Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2008
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
QUARANTINE AMENDMENT (NATIONAL HEALTH SECURITY)
BILL 2008
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Health and Ageing, the Hon Nicola Roxon,
MP)
QUARANTINE AMENDMENT (NATIONAL HEALTH SECURITY) BILL 2008
OUTLINE
The Quarantine Amendment (National Health Security) Bill 2008 (the Bill) is a
component of new national health security legislation to improve the Commonwealth's
capability to protect the health of the nation.
The national health security legislation gives effect to the International Health
Regulations 2005 (the IHR). The IHR aim to prevent, protect against, control and
provide a public health response to the international spread of disease in ways which
avoid unnecessary interference with international trade and traffic.
In particular, certain provisions of the IHR deal with requirements for vaccinations and
other prophylaxes, and related health certificates. In addition, the IHR enable charges to
be levied on some international travellers for the costs of certain health measures
provided for public health reasons.
The National Health Security Act 2007 (the NHS Act) addresses the core IHR obligations
related to public health surveillance in providing a public health response. This Bill
addresses the other IHR requirements relating to vaccinations, health certificates and
charges for the provision of health measures. Although the Quarantine Act 1908 (the
Quarantine Act) already provides for these kinds of matters, minor amendments are
required to give effect to Australia's obligations under the IHR for standardized
certification.
The amendments made by the Bill deal with:
· vaccinations (and other prophylaxes) and related health certificates. The proposed
amendments will require persons including travellers who are subject to quarantine
(or people who are performing quarantine) to submit themselves to vaccination or
other prophylaxis if this is necessary for the prevention of the spread of a
quarantinable disease or if the vaccine or other prophylaxis is specified in the IHR or
recommended by the World Health Organization (WHO). At this time, yellow fever
is the only disease specifically designated under IHR for which proof of vaccination
or prophylaxis may be required for travellers as a condition of entry to a country
(other health certificates may also be required for entry into Australia under
Migration requirements). The amendments also provide for the issuing of health
certificates proving vaccination or other prophylaxis in accordance with the
requirements set out in the IHR;
1
· charges for health measures provided for public health protection. The Quarantine
Act and Regulations already enable the recovery of quarantine-related expenses.
However, amendments are required to these provisions to better align them with the
IHR provisions relating to charges for human quarantine measures. The IHR provide
that, except for persons seeking temporary or permanent residence, charges should
not be applied for certain health measures administered to international travellers (or
their personal effects) to protect public health. The amendments give effect to the
IHR, and also enable the Commonwealth to charge persons seeking permanent or
temporary residency in Australia for the provision of certain health measures. These
health measures include medical examinations, vaccinations (as described above) and
restrictions on travel that may be necessary to prevent the spread of the disease. Such
charges must be set by legislative instrument, are limited to the actual cost of the
measure and only come into effect 10 days after they are published; and
· other minor and technical amendments to the Quarantine Act. For example, to update
references to certain notices to clarify the status of such documents under the
Legislative Instruments Act 2003.
FINANCIAL IMPACT STATEMENT
Section 86E of the Quarantine Act currently enables the Minister to make a determination
to set fees for human quarantine services provided under that Act, including prescribed
health measures. Such a determination has never been made because the circumstances
that would give rise to fees being charged have not arisen.
The IHR limit the application of charges to persons seeking permanent or temporary
residence. The amendments give effect to this treaty obligation, without changing the
operation of section 86E. Any determination under section 86E would need to be made
in accordance with the IHR. The effect would be to limit the Commonwealth's liability
for costs to Australian citizens (under the Medicare arrangements), and for a small group
of in-transit travellers.
It is not possible to quantify the potential cost of providing prescribed health measures to
in-transit travellers as there have been no such cases to date.
To ensure that any charging arrangement complies with the Government's Cost Recovery
policy, a Cost Recovery Impact Statement will be developed prior to a determination
being made to establish a cost recovery scheme for persons seeking temporary or
permanent residence.
