in such a port,
the vessel or installation has been inspected by an agricultural authority of
Australia, Canada, New Zealand, Russia, or the United States of America and
cleared as being free of Asian gypsy moth; and
(b) if the vessel or installation was inspected by a
Russian agricultural authority and cleared by the authority as being free of
Asian gypsy moth — the date and time of departure from the port at which
it was inspected and cleared
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10
|
Whether or not the vessel or installation has carried
livestock, seeds (including grain) or meal (being meal that contains plant or
animal, including fish or bird, material) in any of the last 10 cargoes
and, if it has, the following details about each cargo that includes such
goods:
(a) the contents of the cargo that was carried;
(b) the port at which it was loaded;
(c) the port at which it was discharged;
(d) the cleaning performed since it was discharged
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11
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Whether or not there are any plants on board the vessel or
installation and, if there are, the following information:
(a) the location of the plants; and
(b) the health and condition of the plants
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12
|
Whether or not there is a valid Deratting Certificate or
Deratting Exemption Certificate for the vessel or installation and, if there
is, the date and port of issue of that certificate
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13
|
Whether or not there is a valid ship sanitation certificate
for an overseas ship and, if there is, the date and port of issue of that
certificate
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14
|
Whether or not any person on board the vessel or
installation died during the voyage and, if so, the number of deaths and the
cause, or suspected cause, of the death
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15
|
Whether or not any person on board the vessel or
installation during the voyage is found to be suffering from an illness and,
if so, the following information:
(a) the cause or suspected cause of the illness;
(b) any treatment the person has had on board the
vessel or installation during the voyage;
(c) the number of people on board the vessel or
installation found to be suffering from the illness
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16
|
Whether or not any person on board the vessel or
installation during the voyage is found to have a symptom of an illness
(including any symptom mentioned in subregulation 6 (1)) and, if so, the
following information:
(a) the cause or suspected cause of the symptom;
(b) any treatment the person has had on board the
vessel or installation during the voyage;
(c) the number of people on board the vessel or
installation found to have the symptom
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17
|
Whether or not there are any animals on board the vessel
or installation (whether part of the cargo or not) and, if there are, the
following information:
(a) the number of animals on board;
(b) a description, including the health
and condition, of the animals
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18
|
Whether or not any animal on board the vessel or
installation died during the voyage and, if so, the number of animals that
died and how the animals were disposed of
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19
|
Whether or not, since leaving the last port of call of the
vessel or installation, any insects have been on board and, if they have, the
following information for each insect:
(a) its location on board the vessel or installation
when discovered; and
(b) a description of the insect
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20
|
Whether or not waste on board the vessel or installation
has been securely contained in a container kept for that purpose or in a
sealed room so that:
(a) the waste is not accessible to any animals; and
(b) there is no leakage of the waste
|
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21
|
Whether or not the requirements set out in the document
entitled Australian Ballast Water Management Requirements, version
3, dated 1 June 2007 and published by the Australian Quarantine and
Inspection Service, have been complied with
|
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22
|
The name of, and how to contact, the vessel’s or
installation’s agent in Australia, Christmas Island or the Cocos Islands
|
Note 1 For the meaning of estimated
time, hull proper, illness, overseas
ship and Russian Far East Port, see regulation 4.
Note 2 For item 21 of the table, the Australian Ballast Water Management
Requirements can be found on the Department of Agriculture, Fisheries and
Forestry website at http://www.aqis.gov.au/shipping.
(2) For subsection 27A (2) of the Act, the
information set out in the following table is prescribed for a vessel the hull
proper of which is less than 25 metres:
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Item
|
Information
|
|
1
|
The name of the vessel
|
|
|
The last port of call of the vessel and the date of
departure from that port of call
|
|
3
|
The number of persons on board the vessel
|
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4
|
If any person on board the vessel during the voyage is
found to be suffering from an illness, the cause, or suspected cause, of the
illness and the number of people who are found to be suffering from the
illness
|
|
4A
|
If a symptom prescribed by subregulation 6 (1) presents
itself in a person on board the vessel during the voyage, the nature and
cause (or suspected cause) of the symptom, and the number of people in whom
the symptom is present
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5
|
If any live animal is on board the vessel, the number
of animals on board, and a description, including the health and condition,
of the animals
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6
|
If any animal died during the voyage, the number of
animals that died and how the animals were disposed of
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7
|
The estimated time of arrival of the vessel at the
port or place
|
Note For the meaning of estimated
time, hull proper and illness, see
regulation 4.
11 When
and how pre‑arrival information (except for aircraft) to be given
(1) For subsection 27A (2) of the Act, the
information must:
(a) be given:
(i) between 96 hours before and 12
hours before the estimated time of arrival of the vessel or installation; or
(ii) if a quarantine officer has
notified the master of the vessel or installation that the information is to be
given within a different period, within that period; and
(b) for a vessel the hull proper of which is 25
metres or more or an installation — be in writing and given to a
quarantine officer; and
(c) for a vessel the hull proper of which is
less than 25 metres — be given orally or in writing to a quarantine
officer.
Note 1 For the meaning of estimated
time and hull proper, see regulation 4.
Note 2 The information may, in
certain circumstances, be given electronically — see the Electronic
Transactions Act 1999.
(2) However, if the information changes after it is
given, it must be given again as soon as possible.
12 Pre‑arrival
information for aircraft
For subsection
27B (2) of the Act, the information set out in the following table is
prescribed:
|
Item
|
Information
|
|
1
|
For a non‑scheduled flight, the identity of the
aircraft, the place in Australia, Christmas Island or the Cocos Islands where
the aircraft is to arrive and its estimated time of arrival
|
|
2
|
If any person on the aircraft died during the flight or is
found to be suffering from an illness, a statement to that effect
|
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2A
|
If a symptom prescribed by subregulation 6 (1) presents
itself in a person on board the aircraft during the flight, a statement to
that effect
|
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3
|
If arrangements for disinsection of the aircraft in a
manner approved by a Director of Quarantine have not been complied with, a
statement to that effect
|
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4
|
If any live animal is on board the aircraft, a statement
to that effect
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5
|
If any animal died during the flight, a statement to that
effect
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Note For the meaning of estimated
time and illness, see regulation 4.
13 When,
how and where pre‑arrival information for aircraft to be given
(1) For subsection
27B (2) of the Act, the information:
(a) must be given:
(i) as close to top of descent as is
operationally practicable, but in any case at least 30 minutes before the
aircraft is on chocks; or
(ii) if a quarantine officer has
notified the commander of the aircraft that the information is to be given at a
different time, at that time; and
(b) must be given to a quarantine officer:
(i) for an aircraft referred to in
paragraph 27B (1) (a) of the Act — at the place or, if there is
no quarantine officer at the place, at a landing place; and
(ii) for an aircraft referred to in
paragraph 27B (1) (b) of the Act — at the place or, if there is
no quarantine officer at the place, at a landing place or a first port of entry
for vessels other than aircraft.
Note For a list of landing places and
first ports of entry, see Part 2 of each of the following:
(a) Quarantine Proclamation 1998;
(b) Quarantine (Cocos Islands) Proclamation 2004;
(c) Quarantine (Christmas Island) Proclamation 2004.
(2) However, if the information changes after it is
given, it must be given again as soon as possible.
(3) For subsection 27B (2) of the Act, the
information may be given by radiocommunication or telecommunication.
14 Masters
to report prescribed diseases (Act s 27A (4))
For subsection 27A (4) of the Act, the
diseases mentioned in subregulation 6 (2) are prescribed.
Note Subsection 27A (4) of the Act
provides for additional reporting requirements if any people on a vessel (other
than an aircraft) or installation are found to be suffering from a prescribed
disease.
15 When
masters to report death
(1) If, during the reporting period, a person on board
an overseas vessel or overseas installation dies, the master of the vessel or
installation must immediately give to a quarantine officer the name of the
person and the date and the cause, or suspected cause, of the person’s death.
Penalty: 50 penalty units.
(2) For subregulation (1), the reporting
period:
(a) starts at the end of the period within which
the master was required to give information to a quarantine officer under
subsection 27A (2) or 27B (2) of the Act; and
(b) ends when the vessel or installation leaves
its last port of call before departure from Australia, Christmas Island or the
Cocos Islands.
(3) An offence under subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
16 Operators
to report intended importation of animals
(1) This regulation
applies to an animal that:
(a) was alive when it was brought on board the
vessel or installation; and
(b) is to be imported:
(i) into Australia, Christmas Island
or the Cocos Islands; or
(ii) from Christmas Island or the Cocos
Islands into Australia; or
(iii) from Australia or the Cocos
Islands into Christmas Island; or
(iv) from Australia or Christmas Island
into the Cocos Islands.
(2) The operator of an overseas vessel (other than an
aircraft) or an overseas installation on which it is intended to import the
animal must give to a quarantine officer notice of the intended importation:
(a) at least 48 hours before the estimated time
of arrival of the vessel or installation at the port where the animal is to be
landed; or
(b) if a quarantine officer has given the
operator permission in writing for another time, before that other time.
Penalty: 50 penalty units.
Note Permission may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
(3) The operator of an
overseas aircraft on which it is intended to import the animal must give to a
quarantine officer notice of the estimated times for the matters mentioned in
subregulation (4):
(a) at least 48 hours before the estimated time
of departure of the aircraft from the place where the animal is consigned; or
(b) if a quarantine officer has given the
operator permission in writing for another time, before that other time.
