Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Quarantine Act 1908, and for related purposes
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Registered 26 Aug 2011
Introduced Senate 25 Aug 2011
Table of contents.

 

2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Quarantine Amendment (Disallowing Permits) Bill 2011

 

No.      , 2011

 

(Senator Xenophon)

 

 

 

A Bill for an Act to amend the Quarantine Act 1908, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Quarantine Act 1908                                                                                                  3

 


A Bill for an Act to amend the Quarantine Act 1908, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Quarantine Amendment (Disallowing Permits) Act 2011.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

  

Quarantine Act 1908

1  After subsection 13(2B)

Insert:

       (2BA)  A permit granted pursuant to a Proclamation made in accordance with subsection (2A) that provides for:

                     (a)  the importation of a thing, or a specified class of things, into Australia; or

                     (b)  the removal of a thing, or a specified class of things, from the Protected Zone or a Special Quarantine Zone to the rest of Australia;

is a disallowable instrument for the purposes of section 46B of the Acts Interpretation Act 1901 unless:

                     (c)  a Director of Quarantine has made a determination under subsection (2BB) that relates to the thing, or class of things; and

                     (d)  the determination has not been disallowed, or taken to have been disallowed, under the Legislative Instruments Act 2003; and

                     (e)  the determination is no longer liable to be disallowed under that Act; and

                      (f)  the permit, including any conditions set out in the permit, is consistent with the determination.

        (2BB)  A Director of Quarantine may, by legislative instrument, make a determination in relation to a thing, or a class of things, setting out the conditions (if any) to be complied with to limit the level of quarantine risk associated with the importation or removal of the thing, or class of things, to one that is, in the opinion of the Director, acceptably low.

        (2BC)  At the same time as a determination under subsection (2BB) is laid before each House of the Parliament for the purposes of the Legislative Instruments Act 2003, the Minister must:

                     (a)  cause any risk analysis on which the determination is based to also be laid before each House; and

                     (b)  cause a motion to be moved in each House to refer the determination to a committee of each House that is responsible for agricultural matters, for consideration and report to the respective Houses within 15 sitting days of the determination being referred.