Schedule 1 Amendments

(regulation 3)

[1] Regulation 4, after definition of disinsection

insert

DSS (Decision Support System) means the AQIS computer system of that name used to process information about ballast water and assess the quarantine risk of that water.

[2] Regulation 4, after definition of illness

insert

IMO Guidelines means the Guidelines for the Control and Management of Ships’ Ballast Water to Minimise the Transfer of Harmful Aquatic Organisms and Pathogens adopted by resolution of the Assembly of the International Maritime Organisation on 27 November 1997.

Note The IMO Guidelines are available for purchase from
the International Maritime Organisation at http://www.imo.org/HOME.html.

[3] Subregulation 10 (1), table, item 4

omit

4 ports of call

insert

6 ports of call (or if a quarantine officer has notified a lesser number to the master of the vessel or installation, the lesser number notified)

[4] Subregulation 10 (1), table, after item 6

insert

6A	If there are to be any crew changes while the vessel or installation is at a port of call in Australia or the Cocos Islands, the port or ports at which crew members will be signing off

[5] Subregulation 10 (1), table, item 7

omit

12 months

insert

24 months

[6] Subregulation 10 (1), table, after item 7

insert

If the vessel or installation has been in a port mentioned in item 7 during the period mentioned in that item:

(a) whether, since last visiting such a port, the vessel or installation has been inspected by an agricultural authority of Australia, Canada, New Zealand or the United States of America and cleared as being free of Asian gypsy moth; and

(b) if the vessel or installation has not been inspected and cleared, whether there is on board the vessel or installation a certificate issued by a Russian agricultural authority during the last visit of the vessel or installation to such a port, certifying that the authority had inspected the vessel or installation and found it to be free of Asian gypsy moth egg masses

[7] Subregulation 10 (1), table, after item 8

insert

If the vessel or installation has carried livestock or grain in its last 6 cargoes, the type of cargoes, the port or ports at which the livestock or grain was loaded, the port or ports at which the livestock or grain was discharged and the cleaning performed since the livestock or grain was discharged

[8] Subregulation 10 (1), table, after item 21

insert

21A	If ballast water is to be discharged as mentioned in item 21, whether a full ballast water treatment or exchange was undertaken at sea, in accordance with the IMO Guidelines, before the vessel or installation arrived in Australia, the Cocos Islands, or Australian waters
21B	If a full ballast water treatment or exchange was undertaken as mentioned in item 21A: (a) the treatment or exchange method used; and (b) if in any of the tanks or holds intended for discharge in Australia, the Cocos Islands, or Australian waters, the treatment or exchange was not conducted fully, the reasons for it not being conducted fully
21C	Whether there is a current compliance agreement and, if so, whether the vessel or installation is operating in accordance with that agreement during the voyage Note Section 66B of the Act makes provision for compliance agreements.
21D	If a full ballast water treatment or exchange was not undertaken as mentioned in item 21A: (a) whether ballast tank information has been entered into the DSS for a risk assessment on the ballast water to be discharged in Australia, the Cocos Islands, or Australian waters; and (b) if so, the DSS risk assessment number given to the vessel or installation
21E	If a DSS risk assessment found the ballast water to be of high risk, whether a ballast water treatment or exchange has been undertaken at sea before arriving in Australia, the Cocos Islands, or Australian waters and, if so: (a) the ballast water treatment or exchange method used; and (b) if in any of the tanks or holds intended for discharge in Australia, the Cocos Islands, or Australian waters, the treatment or exchange was not conducted fully, the reasons for it not being conducted fully

[9] Regulation 18, table, item 4

omit

4 ports

insert

6 ports

[10] Regulation 18, table, after item 6

insert

6A	If there are to be any crew changes while the vessel or installation is at a port of call in Australia or the Cocos Islands, the port or ports at which crew members will be signing off

[11] Regulation 18, table, item 7

omit

12 months

insert

24 months

[12] Regulation 18, table, after item 7

insert

If the vessel or installation has been in a port mentioned in item 7 during the period mentioned in that item:

(a) whether, since last visiting such a port, the vessel or installation has been inspected and cleared as being free of Asian gypsy moth by an agricultural authority of Australia, Canada, New Zealand or the United States of America; and