2
NOTES ON CLAUSES
QUARANTINE AMENDMENT (NATIONAL HEALTH SECURITY) BILL 2008
Clause 1 Short title
This is a formal provision that specifies the short title of the Act as the Quarantine
Amendment (National Health Security) Act 2008.
Clause 2 Commencement
This clause describes when each provision of this Act commences:
· Sections 1 to 3 which deal with preliminary matters will commence on the day the
Bill receives the Royal Assent; and
· Schedules 1 and 2, which detail amendments to the Quarantine Act, will commence
on the 28th day after the day the Act receives the Royal Assent.
Clause 3 Schedule(s)
This clause provides that each Act specified in a Schedule to this Act is amended or
repealed as set out by the applicable items in the relevant Schedule, and any other item in
a Schedule to this Act has effect according to its terms. Both Schedules 1 and 2 amend
only the Quarantine Act.
SCHEDULE 1--PROPHYLAXES
Quarantine Act 1908
Outline
Vaccination or other forms of prophylaxis for a particular disease may allow a person to
travel and carry on normal activities even though they have been in an area affected by a
particular disease, or exposed to persons affected by that disease. Such prophylaxes may
be given to reduce a person's chances of contracting a disease and, as a public health
measure, to reduce the chances of a person transferring a disease to others.
Health certificates provide proof of vaccination, or the use of other forms of prophylaxis
such as antiviral drugs. At present, the only disease for which IHR health certificates (in
Annex 7) proving vaccination are required is yellow fever. However, there is a real
prospect that new vaccines or other forms of prophylaxis will need to be developed for
other emerging diseases and, accordingly, for relevant international health documents to
be issued.
Article 35 of the IHR provides that, as a general rule, no health documents, other than
those provided under the IHR or as recommended by the World Health Organization,
shall be required for international travel. However, that general rule does not apply to
travellers seeking temporary or permanent residence nor to document requirements
concerning the public health status of goods or cargo in international trade under
applicable international agreements. Article 36 of the IHR details requirements for the
quality of the prophylaxis and for the validity of health certificates.
3
This Schedule amends sections 5 and 75 of the Quarantine Act to better align the existing
provisions with the IHR requirements.
Item 1 - Subsection 5(1)
Subsection 5(1) of the Quarantine Act sets out definitions used in the Act.
Item 1 inserts a definition of `International Health Regulations' into subsection 5(1). The
definition is the same as that in the NHS Act and means the International Health
Regulations 2005, done at Geneva on 23 May 2005, as in force for Australia from time to
time.
The definition picks up the IHR as in force from time to time because matters such as
lists of diseases in the IHR may change (for example, to add emerging diseases). The
IHR anticipate that such changes will be made and provide for member states to make
reservations in relation to such amendments, consistent with the initial accession process
for the treaty. The definition takes into account the possibility that Australia could make
a reservation in relation to an amendment - the meaning of IHR would then exclude the
`reserved' provision. While a reservation option would be available if required, in
practice it is unlikely that it would be taken up, as Australia did not make any
reservations in relation to any provision of the treaty initially. The immediate application
in Australia of amendments to the IHR will facilitate swift compliance, which may be
important for the management of a public health event.
A note informs readers that, in 2008, the text of the IHR was accessible through the
Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
Item 2 - Subsection 75(1)
Subsection 75(1) currently provides that a quarantine officer may require a person who is
subject to quarantine (or performing quarantine) to submit himself or herself to
vaccination or inoculation with any prophylactic or curative vaccine. Subsections 75(1A)
and (1B) deal with the strict liability offence for a person's failure to comply with the
requirement made under subsection 75(1).
Consistent with the IHR, this item replaces subsection 75(1) with a new subsection that
enables the use of other prophylaxes in addition to vaccines.
