Quarantine Amendment Proclamation 1999 (No. 2)
Quarantine Act 1908
I, WILLIAM PATRICK DEANE, Governor General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make this Proclamation under sections 5, 12, 13 and 14 of the Quarantine Act 1908.
Signed and sealed with the Great Seal of Australia
on 22 September 1999
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
Quarantine Amendment Proclamation 1999 (No. 2)
made under the
Contents
Page
1 Name of Proclamation
2 Commencement
3 Amendment of Quarantine Proclamation 1998
Schedule 1 Amendments commencing on gazettal
Schedule 2 Amendments commencing on 1 December 1999
This Proclamation is the Quarantine Amendment Proclamation 1999 (No. 2).
This Proclamation commences as follows:
(a) on gazettal — sections 1 to 3 and Schedule 1;
(b) on 1 December 1999 — Schedule 2.
3 Amendment of Quarantine Proclamation 1998
Schedules 1 and 2 amend the Quarantine Proclamation 1998.
Schedule 1 Amendments commencing on gazettal
(section 3)
[1] After subsection 38 (3), before the table
insert
(3A) For the table, meat and meat product have the same meanings as in section 39.
[2] Section 43, heading
substitute
43 Importation of fish of family Salmonidae or Plecoglossidae
[3] Subsection 43 (1)
omit
family Salmonidae,
insert
family Salmonidae or Plecoglossidae,
[4] Subsection 43 (2)
omit
family Salmonidae
insert
family Salmonidae or Plecoglossidae
[5] Paragraph 43 (3) (a)
omit
that family; or
insert
those families; or
[6] Paragraph 43 (3) (b)
omit
smoked salmon:
insert
smoked fish of those families:
[7] Subsection 43 (4)
omit
salmon products
insert
products of fish of those families
[8] Subsection 43 (5)
omit
that family
insert
those families
[9] Section 53, heading
substitute
53 Importation of fish of family Salmonidae or Plecoglossidae
[10] Subsection 53 (1)
omit
family Salmonidae,
insert
family Salmonidae or Plecoglossidae,
[11] Subsection 53 (2)
omit
family Salmonidae
insert
family Salmonidae or Plecoglossidae
[12] Paragraph 53 (3) (a)
omit
that family; or
insert
those families; or
[13] Paragraph 53 (3) (b)
omit
smoked salmon:
insert
smoked fish of those families:
[14] Subsection 53 (4)
omit
salmon products
insert
products of fish of those families
[15] Subsection 53 (5)
omit
that family
insert
those families
Schedule 2 Amendments commencing on 1 December 1999
(section 3)
[1] Section 3, definition of fish
substitute
fish means an elasmobranch or a teleost.
[2] After subsection 31 (2)
insert
Note Table 11A follows subs 29 (2).
[3] Subsection 37 (1)
omit
[4] Subsections 37 (2), (3) and (4)
renumber as subsections (1), (2) and (3)
[5] Subsections 37 (2) and (3), as renumbered by item [4]
omit
subsection (2)
insert
subsection (1)
[6] After subsection 38 (3A), before the table
insert
(3B) For the table:
Competent Authority means a body recognised as the Competent Authority for a country by a Director of Quarantine under section 38A; and
exclusive economic zone has the meaning given in subsection 3 (1) of the Seas and Submerged Lands Act 1973.
(3C) For item 25C in the table, a consumer ready product is a product that is processed to reduce the probability that the importation of the product will lead to the introduction or spread of a disease or pest to an acceptably low level.
[7] Table 13, item 15
substitute
15 Elasmobranch fish, dried (other than fish meal), if free from insects, soil and other debris
Note For the importation of fish and crustacean meal, see s 44 and 54.
[8] Table 13, item 16
substitute
16 Elasmobranch fish, processed, (including fish fingers, fish cakes and fish balls, but excluding fish meal), if containing less than 10% egg content and fit for human consumption
Note For the importation of fish and crustacean meal, see s 44 and 54.
[9] Table 13, item 25
substitute
25 Dead elasmobranch fish or fish parts, other than dried fish, fish meal, and processed fish, if non-viable and clean
Note For the importation of fish and crustacean meal, see s 44 and 54.
[10] Table 13, after item 25
insert
25A Teleost fish, other than fish of the family Salmonidae or Plecoglossidae, if:
(a) the fish was caught in the New Zealand exclusive economic zone or in adjacent international waters by fishers approved or registered under controls administered by an authority of the government of New Zealand; and
(b) the fish is accompanied by a certificate from the Competent Authority for New Zealand certifying that the fish was caught in the New Zealand exclusive economic zone or adjacent international waters
Note For the importation of fish and particular products of fish of the family Salmonidae or Plecoglossidae, see s 43 and 53.
25B Teleost fish, other than fish of the family Salmonidae or Plecoglossidae or teleost fish mentioned in item 25A, if the consignment is accompanied by a health certificate from the Competent Authority of the exporting country stating that the fish:
(a) was processed in premises approved by and under the control of the Competent Authority; and
(b) is eviscerated; and
(c) was inspected under the supervision of the Competent Authority; and
(d) is free from visible lesions associated with infectious diseases; and
(e) has had its head and gills removed and its internal and external surfaces thoroughly washed
Note For the importation of fish and particular products of fish of the family Salmonidae or Plecoglossidae, see s 43 and 53.
25C Teleost fish products, other than products of fish of the family Salmonidae or Plecoglossidae, if wholly or partly of teleost origin, intended for human consumption and a consumer ready product
Note 1 For the importation of fish and particular products of fish of the family Salmonidae or Plecoglossidae, see s 43 and 53.
Note 2 Consumer ready product is defined in subs 38 (3C).
Note 3 Examples of consumer ready teleost fish products are:
(a) cutlets, including the central bone and external skin but excluding fins, and of a maximum weight of 450 grams
(b) skinless fillets, excluding the belly flap and all bones except the pin bones
(c) skin-on fillets, excluding the belly flap and all bones except the pin bones, and of a maximum weight of 450 grams
(d) eviscerated, headless, ‘pan-size’ fish of a maximum weight of 450 grams
(e) a product that is processed further than the stage described in para (a) to (d).
[11] After section 38
insert
38A Competent Authorities
(1) A Director of Quarantine may declare, in writing, that a body of a country is recognised as the Competent Authority for a country if the body is responsible for export certification for goods exported from that country.
(2) A Director of Quarantine may revoke, in writing, a declaration made under subsection (1) for a body of a country if the body ceases to be responsible for export certification for goods exported from that country.
[12] Subsection 47 (1)
substitute
(1) The importation into the Cocos Islands of a live animal by a person is prohibited unless a Director of Quarantine has granted the person a permit to import it into the Cocos Islands.
Note For what a Director of Quarantine must consider when deciding whether to grant such a permit, see Pt 8.
[13] Subsection 47 (2)
omit
[14] Subsections 47 (3) and (4)
renumber as subsections 47 (2) and (3)
[15] Subsections 47 (2) and (3), as renumbered by item [14]
omit
subsection (2)
insert
subsection (1)
[16] Subsection 47 (5)
omit
[17] Schedule 6, note
omit