Penalty: 50 penalty units.
Note Permission may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
(4) For subregulation (3), the matters are:
(a) the aircraft’s departure from the place
where the animal is consigned; and
(b) the aircraft’s arrival at and departure from
any place where the aircraft is to call before its arrival at the place where
the animal is to be landed; and
(c) its arrival at the place where the animal is
to be landed.
Note 1 For the meaning of estimated
time, see regulation 4.
Note 2 For notices, see regulation 77.
(5) An offence under
subregulation (2) or (3) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
17 When
death or escape of animals to be reported
(1) The master of an overseas vessel or overseas
installation must report the death or escape of an animal on the vessel or
installation immediately to a quarantine officer if the animal dies or escapes:
(a) after the period within which the master was
required to give information to a quarantine officer under
subsection 27A (2) or 27B (2) of the Act; and
(b) before the
vessel or installation leaves its last port of call before departure from
Australia, Christmas Island or the Cocos Islands.
Penalty: 50 penalty units.
(2) An offence under subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
18 Matters
about which masters etc must answer questions
For
subsection 28 (1) of the Act, the matters set out in the following table
are prescribed:
|
Item
|
Matters about which masters etc must answer questions
|
|
1
|
The name, previous name (if any), voyage number, call
sign, country of registry and port of registry of the vessel or installation,
and the identifying number (if any) allocated to it by the International
Maritime Organisation or Lloyds
|
|
2
|
The type of vessel or installation, the hull proper (in
metres) of the vessel, and the number of cargo holds, tanks and decks of the
vessel or installation
|
|
3
|
The last port of call located outside Australia, Christmas
Island or the Cocos Islands that the vessel or installation was in
|
|
4
|
The estimated time of departure of the vessel or installation
from the port or place in Australia, Christmas Island or the Cocos
Islands at which it has arrived or landed, or is expected to arrive or land
|
|
5
|
Each port of call in Australia, Christmas Island or
the Cocos Islands that the vessel or installation will, or is likely to,
visit before it leaves Australia, Christmas Island or the Cocos
Islands, and its estimated time of arrival at, and departure from, those
ports
|
|
6
|
Whether or not there are to be any crew changes while the
vessel or installation is at a port of call in Australia, Christmas Island or
the Cocos Islands and, if there are, the following information:
(a) the port or ports at which crew members will be
signing off;
(b) the number of crew members that will be signing
off;
(c) the day and time estimated by the master of the
vessel or installation to be the day and time when the crew members will be
signing off
|
|
7
|
Whether or not any passengers are to disembark from the
vessel or installation while it is at a port of call in Australia, Christmas Island
or the Cocos Islands and, if so, the following information:
(a) the port at which the passengers will disembark;
(b) the number of passengers that will be disembarking;
(c) the day and time estimated by the master of the
vessel or installation to be the day and time that the passengers will be
disembarking
|
|
8
|
Whether or not, within the period of 24 months before the
date on which the information prescribed in this item must be given and in
the part of the calendar year beginning on 1 July and ending at the end of 30
September during that period, the vessel or installation has been in a
Russian Far East Port
|
|
9
|
For a vessel or installation that has been in a Russian
Far East Port during the period described in item 8:
(a) whether or not, since last being in such a port,
the vessel or installation has been inspected by an agricultural authority of
Australia, Canada, New Zealand, Russia, or the United States of America and
cleared as being free of Asian gypsy moth; and
(b) if the vessel or installation was inspected by a
Russian agricultural authority and cleared by the Authority as being free of
Asian gypsy moth — the date and time of departure from the port at which
it was inspected and cleared
|
|
10
|
Whether or not the vessel or installation has carried
livestock, seeds (including grain) or meal (being meal that contains plant or
animal, including fish or bird, material) in any of the last 10 cargoes
and, if it has, the following details about each cargo that includes such
goods:
(a) the contents of the cargo that was carried;
(b) the port at which it was loaded;
(c) the port at which it was discharged;
(d) the cleaning performed since it was discharged
|
|
11
|
Whether or not there are any plants on board the vessel or
installation and, if there are, the following information:
(a) the location of the plants; and
(b) the health and condition of the plants
|
|
12
|
Whether or not there is a valid Deratting Certificate or
Deratting Exemption Certificate for the vessel or installation and, if there
is, the date and port of issue of that certificate
|
|
13
|
Whether or not there is a valid ship sanitation
certificate for an overseas ship and, if there is, the date and port of issue
of that certificate
|
|
14
|
Whether or not any person on board the vessel or
installation died during the voyage and, if so, the number of deaths and the
cause, or suspected cause, of the death
|
|
15
|
Whether or not any person on board the vessel or
installation during the voyage is found to be suffering from an illness and,
if so, the following information:
(a) the cause or suspected cause of the illness;
(b) any treatment the person has had on board the
vessel or installation during the voyage;
(c) the number of people on board the vessel or
installation found to be suffering from the illness
|
|
16
|
Whether or not any person on board the vessel or
installation during the voyage is found to have a symptom of an illness
(including any symptom mentioned in subregulation 6 (1)) and, if so, the
following information:
(a) the cause or suspected cause of the symptom;
(b) any treatment the person has had on board the
vessel or installation during the voyage;
(c) the number of people on board the vessel or
installation found to be have the symptom
|
|
17
|
Whether or not there are any animals on board the vessel
or installation (whether part of the cargo or not) and, if there are, the
following information:
(a) the number of animals on board;
(b) a description, including the health
and condition, of the animals
|
|
18
|
Whether or not any animal on board the vessel or
installation died during the voyage and, if so, the number of animals that
died and how the animals were disposed of
|
|
19
|
Whether or not, since leaving the last port of call of the
vessel or installation, any insects have been on board and, if they have, the
following information for each insect:
(a) its location on board the vessel or installation
when discovered; and
(b) a description of the insect
|
|
20
|
Whether or not waste on board the vessel or installation
has been securely contained in a container kept for that purpose or in a
sealed room so that:
(a) the waste is not accessible to any animals; and
(b) there is no leakage of the waste
|
|
21
|
Whether or not the requirements set out in the document
entitled Australian Ballast Water Management Requirements, version
3, dated 1 June 2007 and published by the Australian Quarantine and
Inspection Service, have been complied with
|
|
22
|
The name of, and how to contact, the vessel’s or
installation’s agent in Australia, Christmas Island or the Cocos
Islands
|
|
23
|
The number of persons on board the vessel or installation
when it arrived at the port or place, and the name and home address, and
proposed address in Australia, Christmas Island or the Cocos Islands,
of each of those persons
|
|
24
|
The identity and condition of any other goods on board the
vessel or installation during the voyage
|
|
25
|
The ports or other places where persons, animals, plants
or other goods came on board or were put on board the vessel or installation
|
|
26
|
The existence of any
disease or pests at the ports of departure or call, or on board the vessel or
installation or in contact with the vessel or installation
|
|
27
|
The sanitary condition and details of any treatment of the
vessel or installation, including any treatment for hull fouling, during the
voyage
|
Note 1 Section 28 of the Act deals with
requirements for the master, commander, medical officer or agent of the
operator to answer questions.
Note 2 For the meaning of estimated
time, hull proper, illness, overseas
ship and Russian Far East Port, see regulation 4.
Note 3 For item 21 of the table, the Australian Ballast Water Management Requirements
can be found on the Department of Agriculture, Fisheries and Forestry website
at http://www.aqis.gov.au/shipping.
19 Other
matters that certain vessels must report
(1) This regulation applies to a vessel (other than an
aircraft) the hull proper of which is less than 25 metres that has arrived at a
port or place in Australia, Christmas Island or the Cocos Islands.
Note For the meaning of hull proper,
see regulation 4.
(2) The master of the vessel must report the following
matters to a quarantine officer at the port or place:
(a) any proposed change of moorings of the
vessel;
(b) the estimated time of departure of the vessel
from the port or place, and whether the port or place is the last port of call
of the vessel before it leaves Australia, Christmas Island or the Cocos
Islands.
Note For the meaning of estimated
time, see regulation 4.
(3) The master must report the matters mentioned in subregulation (2):
(a) at least 48 hours before the proposed change
or the departure; or
(b) if a quarantine officer has given the master
permission for another time, before that other time.
20 Requirement
to complete or correct information
(1) This regulation applies to a person who:
(a) is required to give or report information
under regulation 15, 16, 17 or 19; or
(b) gives information to a quarantine officer
that is required to be given or reported under any of those provisions.
(2) If the person becomes aware that the information is
incomplete or inaccurate, the person must immediately give the complete or
correct information to a quarantine officer.
Penalty: 50 penalty units.
(3) An offence under subregulation (2) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
21 False or misleading information
(1) A person must not
give or report information, or cause information to be given or reported, to a
quarantine officer under regulation 15, 16, 17, 19 or 20 (whether the
requirement to give or report the information is made of the person or another
person) if:
(a) the information is false or misleading in a
material detail; and
(b) the person knows that the information is
false or misleading in that detail.
Penalty: 50 penalty units.
(2) A person must not give or report information or
cause information to be given or reported to a quarantine officer under
regulation 15, 16, 17, 19 or 20 (whether the
requirement to give or report the information is made of the person or another
person), if:
(a) the information is false or misleading in a
material detail; and
(b) the person is negligent as to whether the
information is false or misleading in that detail.