New subsection 75(1) provides that, subject to new subsection 75(2), a quarantine officer
may require a person who is subject to quarantine, or performing quarantine, to submit to
vaccination with any prophylactic or curative vaccine, or any other prophylaxis.
New headings are also being inserted within the section to improve readability. The
heading for section 75 will be altered to read `Persons may be vaccinated etc.' A new
heading `Offence' will be inserted immediately before the offence provision in
subsection 75(1A).
4
As subsections 75(1A) and (1B) currently operate, a person is guilty of a strict liability
offence if they fail to comply with a quarantine officer's requirement to submit to
vaccination. The proposed amendment does not change the operation of the offence
provisions other than to enhance consistency with the IHR by including `other
prophylaxes', in the requirements that can be imposed by a quarantine officer.
It is recognised that there may be circumstances in which a person does not wish to
submit to vaccination or other prophylaxis, for example, on religious or medical grounds.
While quarantine officers will be able to take this into account in determining the best
course of action, it is also recognised that there may be cases where there is a broader
public health interest in reducing the spread of a dangerous disease within Australia.
Where a person does not wish to submit to vaccination or prophylaxis, a decision under
subsection 75(1) would be made on the advice of a qualified medical practitioner, who is
under a common law duty of care not to cause hurt or injury to a patient.
It should be noted that while section 75 has not been used to date, it is important that the
capacity to require people to submit to vaccination or prophylaxis is available for use in
extraordinary situations. For instance, in relation to diseases with the most serious
consequences for the Australian community such as SARS (Severe Acute Respiratory
Syndrome), smallpox or avian influenza.
The Department of Health and Ageing will review the provision within the next 12
months to ensure that, should it ever need to be used, it will effectively balance public
health interests with the wishes of individuals who may be required to submit to
vaccination or other prophylaxis. Amendments will be made to improve the operation of
the provision if required.
Item 3 - Subsection 75(2)
Subsection 75(2) currently provides that a quarantine officer shall not require any person
to be vaccinated or inoculated unless, in his or her opinion, vaccination or inoculation is
necessary for the prevention of the spread of the quarantinable disease.
This item replaces subsection 75(2) with a new subsection that expands the circumstances
in which a quarantine officer may require a person to submit to vaccination or other
prophylaxis under subsection (1). There are two circumstances in which this may occur:
· if the officer is of the view that the vaccination or other prophylaxis is necessary for
the prevention of the spread of a quarantinable disease; or
· if the vaccine or other prophylaxis is specified in Annex 7 to the IHR, or
recommended under those Regulations.
In either case, the quarantine officer may only require the person to submit themselves to
a vaccination or other prophylaxis if the IHR does not preclude the requirement.
5
The item also inserts a new subsection 75(2A) which requires that a vaccine or other
form of prophylaxis administered under new subsection 75(1) must conform with the
IHR Annex 6 requirements relating to the quality of the prophylaxis and the form of a
corresponding certificate. The treatment must also conform with any applicable IHR
Annex 7 recommendations and requirements (which currently only apply to vaccinations
against yellow fever).
Item 4 - Subsection 75(3)
Subsection 75(3) currently enables the Minister to take such action as he or she thinks fit
to ensure the manufacture or importation of any prophylactic vaccine or other biological
product required for the prevention or treatment of disease.
Item 4 removes the word `biological' from subsection 73(3). This means that the
Minister's ability to take action is not limited to a biological product. This is
consequential to the amendment made by item 2 which refers to other forms of
prophylaxes, and thus ensures that the Minister's power in subsection 75(3) extends to all
forms of prophylaxes that may be required to prevent disease.
To assist readers to navigate the section, a new heading is also being inserted before
subsection 75(3): `Minister may ensure manufacture or importation of vaccines etc'.
