Commonwealth Numbered Regulations - Explanatory Statements

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QUARANTINE (GENERAL) REGULATIONS (AMENDMENT) 1997 NO. 85

Statutory Rules 1997 No. 85

Issued by the Authority of the Minister for Primary Industries and Energy

Quarantine Act 1908

Quarantine (General) Regulations (Amendment)

Subsection 87 (1) of the Quarantine Act 1908 (the Act) provides, inter alia, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 87 (1) (sa) of the Act provides that a person who is alleged to have contravened a provision of the Act or of the Regulations may pay a penalty fine to the Commonwealth, as an alternative to prosecution.

The purpose of the proposed Regulations is to provide for the introduction of a system of infringement notices for minor breaches of the Quarantine Act as follows:

Proposed Regulation 2 inserts new Regulation 84 requiring a person entering Australia to complete a quarantine declaration that is neither false nor misleading in a material particular.

Proposed Regulation 3 inserts new Regulations 85 to 96 which make up a new Part 9 of the Regulations, Infringement Notices.

Regulation 85 defines the terms used in these regulations such as infringement notice, infringement notice offence, prescribed penalty, and quarantine clearance area.

Regulation 86 provides for the serving of infringement notices by Quarantine Officers.

Regulation 87 requires the person being served with an infringement notice to provide their name and address and to show evidence of the person's identity.

Regulation 88 provides for the withdrawal of infringement notices.

Regulation 89 prescribes what information must be included in an infringement notice.

Regulation 90 provides for the extension of the time allowed for payment of an infringement notice.

Regulation 91 provides that where the prescribed penalty is paid then:

- any liability of the person in respect to the offence is discharged; and

- no further proceedings may be taken against the person in respect of the offence; and

- the person is not to be taken to have been convicted of the offence.

Regulation 92 provides for the refund of the prescribed penalty if an infringement notice is withdrawn.

Regulation 93 provides for evidentiary matters regarding infringement notice offences.

Regulation 94 deals with issues where more than one infringement notice is served for the same infringement notice offence.

Regulation 95 provides for the payment of a prescribed penalty by cheque.

Regulation covers the effect Part 9 of the Regulations has on the institution and prosecution of proceedings.

The proposed Regulations would commence on gazettal.