Commonwealth Numbered Regulations - Explanatory Statements

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QUARANTINE AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 2

Statutory Rules 2002 No. 2

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Quarantine Act 1908

Quarantine Amendment Regulations 2002 (No. 1)

Section 87 of the Quarantine Act 1908 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The purpose of the Quarantine Amendment Regulations 2002(No. 1) is to amend the Quarantine Regulations 2000 :

•       to increase the prescribed penalty for an infringement notice in regulation 59; and

•       to add the Criminal Code to the Commonwealth laws prescribed by regulation 40.

The amendment to regulation 59 doubles the prescribed penalty for an infringement notice offence. Travellers to Australia commit an infringement notice offence if they give false or misleading information or fail to answer questions about their luggage. The information obtained from passengers about their luggage assists the Australian Quarantine and Inspection Service (AQIS) to protect Australia's borders from pest and disease incursions such as the Foot and Mouth Disease incursions recently experienced in the United Kingdom and Europe. The higher penalty is expected to provide a stronger incentive for travellers to provide accurate information about their luggage. In addition, the amendment will bring the prescribed penalty for an infringement notice offence into closer alignment with penalties for similar offences in other countries.

The addition of the Criminal Code to the Commonwealth laws prescribed by regulation 40 allows the Director of Quarantine to take offences against the Criminal Code into account when granting or suspending or revoking an approval of a place where goods subject to quarantine may be treated or otherwise dealt with under section 46A of the Act.

Details of the amendment are set out below:

Regulation 1 provides that the Regulations are named the Quarantine Amendment Regulations 2002 (No. 1).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 of the Regulations amends the Quarantine Regulations 2000.

Schedule 1

Item 1 substitutes a new definition for prescribed penalty. The effect of this new definition is to increase the penalty from 1 to 2 penalty units for an infringement notice offence that involves goods that are prohibited for importation into Australia or the Cocos Islands by a Proclamation under section 13 of the Act and are subject to forfeiture under section 68 of the Act; or from half a penalty unit to 1 penalty unit in any other case.

Item 2 inserts the Criminal Code into Schedule 1 of the Regulations. The effect of this amendment is to include the Criminal Code in the Commonwealth laws that are prescribed by regulation 40 for the purposes of section 46A of the Act. Section 46A of Act empowers the Director of Quarantine, on application by a person, to approve a place where goods that are subject to quarantine may be treated or otherwise dealt with. A person applying for the approval of a place may be required to sign a written declaration stating, inter alia, whether the person has been convicted of an offence against a prescribed law of the Commonwealth. The Director of Quarantine may take this information into account when deciding to approve the place. The Director of Quarantine may also take information about conviction for an offence against a law of the Commonwealth into account when deciding whether to suspend or revoke the approval.