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QUARANTINE AMENDMENT REGULATIONS 2007 (NO. 3) (SLI NO 341 OF 2007) EXPLANATORY STATEMENT

QUARANTINE AMENDMENT REGULATIONS 2007 (NO. 3) (SLI NO 341 OF 2007)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 341

 

Subject: Quarantine Act 1908

 

Quarantine Amendment Regulations 2007 (No. 3)

 

Section 87 of the Quarantine Act 1908 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or are permitted to be prescribed or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act. Paragraph 87(1)(n) of the Act, allows for the making of regulations to provide for the granting of certificates by quarantine officers in relation to any vessels, animals, plants or goods examined or treated by them or under their supervision.

 

The purpose of the Regulations is to amend the Quarantine Regulations 2000 to authorise the issuing of Ship Sanitation Control Exemption Certificates and Ship Sanitation Control Certificates as required by Article 39 of the World Health Organisation’s International Health Regulations (IHR) (2005) – a treaty to which Australia became a signatory in 2005. The treaty came into force on 15 June 2007.

 

This new ship sanitation certification program updates the existing deratting certification program as required by the older iteration of the IHR (1969).

 

As required by the treaty making process, all relevant Ministers have now formally approved the adoption of the IHR (2005). The National Interest Analysis was tabled in Parliament on 8 August 2006 and on 14 August 2006 the Joint Standing Committee on Treaties held a public hearing on the IHR (2005). This legislative amendment is one of a number of minor amendments to the Act and Quarantine Regulations 2000 and the introduction of National Health Security Legislation which is required to support the implementation of the IHR (2005).

 

Details of the amended Regulations are set out in the Attachment.

Australian Government agencies were extensively consulted in the development of the proposed legislative changes. The Department of Health and Ageing consulted with the Australian Quarantine and Inspection Service, the Department of Transport and Regional Affairs and the Australian Maritime Safety Authority.

 

The State and Territory Governments were also consulted early in the development of the proposed certification scheme and were informed that legislative changes would be required.

 

The shipping industry was consulted through Shipping Australia Limited – the peak industry body.

 

The Act specifies no conditions which need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on 15 December 2007.


ATTACHMENT

 

 

Details of the Quarantine Amendment Regulations 2007 (No. 3)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Quarantine Amendment Regulations 2007 (No. 3).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on 15 December 2007.

 

Regulation 3 – Amendment to the Quarantine Regulations 2000

 

This regulation provides the Quarantine Regulations 2000 (the Principal Regulations) are amended as set out in the Schedule.

 

Schedule 1 – Amendments

 

Item [1] – Regulation 4, definition of ship sanitation certificate

 

The amendment replaces in the Definitions Section of the Principal Regulations the meaning of a ‘Ship Sanitation Control Certificate’ and a ‘Ship Sanitation Control Exemption Certificate’. This references the meaning provided in 30B and 30C of these Regulations.

 

Item [2] Part 2, after Division 3

 

This amendment insert a new Division – Division 4 Ship sanitation certification scheme – into the Principal Regulations.

 

30A Definitions for Division 4

 

This new provision provides definitions for the meanings of relevant words within the division. This includes references to meanings given in the Principal Regulations and to meanings given by the IHR (2005).

 

30B Ship Sanitation Control Exemption Certificates

 

This new provision specifies the conditions in which a quarantine officer (human quarantine) will issue a Ship Sanitation Control Exemption Certificate. A Ship Sanitation Control Exemption Certificate is a statement by a quarantine officer (human quarantine) that a vessel is in a sanitary condition and does not risk spreading diseases of international concern.

 

The conditions of issue of a Ship Sanitation Control Exemption Certificate include that the quarantine officer in an authorised port must be satisfied that the ship is free from infection or contamination, including vectors and reservoirs of disease. The quarantine officer (human quarantine) will issue a Ship Sanitation Control Exemption Certificate if the master of the ship requests a certificate and the ship meets these conditions.

 


ATTACHMENT

 

30C Ship Sanitation Control Certificates

 

This new provision specifies the conditions in which a quarantine officer (human quarantine) will issue a Ship Sanitation Control Certificate. A Ship Sanitation Control Certificate is a statement that a ship was found to have vectors or reservoirs of diseases of international concern on board and control measures are required to bring it to an acceptable standard.

 

If a quarantine officer is satisfied that a treatment is necessary to control infection or contamination, then the officer must provide the master of the ship with details of evidence of the infection or contamination, and each treatment that is to be carried out.

 

The conditions for the issue of a Ship Sanitation Control Certificate will be that the quarantine officer (human quarantine) is satisfied that the necessary treatments to control infection or contamination have been carried out, detail of the treatments carried out, and comments about the sanitary conditions on board the ship.

 

30D Matters to be considered by quarantine officers (human quarantine)

 

This new provision specifies the information which will be considered by the quarantine officer (human quarantine) in making a decision to issue either a Ship Sanitation Control Certificate or a Ship Sanitation Control Exemption Certificate. It specifies information that is collected by the Australian Quarantine and Inspection Service (AQIS), but also specify ‘any other relevant information about the ship’ to allow review and improvement of the certification scheme as required by the IHR (2005). It also allows AQIS as the issuing authority to consider information gathered by other relevant agencies and information from other relevant sources.

 

30E Form of certificates issued under Division 4

 

This new provision specifies that the ship sanitation certificate is in a form approved by the Minister and information about the certificates, including how the certificates will be issued, will be published on the AQIS and DoHA web sites.

 

30F Period for which ship sanitation certificates issued under Division 4 are valid

 

This new provision specifies that ship sanitation certificates shall be valid for a period of six months beginning on the day of issue.

 

30G Extension of ship sanitation certificates

 

This new provision specifies that ship sanitation certificates can be extended for a period of up to a month if it is not practicable for the ship to be examined at a port. To be valid for an extension to a ship sanitation certificate, a ship must have a valid certificate, or have a certificate that expired no more than one month previously.

 

Further, it specifies that a quarantine officer must extend the validity of the certificate by writing on and signing the certificate.