Penalty: 40 penalty units.
(3) For subregulations (1) and (2), strict liability
applies to the question whether information was given or reported to a
quarantine officer under regulation 15, 16, 17, 19 or 20.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 2A Pratique
21A Directions that pratique is not taken to
have been granted
(1) For paragraph 32B (3)
(a) of the Act, the Director of Human Quarantine may give a direction under
paragraph 32B (2) (c) of the Act in relation to an overseas aircraft in any of
the following circumstances:
(a) the commander of the aircraft has previously
failed to provide information under section 22 or 27B of the Act;
(b) there is an outbreak of disease or a threat
of an outbreak of disease in any part of the world;
(c) the Governor‑General has declared the
existence of an epidemic, or the danger of an epidemic, under section 2B of the
Act;
(d) the Minister has taken measures or given
directions under section 12A of the Act, and the emergency in relation to which
the measures have been taken or the directions have been given is continuing;
(e) the aircraft has travelled from or through a
declared place;
(f) there is a terrorist threat, or the Director
has received information about a potential terrorist threat.
(2) In giving a direction, the Director of Human
Quarantine must take into account the following considerations:
(a) whether similar directions are likely to be
given in relation to other aircraft;
(b) the period in which it is likely that
directions will be given;
(c) the class or classes of aircraft in relation
to which it is likely that directions will be given;
(d) if the circumstance mentioned in paragraph
(1) (a) applies — whether the failure is likely to be repeated;
(e) if the
circumstance mentioned in paragraph (1) (a) applies and the Director considers
that the failure is not likely to be repeated — whether it would be more
appropriate to issue a warning to the commander of the aircraft.
Division 3 Ballast water and other sanitary requirements
22 Requirement
to ensure vessels and installations in sanitary condition
The master of an overseas vessel or overseas
installation at a port or other place in Australia, Christmas Island or the
Cocos Islands must take reasonable steps to ensure the vessel or installation
is in a sanitary condition and is not carrying diseases or pests.
Penalty: 40 penalty units.
22A Ballast
water information
(1) This regulation applies to an overseas vessel or
overseas installation if it is capable of carrying ballast water while it is in
Australia, Christmas Island, or the Cocos Islands or Australian waters.
(2) The master of the
vessel or installation must:
(a) have on the vessel or installation the
ballast water information for the vessel or installation for the previous 2
years, or the period since the commencement of this regulation, whichever is
less; and
(b) make that information available to a
quarantine officer on request by the officer.
Note 1 Sections 70 and 70AA of the Act
gives a quarantine officer power to board a vessel or installation and examine
certain papers on board and provides that it is an offence for the master of a
vessel or installation to fail to produce those papers if required.
Note 2 Section 78A of the Act gives a
quarantine officer power to direct that a specified process be carried out on a
vessel or installation if the officer believes, on reasonable grounds, that the
vessel or installation is in an insanitary condition.
(3) If the ballast water
information is not made available to a quarantine officer on request, a
quarantine officer may take that fact into account in forming an opinion for
section 78A of the Act.
(4) For this regulation, ballast
water information for a vessel or installation is the name, Lloyds
number and call sign of the vessel or installation and the following
information for each ballast water tank or cargo hold on the vessel or
installation:
(a) for each
ballast water treatment or exchange:
(i) the treatment or exchange method
used; and
(ii) the latitude and longitude of the
points where the treatment or exchange started and ended; and
(iii) the depth of water where the
treatment or exchange was conducted; and
(iv) the identification number or name
of the ballast water pumps used; and
(v) the capacity of the ballast tank or
cargo hold; and
(vi) the volume of ballast water treated
or exchanged; and
(vii) the time taken to fully treat or
exchange the ballast water; and
(viii) the percentage of ballast water
treated or exchanged; and
(ix) whether the ballast water sea
suction strainers used in the treatment or exchange were in good order and
repair and the date when they were last inspected;
(b) for each
ballast water uptake:
(i) the name of the ballast water
uptake port or, if the uptake was at sea, the latitude and longitude of the
point where the uptake occurred; and
(ii) the date of the uptake; and
(iii) the local time when the uptake
started; and
(iv) whether
a sea suction strainer was used during the uptake and, if so, the following
information about the strainer:
(A) its identification
number;
(B) whether
it was in good order and repair;
(C) the date when it was
last inspected;
(c) for each
ballast water discharge at an Australian port:
(i) the name of the port; and
(ii) the date of the discharge; and
(iii) whether it was a full or partial
discharge; and
(iv) the estimated time when the
discharge finished.
23 Disinsection
of overseas aircraft
(1) The commander of an overseas aircraft (or, if the
commander is not the operator of the aircraft, the operator of the aircraft)
must make arrangements for the disinsection of the aircraft in a manner, and
within a time, approved by a Director of Quarantine.
Penalty: 50 penalty units.
(2) An offence under subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
24 Deratting
certificates
(1) A quarantine officer
must issue a Deratting Certificate for a vessel or installation if:
(a) the master or owner of the vessel or
installation has applied for a Deratting Certificate; and
(b) the officer is satisfied that the deratting
of the vessel or installation is completed.
(2) A quarantine officer must issue a Deratting
Exemption Certificate for a vessel or installation if:
(a) the master or owner of the vessel or
installation has applied for a Deratting Exemption Certificate; and
(b) the officer is satisfied that the vessel or
installation is free of rats.
Note For the issue of a Deratting
Certificate or Deratting Exemption Certificate, see Article 53 of the
International Health Regulations (1969).
24A Vector
monitoring and control activities
(1) For section 55B of the Act, vector monitoring
and control activities means any activity necessary to:
(a) identify a vector; or
(b) assess the threat posed by a vector; or
(c) eradicate a vector; or
(d) modify the environment to inhibit the
incursion or spread of a vector.
(2) Without limiting subregulation (1), the following
activities may be vector monitoring and control activities:
(a) setting traps;
(b) assessment of the environment and premises;
(c) fumigation or fogging;
(d) removal or modification of receptacles
capable of holding water.
25 Certificates
specifying measures for vessels or installations leaving proclaimed places
(1) This regulation applies to a vessel or installation
if:
(a) it is about to depart from a declared place
in Australia, Christmas Island or the Cocos Islands; and
(b) measures have been taken by or under the
supervision of a quarantine officer to prevent it or a person or goods on it
from spreading or causing the spread of a quarantinable disease or a
quarantinable pest.
Note For the meaning of declared
place, see section 12 of the Act.
(2) The quarantine officer may give to the operator,
master or agent of the vessel or installation a certificate specifying the
measures taken.
26 Masters to ensure stores etc are not
discharged etc
The master of an overseas vessel or overseas
installation that is at a port in Australia, Christmas Island or the Cocos
Islands must take reasonable measures to prevent any person discharging or
removing stores or waste from the vessel or installation without the master’s
permission.
Penalty: 40 penalty units.
Note Port includes, in
relation to an aircraft, any place at which an aircraft can land, whether a
landing place or not, see subsection 5 (1) of the Act.
27 Stores
etc not to be discharged etc
(1) A person must not discharge or remove stores or
waste from an overseas vessel or overseas installation at a port in Australia,
Christmas Island or the Cocos Islands.
Penalty: 30 penalty units.
Note Port includes, in
relation to an aircraft, any place at which an aircraft can land, whether a
landing place or not — see subsection 5 (1) of the Act.
(2) It is a defence to a prosecution under subregulation
(1) if the master of the vessel or installation has given the person permission
to discharge or remove the relevant stores or waste.
Note A defendant bears an evidential
burden in relation to the matter mentioned in this subregulation — see
section 13.3 of the Criminal Code.
(3) An offence under subregulation (1) is an offence of
strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
28 Stores
and waste may be secured
(1) A quarantine officer may secure any stores or waste
that are on an overseas vessel or overseas installation at a port in Australia,
Christmas Island or the Cocos Islands to ensure that regulations 26 and 27 are
complied with.
(2) A person must not
interfere with the stores or waste, or the means of its security, without the
master’s permission.
Penalty: 50 penalty units.
Note Port includes, in
relation to an aircraft, any place at which an aircraft can land, whether a
landing place or not, see subsection 5 (1) of the Act.
(3) An offence under
subregulation (2) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
29 Master’s
permission
A permission given by the master under regulation
26, 27 or 28 may be given orally or in writing, and must be expressed to apply
for a particular period.
Note Permission may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
30 Control
of animals that are not to be imported
(1) For subparagraph 68A (b) (ii) of the Act,
the master of a vessel or installation to which section 68A of the Act applies
must keep an animal to which that section applies on board the vessel or
installation while the vessel or installation is in Australia, Christmas Island
or the Cocos Islands.
Penalty: 50 penalty units.
Note Under section 68A of the Act, if
the master of a vessel or installation fails to comply with any prescribed
condition relating to the control or confinement of an animal, a quarantine
officer may destroy the animal.
(2) For subregulation (1), strict liability applies to
the question of whether section 68A of the Act applies to a vessel or
installation.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 4 Ship sanitation certification scheme
30A Definitions
for Division 4
In this Division:
contamination has the meaning given by
Article 1 of the International Health Regulations (2005).
infection has the meaning given by Article 1
of the International Health Regulations (2005).
quarantine officer (human quarantine) means a
person appointed under subsection 9 (2) of the Act.
reservoir has the meaning given by Article 1
of the International Health Regulations (2005).