SCHEDULE 2--CHARGES FOR HUMAN QUARANTINE MEASURES
Quarantine Act 1908
Outline
Article 40 of the IHR deals with charges for health measures provided to international
travellers for the protection of public health. The effect of the IHR is that only travellers
seeking temporary or permanent residence are able to be charged for the health measures
provided by, or on behalf of, the Commonwealth for the protection of public health. An
Australian citizen, or a person in Australia for transit purposes, cannot be charged a tariff
for being provided with a health measure for the protection of public health.
In the case of travellers seeking temporary or permanent residence, certain conditions
must be satisfied before charges may be levied for the costs of providing the health
measures for the purposes of public health protection. The charges must be set by tariff,
must not exceed the cost of the service, and must be published at least 10 days in advance
of the charges being levied.
The amendments made to the Quarantine Act are to align the provisions which deal with
the expenses of quarantine and the determination of fees with the obligations imposed of
the IHR in relation to charges for prescribed health measures.
6
Schedule 2 also includes other minor and technical amendments relating to amendments
consequential to implementation of the IHR and amendments to enhance the operation of
the Quarantine Act generally.
Items 1, 2, 3 and 4 - Subsection 5(1)
These items insert new definitions in subsection 5(1) of the Quarantine Act. The
definitions relate to new terms used to effect the IHR obligations.
The following terms and words are defined:
· `permanent residence' has the meaning given by subsection 64B(3);
· `prescribed health measure' has the meaning given by section 64A;
· `temporary residence' has the meaning given by subsection 64B(3); and
· `traveller' has the meaning given by section 64B.
Items 5, 6, 7, 8 and 9
Among other things, these items reorganise Part VI of the Act, and insert new Divisions.
In summary:
· the heading of Part VI (`Expenses of Quarantine') will be replaced with the heading
`Expenses';
· Division 1 of the Part will be entitled `Interpretation' and will contain existing
section 58A;
· Division 2 of the Part will be entitled `Expenses of quarantine' and will include a
new section 58B, along with existing sections 59 to 64. New section 58B
(prescribed health measures provided in relation to travellers) provides that the
Division has effect subject to Division 3 which deals with charges for the provision
of prescribed health measures in relation to travellers;
· A new Division 3, entitled `Charges for the provision of prescribed health measures
in relation to travellers' will be inserted. This Division will include new sections
64A to D; and
· Division 4 will be entitled `Recovery of expenses' and will contain existing
sections 65 to 66A.
Item 8 - Subsection 64(1)
Subsection 64(1) deals with liability for quarantine expenses and provides for such
expenses to be a charge on the animals, plants and other goods which may be recovered
under Part VI of the Quarantine Act. Consistent with the reorganisation of the Part (as
described above), this item replaces the reference to Part VI in subsection 64(1) with a
reference to `Division 4' which is where the recovery provisions will now be located.
Item 9 - After section 64
This item inserts a new division entitled `Division 3--Charges for the provision of
prescribed health measures in relation to travellers'. This new Division comprises new
sections 64A, 64B, 64C and 64D. The item also inserts the heading for a new Division 4
(`Recovery of expenses') immediately after new section 64D in new Division 3.
7
Section 64A Definition of prescribed health measure
Definition of prescribed health measure
Subsections 64A(1) and (2) define the term `prescribed health measure'. Subsection
64A(1) provides that a prescribed health measure in relation to a traveller, is a health
measure referred to in subsection (2) that is provided by, for or on behalf of the
Commonwealth under the Quarantine Act, the Migration Act 1958 and any other law of
the Commonwealth. This definition reflects Australia's obligations that domestic
legislation must conform with the IHR.
For the purposes of subsection 64A(1), subsection 64A(2) provides for the following
health measures:
(a) a medical examination to ascertain the health status of the traveller;
(b) a vaccination or other prophylaxis provided to the traveller on arrival in Australia
(subject to the exception detailed in subsection (3));
(c) a restriction of the activities of the traveller, or the segregation or isolation of the
traveller, for the purpose of preventing the spread of disease;
(d) the issuing to the traveller of a certificate that specifies that a health measure
referred to in paragraph (a), (b), (c) or (e) was provided in relation to the traveller
and the date on which the measure was provided; and
(e) a health measure applied to the personal effects of the traveller.
