Quarantine Amendment Regulations 2007 (No. 2)1
Select Legislative Instrument 2007 No. 233
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Quarantine Act 1908.
Dated 9 August 2007
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
PETER McGAURAN
1 Name of Regulations
These Regulations are the Quarantine Amendment Regulations 2007 (No. 2).
2 Commencement
These Regulations commence on 12 September 2007.
3 Amendment of Quarantine Regulations 2000
Schedule 1 amends the Quarantine Regulations 2000.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 4, definition of container
substitute
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.
[2] Regulation 4, definitions of Deratting Certificate and Deratting Exemption Certificate
omit
Regulations.
insert
Regulations (1969).
[3] Regulation 4, definition of DSS
omit
[4] Regulation 4, definition of health administration
omit
Regulations.
insert
Regulations (1969).
[5] Regulation 4, definition of international certificate, paragraph (a)
omit
Regulations; and
insert
Regulations (1969); and
[6] Regulation 4, definition of International Health Regulations
substitute
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/.
[7] Regulation 4, after definition of non‑scheduled flight
insert
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 40N and 60N; and
(b) west of the meridian of longitude 147E.
ship sanitation certificate means a Ship Sanitation Control Exemption Certificate, or a Ship Sanitation Control Certificate, issued under a law of a foreign country in accordance with Article 39 of the International Health Regulations (2005).
[8] Subregulation 10 (1)
substitute
(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:
Item | Information for pre‑arrival reports |
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 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 |
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 |
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 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 |
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.
[9] Subparagraph 11 (1) (a) (i)
omit
48 hours
insert
96 hours
[10] Regulation 18
substitute
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.
[11] Subregulation 22A (4), notes 1 and 2
omit
[12] Regulation 24, note
substitute
Note For the issue of a Deratting Certificate or Deratting Exemption Certificate, see Article 53 of the International Health Regulations (1969).
[13] Paragraph 24A (2) (d)
omit
containers or other
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.