Note First port of entry and vector
are defined in subsection 5 (1) of the Act.
30B Ship
Sanitation Control Exemption Certificates
(1) Subregulation (2) applies if:
(a) the master of an overseas ship in a first
port of entry asks a quarantine officer (human quarantine) for a Ship
Sanitation Control Exemption Certificate; and
(b) the master does not have a valid ship
sanitation certificate for the overseas ship; and
(c) the officer is satisfied that the overseas
ship is free from infection and contamination, including vectors and
reservoirs.
(2) The officer must issue a Ship Sanitation Control
Exemption Certificate for the overseas ship.
30C Ship
Sanitation Control Certificates
(1) Subregulation (2) applies if:
(a) the master of an overseas ship in a first
port of entry has been given a direction under section 78A of the Act; and
(b) a quarantine officer (human quarantine) is
satisfied that each process specified in the direction has been carried out in
the manner specified in the direction for the overseas ship.
(2) The officer must issue a Ship Sanitation Control
Certificate for the overseas ship that includes:
(a) details of each process carried out; and
(b) the officer’s comments about conditions on
the overseas ship.
Note For the power of a quarantine
officer to direct that a specified process be carried out on a vessel or
installation in a specified manner, see section 78A of the Act.
30D Matters
to be considered by quarantine officers (human quarantine)
In making a decision under regulation 30B or 30C
about an overseas ship, a quarantine officer (human quarantine) must consider
the following:
(a) the pre‑arrival information for the
overseas ship provided under section 27A of the Act;
(b) whether pratique has been granted for the
overseas ship;
(c) information about the condition of the
overseas ship, including information about the following:
(i) waste management;
(ii) any animals on board;
(iii) ballast water;
(iv) the presence of insects;
(v) sanitation;
(vi) the presence or absence of rodents;
(d) any other relevant information about the
overseas ship.
30E Form
of certificates issued under Division 4
(1) A ship sanitation
certificate issued under this Division must be in the form approved by the
Minister under subregulation (2).
(2) The Minister may approve a form for a ship
sanitation certificate.
Note Information about the approved form
and how to obtain a ship sanitation certificate is available on the Internet —
see http://www.aqis.gov.au and http://www.health.gov.au.
30F Period
for which ship sanitation certificates issued under Division 4 are valid
A ship sanitation certificate issued under this
Division is valid for 6 months beginning on the day when it is issued.
30G Extension
of ship sanitation certificates
(1) Subregulation (2) applies if:
(a) an overseas ship enters a first port of entry;
and
(b) the overseas ship has:
(i) a valid ship sanitation
certificate; or
(ii) a ship sanitation certificate that
expired within 1 month before the date the overseas ship enters the port;
and
(c) it is not practicable for the overseas ship
to be examined at the port; and
(d) the master of the overseas ship asks a
quarantine officer to extend the validity of the certificate.
(2) The officer must, by writing on and signing the ship
sanitation certificate, extend the validity of the certificate by no more than
1 month.
Part 3 Persons travelling to Australia, Christmas Island or the
Cocos Islands
Division 1 General requirements
31 When
addresses to be given to quarantine officers
(1) A quarantine officer
may give, to a person who travels to a place in Australia, Christmas Island or
the Cocos Islands on an overseas vessel or overseas installation, a notice
requesting the person to tell a quarantine officer at the port where the person
disembarks, the address in Australia, Christmas Island or the Cocos Islands
where the person intends to stay immediately after disembarkation.
(2) The person must comply with the notice within the
period stated in it.
Penalty: 30 penalty units.
(3) A quarantine officer may give, to a person who
travels to a place in Australia, Christmas Island or the Cocos Islands on an
overseas vessel or overseas installation, a notice requesting the person to
tell a quarantine officer at the port where the person disembarks, the person’s
new address each time the person’s address changes during the period ending 14
days after the later of:
(a) when the person is given the notice; and
(b) when the person disembarks from the vessel or
installation.
(4) The person must comply with the notice, in respect
of each change, within the period after the change stated in the notice.
Penalty: 30 penalty units.
(5) Strict liability,
within the meaning of section 6.1 of the Criminal Code, applies to an
offence against subregulation (2) or (4).
Note For notices, see regulation 77.
Division 2 Arrival from yellow fever declared places
32 Yellow
fever declared places
A yellow fever declared place is a
place declared under section 12 of the Act to be a place infected with
yellow fever, or from or through which yellow fever can be brought or carried.
Note Yellow fever is declared to be a
quarantinable disease under:
(a) section 21 of the Quarantine Proclamation 1998;
and
(b) section 11 of the Quarantine (Cocos Islands)
Proclamation 2004; and
(c) section 11 of the Quarantine (Christmas Island) Proclamation
2004.
33 Travel from yellow fever declared places
For this Division, a person is taken to have
travelled to Australia, Christmas Island or the Cocos Islands from a yellow
fever declared place if the person was at the yellow fever declared place not
more than 6 days before the person arrived in Australia, Christmas Island or
the Cocos Islands.
34 Requirement
for international vaccination certificates
A quarantine officer or an officer of Customs may
require a person who travels on a vessel or installation from a yellow fever
declared place to show to the officer, on the person’s arrival at the first
place where the person disembarks in Australia, Christmas Island or the Cocos
Islands, an international certificate that complies with regulation 35.
Note For when a person to whom this
regulation applies may be ordered into quarantine, see subsection 35 (1A) of
the Act and regulation 38.
35 What
international vaccination certificates must contain
(1) An international certificate issued for a person who
travels to Australia, Christmas Island or the Cocos Islands from a yellow fever
declared place must comply with subregulations (2), (3) and (4).
(2) The certificate must state the date or dates, within
the relevant period, on which the person was vaccinated or revaccinated against
yellow fever.
(3) For subregulation (2), the relevant period
means the period from 10 years before the day the person arrives in Australia,
Christmas Island or the Cocos Islands to 10 days before that day.
(4) For each date when the person is certified as
vaccinated or revaccinated against yellow fever, the certificate must:
(a) be signed personally:
(i) for certificates signed in
Australia, Christmas Island or the Cocos Islands, by a medical practitioner who
is approved by a State or Territory public health authority to sign
international certificates; or
(ii) if subparagraph (i) does not
apply, by a person who is authorised by the national health administration of
the country where the certificate is signed; and
(b) state the office or professional status of
the person who signed the certificate; and
(c) display the official stamp of a vaccinating
centre approved by a national health administration for vaccinating persons
against yellow fever in the country where the person was vaccinated or
revaccinated; and
(d) show that the
vaccine with which the person was vaccinated or revaccinated was manufactured
by an authority approved by the World Health Organization for manufacturing
vaccine for the vaccination of persons against yellow fever.
Note For the meaning of health
administration, see regulation 4.
Part 4 Performance of quarantine
Division 1 Orders into quarantine
36 Orders
must be in writing
An order into quarantine given to a person under
the Act or these Regulations must be in writing.
Note The order may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
37 Persons to whom orders may be given
(1) This regulation applies to an order into quarantine
under the following provisions:
(a) subsection 35A (3) of the Act;
(b) paragraph 44C (2) (a) of the Act;
(c) subsection 44D (2) or 52 (4) of the
Act;
(d) paragraph 52A (2) (a) or
53 (2) (a) of the Act;
(e) subsection 54 (2) or (3) of the Act;
(f) paragraph 55A (1) (b) or
66AA (1) (g) of the Act;
(g) regulation 47.
(2) The order may be given:
(a) in relation to a person who has turned 18
and is ordered into quarantine — to the person; and
(b) in relation to a person who has not turned
18 — to a parent or guardian of the person; and
(c) in relation to an animal or plant, or other
goods, ordered into quarantine — to the importer or any person having
possession or custody of the animal, plant or other goods; and
(d) in relation to a person, animal or plant, or
other goods, on board a vessel or installation — to the master of the
vessel or installation.
38 Prescribed
disease and period (Act s 35 (1A))
For subsection
35 (1A) of the Act:
(a) yellow fever is a prescribed disease; and
(b) the prescribed period is from 10 years before
the day the person arrives in Australia, Christmas Island or the Cocos Islands
to 10 days before that day.
Note Subsection 35 (1A) of the Act
provides that a quarantine officer may order a person into quarantine in the
circumstances mentioned in the subsection.
39 Vessels and installations arriving from
declared places
For subsections
35 (2) and (2A) of the Act, a quarantine officer must not order a vessel
or installation into quarantine if the quarantine officer:
(a) inspects the vessel or installation; and
(b) makes the inquiries that the officer
considers necessary; and
(c) is satisfied the vessel or installation is
not a danger to public health.
Note For the meaning of declared
place, see section 12 of the Act.
39A Notices
to the Director of Human Quarantine
A notice given to the Director of Human Quarantine
under paragraph 35 (1C) (b), 35AA (4A) (b) or 35A (3B) (b) of the Act must
contain the following information:
(a) a unique identifying number issued by the
Director of Human Quarantine;
(b) the name of the person who has been ordered
into quarantine;
(c) the day on which the person was ordered into
quarantine;
(d) the section of the Act under which the person
was ordered into quarantine;
(e) the suspected disease;
(f) the person’s date of birth;
(g) the person’s sex;
(h) the number, and country of issue, of the
person’s passport;
(i) the place where the person is held in
quarantine;
(j) the person’s contact details;
(k) the place from which the person departed, and
details of any stopovers, on the person’s voyage to Australia, Christmas Island
or the Cocos Islands;
(l) contact details for any person travelling
with the person;
(m) the name of the quarantine officer who
ordered the person into quarantine, and that officer’s identity card number.