Notification requirements for vaccinations etc.
Subsection 64A(3) provides that a vaccination or other prophylaxis provided on a certain
day to a traveller on arrival in Australia is not a prescribed health measure if the
requirement for the administration of the vaccination or other prophylaxis was published
on the web, at least 10 days before the day of its provision. The notice must be published
on the website of the Department that deals with human quarantine and is also expected
to be included on other websites accessed by overseas travellers.
The effect is that such health measures would fall outside the charging regime described
in section 64D, and also outside the IHR as they are a published requirement of entry.
The Commonwealth may, however, recover the cost of such measures through other cost
recovery schemes and, in doing so, would not be subject to the limitations in the IHR
(and described in Division 3).
Treatments and benefits for travellers in isolation etc.
Subsection 64A(4) provides that if, for the purpose of preventing the spread of disease, a
traveller's activities are restricted, or the traveller is segregated or isolated, then:
(a) any treatment (other than treatment referred to in paragraph 64A(2)(a), (b) or (e))
provided in relation to the traveller for the disease or any other medical condition is
not a prescribed health measure; and
8
(b) any other benefit provided to the traveller solely for his or her benefit is also not a
prescribed health measure.
The effect is that in the event that a traveller's activities are restricted or the traveller is
segregated or isolated, the cost of certain treatments or other benefits can not be
recovered by the Commonwealth by way of tariff under section 64D (because they are
not prescribed health measures).
This enables the Commonwealth to recover, for example, the cost of benefits provided to
the traveller solely for his or her own benefit such as the provision of laundry services.
Section 64B Traveller definitions
Travellers
Subsection 64B(1) defines `traveller' as a person who has entered Australia while
undertaking a voyage from another country and where none of the following apply:
· subject to subsection (2), the person has been immigration cleared (within the
meaning of subsection 172(1) of the Migration Act 1958): subparagraph (1)(b)(i);
· the person has been detained under section 189 of that Act;
· the person has left Australia;
· the person is prescribed by the regulations. A note informs readers that subsection
13(3) of the Legislative Instruments Act 2003 applies to regulations providing for
specification by class.
Subsection 64B(2) provides that subparagraph 64B(1)(b)(i) does not apply to a person
who has been immigration cleared if:
· before the person was immigration cleared, the person was notified that he or she
would be required to submit to the provision of a prescribed health measure as soon
as practicable after being immigration cleared; and
· the person submits to the provision of the prescribed health measure as soon as
practicable after being immigration cleared; and
· the provision of the prescribed health measure is not yet complete.
This ensures that where a traveller is immigration cleared, in order for them to be
provided with a prescribed health measure, they will continue to be treated as a traveller
until provision of the prescribed health measure is complete.
Temporary residence or permanent residence
Subsection 64B(3) provides that, for the purposes of the IHR and the Quarantine Act, a
traveller is seeking temporary or permanent residence in Australia unless the traveller is:
· an Australian citizen under the Australian Citizenship Act 2007;
· in Australia for transit purposes only; or
9
· is a member of a class of travellers specified in the regulations. A note informs
readers that subsection 13(3) of the Legislative Instruments Act 2003 applies. This
means that the regulations may prescribe classes of travellers.
Subsection 64B(4) provides that a person is `in Australia for transit purposes only' if the
traveller:
· is not required to comply with section 166 of the Migration Act 1958; and
· holds a confirmed onward booking to leave Australia to travel to another country
within 8 hours of arrival, plus documentation necessary to enter the country of their
destination; and
· is not prescribed by the regulations. A note informs readers that subsection 13(3) of
the Legislative Instruments Act 2003 applies to regulations providing for specification
by class.
