Federal Register of Legislation - Australian Government

Primary content

Declarations/Other as made
This Declaration lists places outside Australia with Yellow Fever.
Administered by: Health
Registered 30 Jun 2009
Tabling HistoryDate
Tabled HR11-Aug-2009
Tabled Senate11-Aug-2009
Date of repeal 01 Nov 2012
Repealed by Quarantine (Declared Places - Yellow Fever) Declaration 2012

EXPLANATORY STATEMENT

 

Subject:            Quarantine Act 1908

Quarantine (Declared Places – Yellow Fever) Declaration 2009

 

Section 12 of the Quarantine Act 1908 provides that the Minister may declare a place beyond or in Australia is infected with a quarantinable disease, or that a quarantinable disease may be brought or carried from or through that place. While the declaration is in force, these places are known as ‘declared places’. A quarantinable disease means any disease declared by the Governor-General, by proclamation, to be a quarantinable disease (see s.13 (1) (ca) of the Act). Yellow fever has been declared as a quarantinable disease (clause 21 of the Quarantine Proclamation 1998).

 

Division 2 of the Quarantine Regulations 2000 (the Regulations) outlines what steps must be taken when people arrive from a ‘yellow fever declared place’. A ‘yellow fever declared place’ is defined in regulation 32 as a place declared under Section 12 of the Act to be a place infected with yellow fever, or from or through which yellow fever can be brought or carried. Under the Regulations, a person who travels from yellow fever declared places may be asked to produce an international certificate indicating the dates on which the person was vaccinated against yellow fever. The regulations also establish requirements for the certificate, such as need for it to be signed by an approved medical practitioner.

 

The purpose of the proposed declaration is to update the old list of yellow fever infected countries with a new list of countries. The new list of yellow fever infected places provides a recent picture of yellow fever prevalence and will maximise the effectiveness of vaccination requirements in preventing the introduction of yellow fever virus into Australia.

 

Consultation

The Director of Human Quarantine (DHQ), appointed under Section 9(1) of the Act and who is the current Chief Medical Officer (CMO) of the Department of Health and Ageing, has consulted relevant areas within the Department and has approved the new list of countries as Australia’ list of yellow fever declared places.

 

In January 2009 the Department of Health and Ageing (DoHA) commenced consultations with the following government agencies regarding the implementation of the amendment:

·        Department of Foreign Affairs and Trade (DFAT);

·        Australian Customs and Border Protection Service (Customs);

·        Department of Immigration and Citizenship (DIAC); and

·        Australian Quarantine and Inspection Service (AQIS).

 

On 15 March 2009, the Department wrote to these agencies outlining the proposed approach for implementing the revised list of yellow fever declared places. All agencies support the proposed changes.

 

 

 

 

 

The Act specifies no conditions which need to be satisfied before power to make the Section 12 declaration is exercised.

 

The Declaration will commence on 1 August 2009. A thorough public information campaign will precede the commencement of this instrument to support the introduction of the new requirements and minimise the number of travellers entering Australia without the required vaccination certification.  This will include

·        Bulletins delivered electronically to stakeholders, through established networks.

·        Meetings with relevant government agencies.

·        A formal letter signed by the Director of Human Quarantine informing government agencies of the approved commencement date. This will include agencies frequently posting officers overseas.  This will be despatched once the Minister for Health and Ageing has made the declaration under Section 12 of the Quarantine Act 1908.

·        The updating of the Yellow Fever Fact Sheet on the DoHA website.

·        The updating of yellow fever information in the Immunisation Handbook.

·        A newsletter and email to Chief Quarantine Officers (States and Territories).

·        Provision of information to the DFAT Smart Traveller Consultation Forum.  This forum includes representatives from the Australian Federation of Travel Agents and National Tour Operators Group.

·        Provision of information to overseas posts to enable their engagement with appropriate local government agencies and inclusion of information on their websites.

·        Updating of DFAT and DIAC websites.

 

The Section 12 Declaration is a legislative instrument for the purposes of the Legislative Instrument Act 2003.

 

Details of the Declaration are set out in the Attachment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT

 

Details of the Proposed Quarantine (Declared Places – Yellow Fever) Declaration 2009

 

Section 1 – Name of Declaration

 

This section provides that the title of the declaration is the Quarantine (Declared Places – Yellow Fever) Declaration 2009

 

Section 2 – Commencement

 

This section provides for the declaration to commence on 1 August 2009.

 

Section 3 – Repeal

 

This section provides for the repeal of the declaration that was most recently in force under Section 12 of the Act to ensure that the operation of the two instruments does not overlap.

 

Section 4 – Definition

 

This section provides for defined terms to be used in the declaration and gives shortened reference to the Quarantine Act 1908.

 

Section 5 – Declaration

 

This section sets out the list of ‘declared places’ for the purpose of Section 12 of the Act. This list will replace the old list of countries that were declared in March 2004.