Note Paragraphs 35 (1C) (b),
35AA (4A) (b) and 35A (3B) (b) of the Act require a
quarantine officer (human quarantine) who orders a person into quarantine under
subsection 35 (1A), 35AA (3) or (4) or 35A (3), respectively, to
notify the Director of Human Quarantine, in writing, of the order as soon as
practicable.
40 Prescribed
laws (Act s 46A)
For section 46A of the Act:
(a) the Commonwealth laws mentioned in
Schedule 1 are prescribed; and
(b) the State and Territory laws mentioned in
Schedule 2 are prescribed.
Note 1 Under subparagraphs
46A (3) (a) (iii) and (iv) of the Act, a person who applies for
approval of a place for treating or dealing with goods that are subject to
quarantine may be required to make and sign a written declaration stating
whether the person has been convicted of an offence against a law prescribed
for the purposes of section 46A of the Act.
Note 2 Under subparagraphs
46A (9) (f) (iii) and (iv) of the Act, approval of a place for
treating or dealing with goods that are subject to quarantine may be suspended
or revoked if a relevant person is convicted of an offence against a law
prescribed for the purposes of section 46A of the Act.
Division 2 Release from quarantine
41 Certificate
of release
A certificate of release given to a person under
subsection 35B (1) of the Act must contain the following information:
(a) the name of the person being released from
quarantine;
(b) a unique identifying number matching the
identifying number of the notice ordering the person into quarantine;
(c) the place where the person was being held in
quarantine;
(d) the day on which the person was ordered into
quarantine;
(e) the day on which the person is being
released from quarantine;
(f) the reason the person was ordered into
quarantine;
(g) the name and title of the quarantine officer
authorising the release.
Division 3 Quarantine surveillance of persons
42 Quarantine
surveillance periods
(1) For subsection 34 (3) of the Act, the
prescribed period is 30 days.
Note Subsection 34 (3) of the Act
provides that certain persons continue to be subject to quarantine until such
period as is prescribed, and, while so subject, are under quarantine
surveillance and must comply with the regulations relating to quarantine
surveillance.
(2) A person ordered into quarantine under section 35,
35AA or 35A of the Act, and released under quarantine surveillance, remains
under quarantine surveillance for the period mentioned in subregulation (3) for
the disease for which the person was ordered into quarantine.
(3) For subregulation (2), the following periods apply:
(a) for cholera — 5 days;
(b) for plague — 7 days;
(c) for rabies — 14 days;
(d) for severe acute respiratory syndrome
(SARS) — 10 days;
(e) for smallpox — 21 days;
(f) for viral haemorrhagic fever — 21 days;
(g) for yellow fever — 6 days;
(h) for active pulmonary tuberculosis — 12
weeks;
(i) for any
other disease — 30 days.
Note 1 Cholera, plague, rabies, SARS,
smallpox, viral haemorrhagic fevers and yellow fever are declared to be
quarantinable diseases under:
(a) section 21 of the Quarantine Proclamation 1998;
and
(b) section 11 of the Quarantine (Cocos Islands)
Proclamation 2004; and
(c) section 11 of the Quarantine (Christmas Island)
Proclamation 2004.
Note 2 See subsections 35AA (5) and 45
(3) of the Act in relation to the release of a person under quarantine
surveillance.
(4) A period mentioned in subregulation (1) or (3)
starts at the end of the last day when, in the opinion of a quarantine officer
(human quarantine) the person was, or might have been, exposed to infection by
a quarantinable disease, a communicable disease or active pulmonary
tuberculosis.
43 Medical
examination
(1) A quarantine officer may, by notice to a person
subject to quarantine, require the person to submit to a medical examination by
a medical practitioner identified in the notice within the period stated in the
notice.
Note For notices, see regulation 77.
(2) The person must:
(a) comply with the notice within the period
stated in the notice; and
(b) if a symptom of illness or other disease
appears in the person, immediately report the symptom to the medical
practitioner.
Note 1 For the meaning of illness,
see regulation 4.
Note 2 For the penalty for non‑compliance
with this regulation by persons who are subject to quarantine and under
quarantine surveillance, see subsection 34 (3) or 45 (4) of the Act.
44 Cost
of medical services
(1) The Commonwealth is
not liable to pay medical expenses incurred for:
(a) the attendance of the person before the
medical practitioner mentioned in regulation 43; or
(b) the examination of the person by the medical
practitioner; or
(c) any other medical service received by the
person from the medical practitioner.
(2) However, if a person fails to pay the amount, or
part of the amount, of medical expenses mentioned in subregulation (1) incurred
by the person, the Minister may pay that amount, or that part of the amount,
for the person out of money made available for the purpose by the Parliament.
(3) An amount paid for a person under subregulation (2)
is a debt due to the Commonwealth and may be recovered from the person by
action in a court of competent jurisdiction.
45 Change
of residence
A person under quarantine surveillance must not
change his or her residence, or leave the State or Territory in which the
person is located, unless a quarantine officer has given the person permission
in writing to do so.
Note 1 Permission may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
Note 2 For non‑compliance with this
regulation by persons who are subject to quarantine and under surveillance, see
subsection 34 (3) or 45 (4) of the Act.
46 Conditions
of quarantine surveillance
(1) A person who is under quarantine surveillance must
comply with any conditions imposed on the quarantine surveillance, by written
notice given to the person, by a quarantine officer (human quarantine).
(2) Conditions that may be imposed include any of the
following:
(a) that the person be confined to, or remain
at, a place specified in the notice;
(b) the frequency with which the person must
monitor and record his or her temperature;
(c) restrictions on the travel that the person
may undertake;
(d) that the person is not to receive visitors;
(e) the frequency with which the person must
report to public health officials;
(f) that the person must report to public
health officials:
(i) if his or her temperature is 38° or higher; or
(ii) in the case of a person who has
been released from quarantine — if another person in the person’s
household develops symptoms of the illness or disease for which the person was
ordered into quarantine; or
(iii) in the case of a person who is
under quarantine surveillance under subsection 34 (3) of the Act — if
another person in the person’s household develops symptoms of an illness or
disease specified in the notice;
(g) that the person take measures mentioned in
the notice to minimise the risk of illness or disease spreading to other people
in the person’s household.
Examples for paragraph (g)
1. Wearing a mask if another person is
present in the same room as the person.
2. Not sharing personal items such as
cups or towels.
3. Observing
good hygiene practices such as washing hands.
4. Sleeping in a different room from
other members of the household.
Note For non‑compliance with this
regulation by persons who are under quarantine surveillance, see subsections 34
(3) and 45 (4) of the Act.
47 Person
under quarantine surveillance ordered into quarantine
(1) This regulation applies in relation to a person who
has been released under quarantine surveillance.
(2) A quarantine officer may order the person into
quarantine if:
(a) the person
fails to comply with a requirement of the Act, or these Regulations, in
relation to quarantine surveillance, and the officer is satisfied that if the
person were not ordered into quarantine there would be a danger to public
health; or
(b) the person displays symptoms of a
quarantinable disease.
Part 5 Importation of goods
Division 1 Preliminary
48 Definitions
for Part 5
In this Part:
goods imported into Australia includes goods
imported into Australia from the Cocos Islands or from Christmas Island.
goods imported into Christmas Island includes
goods imported into Christmas Island from Australia or from the Cocos Islands.
goods imported into the Cocos Islands
includes goods imported into the Cocos Islands from Australia or from Christmas
Island.
Division 2 Notice of importation
49 Exempt
goods
For subsection
16AC (3) of the Act, subsection 16AC (2) of the Act does not apply to
goods imported:
(a) as the accompanied baggage of a person who
travels to Australia, Christmas Island or the Cocos Islands on an overseas
vessel or installation; or
(b) in mail, if
the goods:
(i) are not goods of a kind that are
prescribed under paragraph 68 (1) (e) of the Customs Act 1901;
and
(ii) have a value of not more than
$1 000, or such other amount as is prescribed for subparagraph 68 (1)
(e) (ii) of the Customs Act 1901.
Note Section 16AC of the Act deals with
giving notice of proposed importation of goods into Australia, Christmas Island
or the Cocos Islands.
50 Manner
of giving notice and information required
(1) For subsection
16AC (4) of the Act, notice under subsection 16AC (1) or (2) of the
Act must be given in writing to a quarantine officer or an officer of Customs.