Section 64C Charges for the provision of prescribed health measures in relation to
travellers
In summary this section states that, in relation to the provision of a prescribed health
measure to a traveller (provided by, for, or on behalf of the Commonwealth under the
Quarantine Act, the Migration Act 1958 or any other law):
· if the traveller is not seeking temporary residence or permanent residence, no person
(other than the Commonwealth) is liable, under any law of the Commonwealth, to
pay a tariff for the provision of the prescribed health measure;
· if the traveller is seeking temporary residence or permanent residence in Australia, no
person (other than the Commonwealth) is liable, under any law of the
Commonwealth, to pay a tariff for the provision of the prescribed health measure,
unless the liability conforms to the tariff made under section 64D;
· neither of the above statements preclude a person from seeking reimbursement from:
o the master, owner or agent of the vessel for expenses incurred in providing the
prescribed health measure to travellers who are members of the crew of a
vessel (including the master of the vessel); or
o in any case from an applicable insurance source (as defined in article 40 of the
IHR).
This reflects the provisions of the IHR about the circumstances in which travellers are,
and are not, liable to pay for the provision of prescribed health measures.
Section 64D Tariff of amounts payable for prescribed health measures
Section 64D provides for the making of a tariff for prescribed health measures defined in
subsections 64A(1) and (2). In other words, section 64D applies to a health measure
referred to in subsection 64A(2) that is provided by, for or on behalf of the
10
Commonwealth under this Act, the Migration Act 1958 or any other law of the
Commonwealth.
Section 64D reflects article 40 of the IHR which requires that:
· a tariff is an amount payable for the provision of a prescribed health measure where
the prescribed health measure has been provided in relation to a traveller who is
seeking temporary or permanent residence in Australia; and
· the amount of the tariff must not exceed the actual cost of the provision of the
prescribed health measure; and
· the tariff must be published at least 10 days before taking effect.
Section 64D achieves this result by providing that the Minister must set the amount of the
tariff by legislative instrument, the amount must not exceed the actual cost of the
provision of the prescribed health measure and the tariff must not take effect before the
tenth day after it is registered under the Legislative Instruments Act 2003. Registration
necessarily involves publication of the instrument as the Federal Register of Legislative
Instruments is displayed on the Internet.
This means that travellers who are Australian citizens or who are in transit in Australia
cannot be charged for the provision of prescribed health measures. This does not,
however, preclude the Commonwealth (or any other person) seeking reimbursement for
expenses from an insurance source or from the master, owner or agent of a vessel (in
respect of crew).
Item 10 - Subsection 86E(1B)
This item makes a technical amendment to replace the reference to the requirement for a
determination to be made by `notice published in the Gazette' with the requirement that
the determination be made by `legislative instrument'.
The effect is to put beyond doubt that a determination made under section 86E is a
legislative instrument for the purposes of the Legislative Instruments Act 2003.
To assist readers, headings are also being included to signpost subsections within section
86E. The heading to subsection 86E(1A) will be `Definitions' and the heading to
subsection 86E(1B) will be `Determination of basic fees'.
Items 11, 12 and 13
Subsection 86E(1) sets out the activities for which the Minister may determine that fees
are payable, and for which he or she may determine the fee amounts. The amendment
made by item 11 provides that any determinations made under subsection 86E(1) are
subject to new subsection (1AA).
Item 13 inserts a new subsection (1AA) that provides that the Minister's power to make a
determination that relates to the provision of a prescribed health measure in relation to a
traveller is subject to Division 3 of Part VI. The effect is that if a determination requires
a fee to be paid for, or in relation to, the doing of anything in connection with the
11
provision by, for, or on behalf of the Commonwealth of a prescribed health measure in
relation to a traveller who is seeking temporary residence or permanent residence, the fee
must conform with a tariff in force under section 64D.