[13] Regulation 18, table, after item 8

insert

[14] Regulation 18, table, after item 27

insert

27A	Whether a full ballast water treatment or exchange was undertaken at sea, in accordance with the IMO Guidelines, before the vessel or installation arrived in Australia, the Cocos Islands, or Australian waters
27B	If a full ballast water treatment or exchange was undertaken as mentioned in item 27A: (a) the treatment or exchange method used; and (b) if the treatment or exchange was not conducted fully, the reasons for it not being conducted fully
27C	Whether there is a current compliance agreement and, if so, whether the vessel or installation is operating in accordance with that agreement during the voyage Note Section 66B of the Act makes provision for compliance agreements.
27D	If a full ballast water treatment or exchange was not undertaken as mentioned in item 27A: (a) whether ballast tank information has been entered into the DSS for a risk assessment on any ballast water to be discharged in Australia, the Cocos Islands, or Australian waters; and (b) if so, the DSS risk assessment number given to the vessel or installation
27E	If a DSS risk assessment found the ballast water to be of high risk, whether a ballast water treatment or exchange has been undertaken at sea before arriving in Australia, the Cocos Islands, or Australian waters and, if so: (a) the ballast water treatment or exchange method used; and (b) if in any of the tanks or holds intended for discharge in Australia, the Cocos Islands, or Australian waters, the treatment or exchange was not conducted fully, the reasons for it not being conducted fully

[15] Subregulation 21 (1)

substitute

(1) A person must not give or report information, or cause information to be given or reported, to a quarantine officer under regulation 15, 16, 17, 19 or 20 (whether the requirement to give or report the information is made of the person or another person) if:

(a) the information is false or misleading in a material detail; and

(b) the person knows that the information is false or misleading in that detail.

Penalty: 50 penalty units.

[16] Part 2, Division 3, heading

substitute

Division 3 Ballast water and other sanitary requirements

[17] After regulation 22

insert

22A Ballast water information

(1) This regulation applies to an overseas vessel or overseas installation if it is capable of carrying ballast water while it is in Australia, the Cocos Islands or Australian waters.

(2) The master of the vessel or installation must:

(a) have on the vessel or installation the ballast water information for the vessel or installation for the previous 2 years, or the period since the commencement of this regulation, whichever is less; and

(b) make that information available to a quarantine officer on request by the officer.

Note 1 Sections 70 and 70AA of the Act gives a quarantine officer power to board a vessel or installation and examine certain papers on board and provides that it is an offence for the master of a vessel or installation to fail to produce those papers if required.

Note 2 Section 78A of the Act gives a quarantine officer power to direct that a specified process be carried out on a vessel or installation if the officer believes, on reasonable grounds, that the vessel or installation is in an insanitary condition.

(3) If the ballast water information is not made available to a quarantine officer on request, a quarantine officer may take that fact into account in forming an opinion for section 78A of the Act.

(4) For this regulation, ballast water information for a vessel or installation is the name, Lloyds number and call sign of the vessel or installation and the following information for each ballast water tank or cargo hold on the vessel or installation:

(a) for each ballast water treatment or exchange:

(i) the treatment or exchange method used; and

(ii) the latitude and longitude of the points where the treatment or exchange started and ended; and

(iii) the depth of water where the treatment or exchange was conducted; and

(iv) the identification number or name of the ballast water pumps used; and

(v) the capacity of the ballast tank or cargo hold; and

(vi) the volume of ballast water treated or exchanged; and

(vii) the time taken to fully treat or exchange the ballast water; and

(viii) the percentage of ballast water treated or exchanged; and

(ix) whether the ballast water sea suction strainers used in the treatment or exchange were in good order and repair and the date when they were last inspected;

(b) for each ballast water uptake:

(i) the name of the ballast water uptake port or, if the uptake was at sea, the latitude and longitude of the point where the uptake occurred; and

(ii) the date of the uptake; and

(iii) the local time when the uptake started; and

(iv) whether a sea suction strainer was used during the uptake and, if so, the following information about the strainer:

(A) its identification number;

(B) whether it was in good order and repair;

(i) the name of the port; and

(ii) the date of the discharge; and

(iii) whether it was a full or partial discharge; and

(iv) the estimated time when the discharge finished.