Note The notice may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
(2) The information that, subject to regulations 51 and
52, must be given in the notice is set out in the following table:
|
Item
|
Information
|
|
1
|
The name and address of the owner of the goods
|
|
2
|
The name and address of the importer of the goods (if the
owner is not the importer)
|
|
3
|
The name of the supplier of the goods
|
|
4
|
The country of origin of the goods
|
|
5
|
The time of arrival, or estimated time of arrival, of the
goods
|
|
6
|
The identification of the vessel or installation that
conveyed the goods to Australia, Christmas Island or the Cocos Islands
|
|
7
|
The port where the vessel or installation first arrives in
Australia, Christmas Island or the Cocos Islands (if known)
|
|
8
|
The overseas port of loading
|
|
9
|
The port where the goods are unloaded or discharged
|
|
10
|
The port of intended final destination of the goods
|
|
11
|
The number of bill of lading, master airway bill or house
bill for the goods
|
|
12
|
The number of packages of the goods
|
|
13
|
The type of package or packages
|
|
14
|
The shipping marks (if any) for the goods
|
|
15
|
The container number or numbers (if any) of each container
containing the goods
|
|
16
|
Customs import entry number (if any) of the goods
|
|
17
|
The description of the goods including the predominant
material from which the goods are made
|
|
18
|
The port of lodgment of the Customs import entry (if any)
|
|
19
|
The Harmonised Tariff Item Statistical Code (HTISC) (if
known) for the goods
|
|
20
|
The name of the brokerage company (if any) for the
importation
|
|
21
|
The reference number of the brokerage company (if any)
|
|
22
|
The registration number (if any) allocated by a Director
of Quarantine for an overseas treatment provider for the goods
|
51 Low‑value
goods
(1) This regulation
applies in relation to goods (other than goods prescribed for paragraph
68 (1) (f) of the Customs Act 1901) imported into Australia,
Christmas Island or the Cocos Islands that:
(a) are consigned (otherwise than by post) by
one person to another; and
(b) are transported to Australia, Christmas
Island or the Cocos Islands in the same vessel or installation; and
(c) have a value not exceeding $1 000, or
such other amount as is prescribed for subparagraph
68 (1) (f) (iii) of the Customs Act 1901.
(2) Notice under subsection 16AC (1) or (2) of the
Act must be given in writing by giving to a quarantine officer or an officer of
Customs:
(a) a notice mentioned in regulation 50; or
(b) a notice containing the matters mentioned in
the following table:
|
Item
|
Information
|
|
1
|
The name and address of the importer of the goods
|
|
2
|
The name and address of the owner of the goods (if the
owner is not the importer)
|
|
3
|
The identification of the vessel or installation that
conveyed the goods to Australia, Christmas Island or the Cocos Islands, or
its voyage number
|
|
4
|
The name of the place from where the vessel or
installation brought the goods to Australia, Christmas Island or the Cocos
Islands
|
|
5
|
The port where the vessel or installation first arrives in
Australia, Christmas Island or the Cocos Islands (if known)
|
|
6
|
The port where the goods are unloaded or discharged
|
|
7
|
The port of intended final destination of the goods
|
|
8
|
The date of arrival of the vessel or installation
|
|
9
|
The name and address of the owner of the goods
|
|
10
|
The description of the goods including the predominant
material from which the goods are made
|
|
11
|
The Harmonised Tariff Item Statistical Code (HTISC) (if
known) for the goods
|
|
12
|
The signature of the importer or the importer’s agent
|
|
13
|
The location of the place nominated for the inspection of
the goods
|
Note The notice may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
53 When
lodgment of entry constitutes giving notice
For subsection
16AC (5) of the Act, for goods imported into Australia, Christmas Island
or the Cocos Islands, entering the goods for home consumption, warehousing or
transhipment constitutes giving notice under subsection 16AC (1) or (2) of
the Act for the goods if the entry:
(a) is made or transmitted under section 71A of
the Customs Act 1901; and
(b) is communicated to Customs under section 71K
or 71L of that Act; and
(c) contains the information required by Customs
to be included in an entry of that kind including a document or information
required under section 71D of that Act.
54 Certain
manifests taken to constitute notice of importation into Australia, Christmas
Island or the Cocos Islands
(1) Subregulation (2)
applies to:
(a) empty containers; and
(b) goods imported as the unaccompanied baggage
of a person who travels to Australia, Christmas Island or the Cocos Islands on
an overseas vessel or installation.
(2) For subsection
16AC (5) of the Act, giving a copy of the manifest of the vessel or
installation on which the containers or goods are imported is taken to
constitute giving notice under subsection 16AC (1) or (2) of the Act
for the containers or goods if the manifest:
(a) is given to a quarantine officer; and
(b) is complete
and accurate in its information about the containers or goods.
Note For the meaning of container,
see regulation 4.
55 Certain
manifests taken to constitute notice of importation into Christmas Island or
the Cocos Islands
(1) Subregulation (2)
applies to:
(a) goods imported into Christmas Island or the
Cocos Islands from Australia; and
(b) goods mentioned in regulation 51 or 52 or in
paragraph 54 (1) (a) or (b) that are imported into Christmas Island
or the Cocos Islands.
(2) For subsection 16AC (5) of the Act, giving a
copy of the manifest of the vessel or installation on which the goods are
imported is taken to constitute giving notice under
subsection 16AC (1) or (2) of the Act if the manifest:
(a) is given to a quarantine officer in Christmas
Island or the Cocos Islands; and
(b) is complete and accurate in its information
about the goods.
Division 3 Processing of release of goods
56 Division
does not apply to certain baggage and mail
This Division does not apply to goods mentioned in
regulation 49.
57 Release
and examination
(1) A notice that goods are released from quarantine, or
released under quarantine surveillance, must be given in writing.
Note The notice may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
(2) A notice that further
information, or an examination of the goods, is required before the goods are
released from quarantine, or released under quarantine surveillance, must be
given in writing.
Note 1 The notice may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
Note 2 For a notice that further
information is required, see section 16AD of the Act.
Part 6 Infringement notice offences and infringement notices
Division 1 Infringement notice offences
58 False
or misleading Incoming Passenger and Master and Crew Declaration Cards
(1) A person must not
give, to a question about a quarantine matter on an Incoming Passenger Card or
a Master and Crew Declaration Card, a false or misleading answer (even if the
answer is in relation to somebody else).
Penalty: 10 penalty units.
(2) Strict liability, within the meaning of section 6.1
of the Criminal Code, applies to an offence against subregulation (1).
(3) For subregulation (1):
answer includes an answer given by marking a
square printed on a card for that purpose.
Incoming Passenger Card means a card in the
form approved from time to time as the Incoming Passenger Card for Australia,
Christmas Island or the Cocos Islands, by a Director of Quarantine.
Master and Crew Declaration Card means a card
in the form approved from time to time as the Master and Crew Declaration Card
for Australia, Christmas Island or the Cocos Islands, by a Director of
Quarantine.
(4) Nothing in subregulation (3) prevents the approval,
as an Incoming Passenger Card or a Master and Crew Declaration Card, of a card
in a form that:
(a) is also approved for another purpose under a
law of the Commonwealth; or
(b) contains questions about matters arising
under a law of the Commonwealth other than the Act or these Regulations.
Division 2 Infringement
notices
59 Definitions for Division 2
In this Division:
infringement notice means a notice under
regulation 60.
infringement notice offence means:
(a) a contravention of subsection 70A (3)
or (4) of the Act at a landing place, a section 20AA place or a first port of
entry; or
(b) a contravention of subregulation 58 (1).
Note For a list of landing places and
first ports of entry, see Part 2 of each of the following:
(a) Quarantine Proclamation 1998;
(b) Quarantine (Cocos Islands) Proclamation 2004;
(c) Quarantine (Christmas Island) Proclamation 2004.
prescribed penalty means:
(a) in relation to an infringement notice
offence involving goods that:
(i) are prohibited for importation
into Australia, Christmas Island or the Cocos Islands by a Proclamation under
section 13 of the Act; and
(ii) are subject to forfeiture under
section 68 of the Act — 2 penalty units; or
(b) in any other case — 1 penalty unit.
quarantine clearance area means an area where
functions under the Act or these Regulations are performed at a landing place,
a section 20AA place or a first port of entry.
section 20AA place means a place specified in
a notice given under section 20AA of the Act.
60 When infringement notices may be
served
(1) If there are reasonable grounds to believe that a
person has committed an infringement notice offence, a quarantine officer may
cause an infringement notice to be served on the person.
(2) However, if a person
who is alleged to have contravened subsection 70A (3) or (4) of the Act
leaves the port, place of entry or section 20AA place where the contravention
is alleged to have occurred without an infringement notice being served on him
or her for the contravention, an infringement notice for the contravention must
not be served on him or her later.
61 Name and address of persons on
whom infringement notices are served
If an infringement notice is served on a person, a
quarantine officer may require the person:
(a) to give to the quarantine officer the
person’s name and address in Australia, Christmas Island or the Cocos Islands;
and
(b) to show to the quarantine officer evidence of
the person’s identity.
62 Withdrawal of infringement
notices
If an infringement
notice is served on a person, a quarantine officer may withdraw the notice by
notice in writing served on the person, at any time before:
(a) the person leaves the quarantine clearance
area; or
(b) if a further period has been allowed under
subregulation 64 (2), the end of that period.
Note The withdrawal notice may, in
certain circumstances, be given electronically — see the Electronic
Transactions Act 1999.