Paragraph 86E(1)(a) provides that a determination may be made (by the Minister) to
require fees to be paid for doing anything in connection with specified examinations or
services carried out or provided under the Quarantine Act. Item 12 omits the words `or
services' and substitutes the words `services or other quarantine measures'. The item
clarifies that determinations that are able to be made under section 86E include the
quarantine measures carried out or provided under the Quarantine Act.
If a quarantine measure is not a prescribed health measure because, for example, its
requirement has been published 10 days before it is provided to a traveller, because it is a
quarantine measure provided under the Act, the Minister is able to make a determination
setting the fee for its provision under section 86E.
Item 14 - Subsection 86E(2)
Section 86E deals with the Minister's power to make determinations including setting the
fees for certain quarantine services and specifying the persons by whom fees are payable.
Part VI of the Quarantine Act sets out the persons who will be liable for the expenses of
specified quarantine services. The technical amendment made by item 14 clarifies that
the power to specify the persons by whom fees are payable, is subject to Part VI.
Item 15, 16, 17, 18, 19 and 20
These items repeal subsections 86E(2AA), (2AB), (2D), (3), (4) and (5) and replace them
with two new subsections - subsections 86E(2CB) and (2H).
Section 86E deals with fees determined by the Minister. Among other things, the
provision enables the Minister to determine fees to be paid in relation to, for example,
services carried out under the Act. The provision enables the Minister to set a late
payment fee, and also to remit fees in certain limited and defined circumstances.
The amendments achieve three main purposes:
· first, a new subsection (86E(2CB)) is inserted which provides that late payment
fees (as provided for in subsections 86E(2B), (2C) and (2CA)) do not apply in
relation to fees in connection with the provision of a prescribed health measure (by,
for, or on behalf of the Commonwealth) in relation to a traveller. This amendment
is necessary to conform with the IHR charging condition that charges do not exceed
the actual cost of the service;
· second, the power for the Minister to remit fees in the current subsections
86E(2AA), (2AB) and (2D) is being replaced with a power to remit fees, and a new
power to refund fees, if the Minister is satisfied that there are exceptional
circumstances that justify doing so (new subsection 86E(2H)). The ability to
refund, as well as remit, fees is necessary to ensure that fees are able to be repaid
12
where it seems wholly unjust for the Commonwealth to charge a fee for quarantine
measures. Therefore, merits review is inappropriate in these limited and
exceptional circumstances. This is a minor technical amendment that is not specific
to the IHR-related amendments but will improve the operation of the legislation
generally; and
· third, subsections that are no longer necessary either because of the changes to
related provisions described above or because of the operation of the Legislative
Instruments Act 2003, are also being repealed (subsections 86E(3), (4) and (5)).
New headings are being inserted throughout the section to assist readers. The headings
for the subsections will be as follows:
· subsection 86E(2B) - `Late payment fees';
· subsection 86E(2E) - `Booking fees and deposits';
· subsection 86E(2G) - `Unpaid fees and deposits'; and
· subsection 86E(2H) - `Minister may remit and refund fees'.
Item 21 - Application
This item describes how the amendments will apply.
Main amendments
Other than the amendments made by items 10, 12, 14, 15, 17, 18, 19 and 20, the
amendments of the Quarantine Act made by Schedule 2 apply in relation to prescribed
health measures provided after the commencement of the Schedule, that is, 28 days after
Royal Assent.
Amendments relating to the remission of fees
Items 15 and 17 repeal the provisions dealing with the Minister's power to remit fees
specified in a determination. Item 20 repeals the Director of Quarantine's power to
determine that fees are not payable in respect of a quarantine service. Item 18 inserts
new subsection 86E(2H) which enables only the Minister to refund or remit the whole or
part of a fee specified in a determination.
The amendments made by items 15, 17, 18 and 20 apply in relation to fees that become
payable after the commencement of those items. In effect, the Minister is able to refund
or remit a fee that becomes payable after the commencement of those items which will
occur 28 days after Royal Assent.
13