Note 1 Regulation 10 prescribes certain information about ballast water that must be included in pre-arrival reports for subsection 27A (2) of the Act.

Note 2 Regulation 18 prescribes certain matters about ballast water that a quarantine officer can require a master or medical officer to answer questions about under subsection 28 (1) of the Act.

[18] Regulation 32, note

omit

quarantine disease.

insert

quarantinable disease.

[19] Regulation 40

substitute

40 Prescribed laws (Act s 46A)

For section 46A of the Act:

(a) the Commonwealth laws mentioned in Schedule 1 are prescribed; and

(b) the State and Territory laws mentioned in Schedule 2 are prescribed.

Note 1 Under subparagraphs 46A (3) (a) (iii) and (iv) of the Act, a person who applies for approval of a place for treating or dealing with goods that are subject to quarantine may be required to make and sign a written declaration stating whether the person has been convicted of an offence against a law prescribed for the purposes of section 46A of the Act.

Note 2 Under subparagraphs 46A (9) (f) (iii) and (iv) of the Act, approval of a place for treating or dealing with goods that are subject to quarantine may be suspended or revoked if a relevant person is convicted of an offence against a law prescribed for the purposes of section 46A of the Act.

[20] Schedule 1

substitute

Schedule 1 Prescribed Commonwealth laws

(regulation 40)

Agricultural and Veterinary Chemicals Code Act 1994

Australian Meat and Live-stock Industry Act 1997

Biological Control Act 1984

Commerce (Trade Descriptions) Act 1905

Companies Act 1981

Company Law Review Act 1998

Corporations Law as set out in section 82 of the Corporations Act 1989

Crimes Act 1914

Environment Protection (Sea Dumping) Act 1981

Export Control Act 1982

Great Barrier Reef Marine Park Act 1975

Hazardous Waste (Regulation of Exports and Imports) Act 1989

Imported Food Control Act 1992

Ozone Protection Act 1989

Primary Industries Levies and Charges Collection Act 1991

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Therapeutic Goods Act 1989

Trade Practices Act 1974

Wildlife Protection (Regulation of Exports and Imports) Act 1982

Schedule 2 Prescribed State or Territory laws

(regulation 40)