63 What
must be in infringement notices
(1) An infringement
notice must:
(a) be identified by an unique identifying
number; and
(b) give the name of, and be signed by, the
quarantine officer who issued the notice; and
(c) state the date of issue of the notice; and
(d) if the quarantine officer knows the name and
address in Australia, Christmas Island or the Cocos Islands of the person to
whom the notice is issued, state the person’s name (or surname and initials)
and address in Australia, Christmas Island or the Cocos Islands; and
(e) give brief details of the offence alleged to
have been committed, including:
(i) the date of the offence; and
(ii) where the offence happened; and
(iii) the provision of the Act, or
these Regulations, to which the offence relates; and
(f) state the prescribed penalty payable under
the notice; and
(g) state where and how the penalty must be
paid; and
(h) tell the person to whom the notice is issued
that if he or she is prosecuted in court and found guilty of the offence, he or
she may be convicted of the offence and ordered to pay a penalty and costs, and
be subject to any other order made by the court; and
(i) tell the person the greatest penalty that a
court could impose for the offence; and
(j) tell the person that, if he or she does not
wish to have the matter dealt with by a court, he or she must (unless a
quarantine officer allows the person more time to pay) pay the prescribed
penalty before leaving the quarantine clearance area; and
(k) tell the person that he or she can ask a
quarantine officer for more time to pay; and
(l) tell the person that if he or she pays the
penalty before leaving the quarantine clearance area, or before any later time
allowed for the purpose by a quarantine officer (unless the infringement notice
is later withdrawn):
(i) the person’s liability (if any)
for the offence will be discharged; and
(ii) the person cannot be prosecuted in
a court for the offence; and
(iii) the person will not be taken to
have been convicted of the offence; and
(m) set out how the notice can be withdrawn, and
state that, if the notice is withdrawn:
(i) any amount of penalty paid under
the notice must be refunded; and
(ii) the person may be prosecuted in a
court for the offence.
(2) An infringement notice may contain any other
information that the quarantine officer who serves the notice reasonably
considers to be necessary.
64 When
prescribed penalty to be paid
(1) The person on whom an infringement notice is served
must pay the prescribed penalty payable under the notice before he or she
leaves the quarantine clearance area.
(2) However, if a quarantine officer reasonably
considers that it is proper to allow the person more time to pay, the officer
may do so (whether or not the person has asked for more time to pay).
(3) The officer may do so whether or not the person has
left the quarantine area.
(4) If the officer allows more time, the officer must
tell the person, in writing, that the officer has done so, and when the time so
allowed ends.
Note The officer may, in certain
circumstances, tell the person electronically — see the Electronic
Transactions Act 1999.
65 What
happens if prescribed penalty is paid
If the person on
whom an infringement notice is served pays the prescribed penalty payable under
the notice before he or she leaves the quarantine clearance area, or any later
time allowed by an officer under subregulation 64 (2), then, unless the
notice is later withdrawn:
(a) the person’s liability (if any) in respect
of the offence alleged in the notice is discharged; and
(b) no further proceedings may be taken against
the person for the alleged offence; and
(c) the person is not taken to have been
convicted of the offence.
66 Refund of prescribed penalty if
notices are withdrawn
If:
(a) an infringement notice has been served on a
person; and
(b) the person has paid the prescribed penalty in
accordance with the notice; and
(c) the notice is later withdrawn;
a quarantine officer must arrange for the refund to the person of
an amount that is equal to the amount paid by the person.
67 Multiple
infringement notices for single offence
This Part does not prevent more than one
infringement notice being served on a person for the same infringement notice
offence, but regulation 65 applies to the person if the person pays the
prescribed penalty in accordance with one of the infringement notices.
68 Payments made by cheque
If a cheque is offered as payment of all or part of
the amount of a prescribed penalty stated in an infringement notice, payment is
taken not to have been made unless the cheque is honoured upon presentation.
69 Effect
of Part on institution and prosecution of proceedings
Nothing in this
Part:
(a) requires an infringement notice to be served
on a person in relation to an infringement notice offence; or
(b) affects the liability of a person to be
prosecuted for an infringement notice offence if the person does not comply
with an infringement notice; or
(c) affects the liability of a person to be
prosecuted for an infringement notice offence if an infringement notice is not
served on the person in relation to the offence; or
(d) affects the liability of a person to be
prosecuted for an infringement notice offence if an infringement notice is
served and withdrawn; or
(e) limits the amount of the fine that may be
imposed by a court on a person convicted of an infringement notice offence.
Part 6A Import risk analysis
69A Scope
of Part 6A
This Part deals with import risk analysis.
Note 1 The Chief Executive may make
an administrative decision to conduct a risk analysis under this Part.
Note 2 An IRA may be taken into
account in a decision as to whether an import permit may be granted under the
Act, but is not a precondition on the grant of such a permit (see subregulation
69C (4)).
69B Definitions
for Part 6A
In this Part:
Biosecurity Australia means the body that is
a prescribed Agency under the Financial Management and Accountability
Regulations 1997 and located in the Department of Agriculture, Fisheries
and Forestry.
Chief Executive means the person occupying,
or performing the duties of, the office within the Department of Agriculture,
Fisheries and Forestry known as Chief Executive of Biosecurity Australia.
Eminent Scientists Group means those
independent persons appointed by the Secretary to examine and comment on drafts
of IRA reports before they are published.
expanded IRA is an IRA that involves the
steps in subregulation 69C (2).
import risk analysis, or IRA,
means a risk analysis conducted under this Part.
proposer means the person who proposes the
importation into Australia of plants, animals or other goods that are the
subject of an IRA.
risk analysis means the assessment of the
level of quarantine risk associated with the importation, or the proposed
importation, of animals, plants or other goods and, where necessary, the
identification of risk management options to limit the level of quarantine risk
to 1 that is acceptably low.
standard IRA is an IRA that involves the
steps in subregulation 69C (1).
69C Steps
in an IRA
(1) A standard IRA must include the following steps:
(a) the Chief Executive giving public notice of
the start of the IRA;
(b) Biosecurity Australia preparing and
publishing a report to communicate the preliminary results of the IRA (draft
IRA report);
(c) Biosecurity Australia inviting the public to
provide submissions on the draft IRA report;
(d) Biosecurity Australia considering submissions
received from the public and preparing and publishing a report to communicate
the final results of the IRA (provisional final IRA report).
(2) An expanded IRA must include the following steps:
(a) the Chief Executive giving public notice
of:
(i) the start of the IRA; and
(ii) whether a paper setting out issues
that will assist with the assessment of the level of quarantine risk for the
proposed importation (issues paper) will be produced by
Biosecurity Australia;
(b) if an issues paper is produced, Biosecurity
Australia preparing and publishing that paper;
(c) if an issues paper is produced, Biosecurity
Australia inviting the public to provide submissions on the issues paper;
(d) Biosecurity Australia considering submissions
received in response to an invitation under paragraph (2) (c) and
preparing and publishing a draft IRA report;
(e) Biosecurity Australia inviting the public to
provide submissions on the draft IRA report;
(f) Biosecurity Australia considering
submissions received from the public and revising the draft IRA report;
(g) the Eminent Scientists Group examining and
commenting on the draft IRA report;
(h) Biosecurity Australia considering the
Eminent Scientists Group’s comments and preparing and publishing a provisional
final IRA report.
(3) For an IRA, a failure to comply with a step required
by subregulation (1) or (2) does not affect the validity of a report published
by Biosecurity Australia in respect of the IRA.
(4) The preparation and publication of a report under
this Part is not required before a decision can be made as to whether an import
permit may be granted under the Act.
Note 1 A provisional final IRA
report may be the subject of non‑statutory review by an IRA Appeal Panel
administered by the Department of Agriculture, Fisheries and Forestry. It will
be a final report when such review is no longer available or, if such review is
undertaken, when that review has been completed and any findings of the Panel
taken into account.
Note 2 The Chief Executive may make
an administrative non‑statutory decision to conduct a risk analysis to
which this Part will apply. If the Chief Executive chooses to conduct an IRA,
he or she may determine whether it will be conducted in accordance with
subregulation (1) or (2).
69D Time
limits for submissions and comments
(1) Submissions from the public under paragraphs
69C (1) (c), (2) (c) and (2) (e) must be provided within
the period specified in the invitation.
(2) The period specified in the invitation must be no
more than 60 days from and including the day the invitation is published.
(3) If the Chief Executive considers that members of the
public may not have a reasonable opportunity to consider a draft IRA report,
the Chief Executive may extend the time for public submissions once, for no
more than an additional 60 days.
(4) Comments on a draft IRA report under paragraph
69C (2) (g) must be provided by the Eminent Scientists Group no more
than 60 days from and including the day the report is received by the Chair of
the Group for examination.
69E Time
limits for completing IRAs
(1) A standard IRA must be completed within the period
of 24 months commencing on the day public notice of its start was given.
(2) An expanded IRA must be completed within the period
of 30 months commencing on the day public notice of its start was given.
Note In calculating the time under
subregulations 69E (1) and (2), the periods of time mentioned in
regulation 69H should be disregarded.
69F Failure
to complete within time limits
For an IRA, a failure to comply with the time
limits set by regulations 69D and 69E does not affect the validity of a report
published by Biosecurity Australia in respect of the IRA.
69G Circumstances
affecting completion of an IRA
(1) If the Chief Executive believes that further
information is essential to complete an IRA and that a proposer or another
person can provide the information, the Chief Executive may request, in
writing, that the proposer, or the other person, provide the information.
(2) If the Chief Executive believes that it is essential
to undertake research, or to seek substantial expert advice, to complete an
IRA, the Chief Executive may commission the research or advice.
(3) The Chief Executive may decide that a significant
national or international quarantine circumstance exists that limits
Biosecurity Australia’s ability to complete an IRA within the time required
under subregulation 69E (1) or (2).
69H Certain
periods of time to be disregarded
(1) For the purpose of calculating the time taken to
complete an IRA under subregulation 69E (1) or (2), the time covered by a
notice published under this regulation is to be disregarded.