Part 1 New South Wales

Agricultural and Veterinary Chemicals (New South Wales) Act 1994

Animal Research Act 1985

Crimes Act 1900

Dangerous Goods Act 1975

Environmentally Hazardous Chemicals Act 1985

Exotic Diseases of Animals Act 1991

Fertilisers Act 1985

Food Act 1989

Food Production (Safety) Act 1998

Health Administration Act 1982

Human Tissues Act 1983

Marine Pollution Act 1987

Meat Industry Act 1978

National Parks and Wildlife Act 1974

Non-indigenous Animals Act 1987

Noxious Weeds Act 1993

Ozone Protection Act 1989

Pharmacy Act 1964

Plant Diseases Act 1924

Poisons and Therapeutic Goods Act 1966

Protection of the Environment Operations Act 1997

Public Health Act 1991

Radiation Control Act 1990

Seeds Act 1982

Stock (Artificial Breeding) Act 1985

Stock (Chemical Residues) Act 1975

Stock Diseases Act 1923

Stock Foods Act 1940

Stock Medicines Act 1989

Summary Offences Act 1988

Veterinary Surgeons Act 1986

Waste Recycling and Processing Service Act 1970

Wilderness Act 1987

Part 2 Victoria

Agricultural and Veterinary Chemicals (Control of Use) Act 1992

Agricultural and Veterinary Chemicals (Victoria) Act 1994

Crimes Act 1958

Drugs, Poisons and Controlled Substances Act 1981

Environment Protection Act 1970

Food Act 1984

Health Act 1958

Livestock Disease Control Act 1994

Occupational Health and Safety Act 1985

Pharmacists Act 1974

Plant Health and Plant Products Act 1995

Veterinary Practice Act 1997

Part 3 Queensland

Agricultural and Veterinary Chemicals (Queensland) Act 1994

Agricultural Chemicals Distribution Control Act 1966

Agricultural Standards Act 1994

Biological Control Act 1987

Chemical Usage (Agricultural and Veterinary) Control Act 1988

Criminal Code

Exotic Diseases in Animals Act 1981

Food Act 1981

Health Act 1937

Meat Industry Act 1993

Nature Conservation Act 1992

Pharmacy Act 1976

Plant Protection Act 1989

Radioactive Substances Act 1958

Rural Lands Protection Act 1985

Stock Act 1915

Veterinary Surgeons Act 1936

Part 4 Western Australia

Agricultural and Veterinary Chemicals (Western Australia) Act 1995

Agricultural Produce (Chemical Residue) Act 1983

Agricultural Products Act 1929

Agriculture and Related Resources Protection Act 1976

Artificial Breeding of Stock Act 1965

Biological Control Act 1986

Environment Protection Act 1986

Exotic Diseases of Animals Act 1993

Fertilizers Act 1977

Health Act 1911

Human Reproductive Technology Act 1991

Occupational Safety and Health Act 1984

Pharmacy Act 1964

Poisons Act 1964

Pollution of Water by Oil and Noxious Substances Act 1987

Seeds Act 1981

Stock Diseases (Regulations) Act 1968

The Criminal Code

Veterinary Preparations and Animal Feeding Stuffs Act 1976

Veterinary Surgeons Act 1960

Wildlife Conservation Act 1950

Part 5 South Australia

Agricultural and Veterinary Chemicals (South Australia) Act 1994

Agricultural Chemicals Act 1955

Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986

Biological Control Act 1986

Controlled Substances Act 1984

Criminal Law Consolidation Act 1935

Dangerous Substances Act 1979

Drugs Act 1908

Environment Protection Act 1993

Food Act 1985

Fruit and Plant Protection Act 1992

Livestock Act 1997

Meat Hygiene Act 1994

National Parks and Wildlife Act 1972

Native Vegetation Act 1991

Noxious Insects Act, 1934–1974

Pharmacists Act 1991

Prevention of Cruelty to Animals Act 1985

Seeds Act, 1979

Stock Foods Act 1941

Stock Medicines Act 1939

Veterinary Surgeons Act 1985

Part 6 Tasmania

Agricultural and Veterinary Chemicals (Control of Use) Act 1995

Agricultural and Veterinary Chemicals (Tasmania) Act 1994

Animal Health Act 1995

Animal Welfare Act 1993

Biological Control Act 1986

Criminal Code Act 1924

Dangerous Goods Act 1998

Environmental Management and Pollution Control Act 1994

Fertilizers Act 1993

Health Act 1997

Meat Hygiene Act 1985

National Parks and Wildlife Act 1970

Noxious Insects and Molluscs Act 1951

Noxious Weeds Act 1964

Pharmacy Act 1908

Plant Quarantine Act 1997

Poisons Act 1971

Pollution of Waters by Oil and Noxious Substances Act 1987

Public Health Act 1997

Radiation Control Act 1977

Radiographers Registration Act 1971

Sale of Hazardous Goods Act 1977

Seeds Act 1985

Threatened Species Protection Act 1995

Veterinary Surgeons Act 1987

Workplace Health and Safety Act 1995

Part 7 Australian Capital Territory

Animal Diseases Act 1993

Animal Welfare Act 1992

Clinical Waste Act 1990

Crimes Act 1900

Dangerous Goods Act 1984

Environment Protection Act 1997

Fertilizers Act 1904

Food Act 1992

Health Act 1993

Meat Act 1931

Nature Conservation Act 1980

Occupational Health and Safety Act 1989

Pharmacy Act 1931

Plant Diseases Act 1934

Poisons Act 1933

Poisons and Drugs Act 1978

Public Health Act 1997

Public Health (Prohibited Drugs) Act 1957

Radiation Act 1983

Stock Act 1991

Veterinary Surgeons Act 1965

Part 8 Northern Territory

Agricultural and Veterinary Chemicals (Northern Territory) Act

Biological Control Act

Criminal Code Act

Dangerous Goods Act

Environmental Assessment Act

Food Act

Marine Act

Meat Industries Act

Noxious Weeds Act

Ozone protection Act

Pharmacy Act

Poisons and Dangerous Drugs Act

Plant Disease Control Act

Stock (Control of Hormone Growth Promotants) Act

Stock Diseases Act

Therapeutic Goods and Cosmetics Act

Territory Parks and Wildlife Conservation Act

Veterinarians Act

Work Health Act