(2) The Chief Executive may publish a notice for the
IRA stating:
(a) that the counting of time for subregulation
69E (1) or (2) is to stop because of an action or a decision under
regulation 69G affecting completion of the IRA; and
(b) the day the counting of time for
subregulation 69E (1) or (2) is to stop, not being a day before the day
the notice is published; and
(c) the action or decision taken by the Chief
Executive under regulation 69G in respect of the IRA; and
(d) the day the counting of time for
subregulation 69E (1) or (2) is to restart (restart day).
(3) The Chief Executive may change the restart day to an
earlier or later day than the day stated in the notice, or take action under
regulation 69J, after considering the following matters:
(a) if a request was made under subregulation
69G (1), whether the proposer or other person has provided an adequate
response to the request;
(b) if research or expert advice was commissioned
under subregulation 69G (2), whether adequate research or advice has been
obtained;
(c) if a decision is made under subregulation
69G (3), whether the circumstance still exists.
(4) If the Chief Executive decides to change the restart
day under subregulation (3), the Chief Executive must publish a notice stating
the changed restart day and the reasons for the changed restart day.
69I Publication
(1) A notice under paragraphs 69C (1) (a) and
(2) (a), and an invitation under paragraphs 69C (1) (c),
(2) (c) and (2) (e), must be published on Biosecurity Australia’s
website.
(2) A notice under paragraphs 69C (1) (a) and
(2) (a) must state if a standard IRA or an expanded IRA will be conducted
and, for an expanded IRA, if an issues paper will be produced.
(3) An invitation under paragraphs 69C (1) (c)
and (2) (e) must state where a draft IRA report has been published, invite
written submissions on that report and specify the closing day for submissions
in accordance with regulation 69D.
(4) An invitation under paragraph 69C (2) (c)
must state where an issues paper has been published, invite written submissions
on that paper and specify the closing day for submissions in accordance with
regulation 69D.
(5) A report or issues paper under paragraph
69C (1) (b) or (d), or 69C (2) (b), (d), or (h), or a notice
under regulation 69H or 69J, must be published on Biosecurity Australia’s
website.
69J Termination
of an IRA
(1) An IRA may be terminated at any step if:
(a) a proposer notifies Biosecurity Australia in
writing that the proposer no longer wishes to proceed with the proposal
to import; or
(b) despite requesting information under
subregulation 69G (1), or commissioning research or advice under
subregulation 69G (2), the Chief Executive determines that insufficient
information is available to complete the IRA satisfactorily and notifies the
proposer in writing accordingly; or
(c) for an IRA that does not have a proposer,
the Chief Executive decides to terminate the IRA.
(2) Before the IRA is terminated under paragraph
(1) (b), the Chief Executive must notify the proposer, in writing, that
the IRA has proceeded as far as possible on the available information and
cannot be completed.
(3) The Chief Executive must publish a notice of a termination
of an IRA under this regulation.
69K Risk
analysis that has been started
(1) If a risk analysis other than an IRA has been
started either before or after the commencement of this Part, the Chief
Executive may elect to continue that risk analysis as an IRA.
(2) In making the election, the Chief Executive may
decide to omit any steps required under regulation 69C that have been completed
before the election.
(3) The Chief Executive must publish a notice of the
election on Biosecurity Australia’s website, stating:
(a) if a standard IRA or an expanded IRA is to
be conducted; and
(b) the steps that are to be omitted under
subregulation (2).
(4) The time limits in subregulations
69E (1) and (2) are to be calculated for the IRA from the day the Chief
Executive publishes the notice.
Part 7 Miscellaneous
Division 1 Permits required under a Quarantine Proclamation
69Z Definitions
In this Division:
Quarantine Proclamation means:
(a) the Quarantine Proclamation 1998; or
(b) the Quarantine (Cocos Islands) Proclamation 2004;
or
(c) the Quarantine (Christmas Island) Proclamation
2004.
70 Permit
applications
(1) An application for a permit under a Quarantine
Proclamation must be in writing in a form approved by a Director of Quarantine.
Note The application may, in certain
circumstances, be made electronically — see the Electronic Transactions
Act 1999.
(2) An application mentioned in subregulation (1)
must be made to a Director of Quarantine.
71 Numbering
for permits
If a permit is
granted under a Quarantine Proclamation, a Director of Quarantine must:
(a) mark an identifying number on the permit and
give the permit to the applicant; or
(b) allocate an identifying number to the permit
and give the number to the applicant.
Division 2 Compliance agreements
72 Documentation
and undertakings
(1) For subsection 66B (2) of the Act, a compliance
agreement must:
(a) describe the records that must be created,
and the documents that must be kept, by the other party for:
(i) the procedures for goods mentioned
in the agreement; and
(ii) supervising, monitoring, and
testing the compliance with, those procedures by the other party; and
(b) describe the examinations or services that
are to be conducted by the Commonwealth under the agreement to monitor and test
compliance with the agreement by the other party, for which the Commonwealth
will charge a fee; and
(c) require the other party:
(i) to keep records and documents
mentioned in paragraph (a) at the premises where the procedures authorised by
the agreement are conducted; or
(ii) to provide the records and
documents to a quarantine officer on request by the officer within such time as
is allowed under the agreement, subject to any other conditions set out in the
agreement.
(2) In this regulation:
other party means a party, except the
Commonwealth, to the compliance agreement.
73 Who
may sign compliance agreements
A compliance
agreement may be signed for a body corporate by a director, manager or senior
executive of the body corporate who:
(a) has responsibility for the business
operations of the body corporate; and
(b) is authorised to enter into contracts for the
body corporate.
74 Other
provisions of compliance agreements not affected
The provisions of a compliance agreement mentioned
in this Division are in addition to any other provision of the agreement.
Division 3 Forfeiture and seizure of animals, plants and other goods
75 Prescribed
period (Act s 68 (9))
For subsection 68 (9) of the Act, notice must
be given within 60 days after a Director of Quarantine first becomes aware that
section 68 of the Act applies to the goods.
Note Section 68 of the Act deals with
animals, plants or other goods imported, introduced, brought into port or
removed in contravention of the Act.
76 Notice
of seizure
(1) An officer or a police officer who seizes an animal,
plant or other goods under section 69 of the Act must as soon as practicable
give a notice to the importer, owner or person in control of the animal, plant
or other goods.
(2) The notice must:
(a) state that the animal, plant or other goods
have been seized; and
(b) identify the place where they have been, or
will be, taken.
Note For notices, see regulation 77.
Division 4 Giving information and producing documents
77 Notices
generally
Unless the contrary intention appears, notice given
to a person under these Regulations must be in writing.
Note Notices may, in certain
circumstances, be given electronically — see the Electronic
Transactions Act 1999.
78 Information
given to Director or officers
(1) Information in writing that is required or permitted
to be given to a Director of Quarantine, an officer or a quarantine officer is
taken to have been given to the Director or officer if the information or
document is left at, or sent by pre‑paid post to, the principal office of
the Department in a State, the Australian Capital Territory, the Northern
Territory, Christmas Island or the Cocos Islands.
(2) If the information referred to in
subregulation (1) is given by means of an electronic communication, it is
taken to have been given to the Director or officer if the information is
communicated to AQIS.
Note For further rules about giving
documents to persons, see section 28A of the Acts Interpretation Act 1901.
79 Information
given to masters of vessels or installations
Information that,
for the Act or these Regulations, is required or permitted to be given to the
master of a vessel or installation is taken to have been given to the master:
(a) where there is no person apparently in
charge of the vessel or installation — if it is left on the vessel or
installation with a person who appears to be a crew member of the vessel or
installation aged at least 16; or
(b) where it is
not required to be in writing — if it is sent to the vessel or installation
by an internationally recognised, or other appropriate, means of communication.
Note If there is more than 1 person
apparently in charge of a vessel or installation, see subsection 5 (2) of
the Act.
Division 5 Saving, transitional and repeal provisions
80 Saving
and Transitional
(1) Despite the repeal by these Regulations of the Quarantine
(General) Regulations 1956, an authorisation under subregulation
34 (1) of those Regulations that is in force immediately before the
commencement of this regulation continues to have effect, and regulations 27
and 28 of these Regulations do not apply to an action taken in accordance with
the authorisation.
(2) An action mentioned in column 1 in the following
table that is taken under the provision of the Quarantine (General)
Regulations 1956 mentioned in column 2 of the table, as in force
immediately before the commencement of this regulation, is taken to be the
corresponding action mentioned in column 3 of the table taken under the
provision of these Regulations mentioned in column 4 of the table:
|
Column 1
|
Column 2
|
Column 3
|
Column 4
|
|
Quarantine (General) Regulations 1956
|
These Regulations
|
|
Action
|
Provision
|
Action
|
Provision
|
|
Direction
|
subregulation 45 (1)
|
Notice
|
subregulation 43 (1)
|
|
Permission
|
subregulation 48 (1)
|
Permission
|
regulation 45
|
|
Approval
|
regulation 66
|
Approval
|
regulation 23
|
(3) An infringement notice served under regulation 86 of
the Quarantine (General) Regulations 1956, and in relation to which,
immediately before the commencement of this regulation, the prescribed penalty
has not been paid is taken to be an infringement notice served under regulation
60 of these Regulations.
81 Repeal
of Quarantine (General) Regulations 1956
The following
Statutory Rules are repealed: