87Regulations

87 Regulations

(1) The Governor‑General may make regulations, not inconsistent with this 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 this Act, and, without limiting the generality of the foregoing, may make regulations concerning the following matters: (a) for regulating the performance of quarantine; (b) for regulating and protecting quarantine stations, quarantine areas and places approved under section 46A and for prescribing measures of quarantine within any such stations, areas and places; (c) for regulating or preventing the entry of persons into, or the exit of persons from, quarantine stations, quarantine areas and places approved under section 46A; (d) for regulating or preventing the taking of animals, plants, goods or things into, or out of, quarantine stations, quarantine areas and places approved under section 46A; (e) for requiring notification to a quarantine officer of each case of a quarantinable disease which arises, or of a quarantinable pest which occurs, in Australia, the Cocos Islands or Christmas Island or within any specified part of Australia, the Cocos Islands or Christmas Island or within any quarantine area; (f) for prescribing the precautions to be taken to prevent the ingress to or egress from a vessel of rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease or pests; (g) for prescribing the measures to be taken by the masters or owners of vessels to destroy rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease or pests, which may exist on the vessels; (h) for prescribing and for establishing and maintaining on vessels or within any quarantine area of conditions unfavourable to, and to the migration of, rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease or pests, for fixing the time limit for the completion of any work necessary for the purpose of establishing such conditions, and for empowering the Minister, in case of default by the owner or master, to carry out any such work at the expense of the owner or master; (j) for prescribing the precautions to be taken by masters of vessels in respect of their vessels and the crews, passengers and cargoes of their vessels: (i) at declared places; and (ii) on voyages from declared places; and (iii) on voyages between Australian ports; and (iv) on voyages between ports in the Cocos Islands; and (iva) on voyages between ports in Christmas Island; and (v) on voyages between Australian ports and Australian installations; to prevent the introduction into Australia, the Cocos Islands or Christmas Island, or the establishment or spread, of quarantinable diseases or quarantinable pests; (k) for regulating the discharge or removal from a vessel of any thing, for example, ballast water, refuse, and equipment or things used for purposes associated with the transportation of animals, plants or other goods; (l) for regulating and controlling the sanitary conditions of: (i) vessels in, or on, ports or landing places; (ii) wharf areas and landing places which are, or are situated in, places which are declared places by virtue of section 12 (including buildings and stores on any such wharf areas and landing places) and refuse dumps on or adjacent to any such wharf areas and landing places; and (iii) Australian installations; (la) for prescribing measures to be taken (including measures relating to the examination of animals, plants, goods or things, or of any equipment or thing used for purposes associated with the transportation of animals, plants, goods or any other thing and to the sampling of ballast water) for the diagnosis and prevention of disease or pests for purposes of, or incidental to, quarantine; (lb) for requiring, or requiring arrangements to be made for, the treatment of, or the taking of other measures of quarantine in relation to, aircraft before or after they land in Australia, the Cocos Islands or Christmas Island; (m) for providing for the examination by quarantine officers of animals or plants for export from Australia, from the Cocos Islands or from Christmas Island; (n) for providing for the granting of certificates by quarantine officers in relation to any vessels, animals, plants, or goods examined or treated by them or under their supervision; (p) for prescribing the movements of any person subject to quarantine; (q) for prescribing measures of disinfection, fumigation, and other measures of quarantine which persons or goods subject to quarantine shall carry out or be subjected to; (qa) for prescribing methods of controlling the storage, use, movement and disposal in Australia, the Cocos Islands or Christmas Island of goods that: (i) have been imported into Australia, the Cocos Islands or Christmas Island, being goods the importation of which without the approval of the Minister or a Director of Quarantine is prohibited by a proclamation under section 13 or the importation of which without a permit granted pursuant to a proclamation made in accordance with subsection 13(2A) is prohibited; or (ii) are disease agents or pests produced in Australia from goods of the kind referred to in subparagraph (i); (r) for prescribing the conditions under which any prophylactic or curative vaccine or serum may be prepared and offered for sale; (ra) for prescribing matters relating to: (i) the making of an application for any of the following (however described), a permission, permit, authorisation or approval under this Act, the regulations, a Proclamation under this Act or a compliance agreement; and (ii) the procedures for consideration of such an application and the grant or refusal of the application; and (iii) the making of an order, determination or declaration under this Act, the regulations, a Proclamation under this Act or a compliance agreement; and (iv) the giving of a notice or direction, or the making of any other requirement, under this Act, the regulations, a Proclamation under this Act or a compliance agreement; (rb) for prescribing the manner in which any permission, permit, authorisation, approval, notice, direction, requirement or other instrument granted or given, or any order, determination, declaration or other instrument made, under this Act, the regulations, a Proclamation under this Act or a compliance agreement may be produced to a person or body; (s) for prescribing penalties not exceeding 50 penalty units for breaches of the regulations; (sa) enabling a person who is alleged to have contravened a provision of this Act or of the regulations to pay to the Commonwealth, as an alternative to prosecution, a penalty of not more than 10 penalty units; (t) for regulating for the purposes of this Act and the Regulations, navigation by air; (u) for prescribing the circumstances in which reports are to be made in relation to vessels, the matters to be covered in those reports, and the persons by whom, and the manner in which, those reports are to be made; (v) for regulating inter‑state traffic and prescribing measures of quarantine in relation to inter‑state traffic for the prevention of the occurrence or spread of diseases or pests. (1A) Regulations made under subsection (1) may: (a) apply in, or relate to, Australia, the Cocos Islands and Christmas Island; or (b) apply in, or relate to, Australia only; or (c) apply in, or relate to, the Cocos Islands only; or (d) apply in, or relate to, Christmas Island only. (1B) Without limiting the generality of subsection (1), regulations may be made under that subsection for the purpose of preventing the spread of diseases or pests to, or from, quarantine stations in the Cocos Islands or for the purpose of preventing, eradicating or controlling diseases or pests in the Cocos Islands, including regulations: (a) conferring functions and powers, and imposing duties, upon quarantine officers, including: (i) powers to enter, search and examine premises; (ii) powers to question persons; and (iii) powers to examine animals and plants; (b) prohibiting the entry of animals into areas adjoining quarantine stations in the Cocos Islands; (c) requiring the registration of live‑stock and other domestic animals in the Cocos Islands; (d) prohibiting the abandonment of animals in the Cocos Islands; (e) requiring the notification of diseases or pests in animals and plants in the Cocos Islands; (f) regulating the disposal of dead animals in the Cocos Islands; (g) providing for the eradication of vermin in the Cocos Islands; (h) prohibiting the growing of particular plants in the Cocos Islands or in parts of the Cocos Islands; (j) providing for the destruction of animals or plants in the Cocos Islands; or (k) providing for the payment of compensation to the owners of any animals or plants destroyed in pursuance of the regulations. (1BA) Without limiting the generality of subsection (1), regulations may be made under that subsection for the purpose of preventing the spread of disease or pests to, or from, quarantine stations in Christmas Island or for the purpose of preventing, eradicating or controlling diseases or pests in Christmas Island, including regulations: (a) conferring functions and powers, and imposing duties, on quarantine officers, including: (i) powers to enter, search and examine premises; and (ii) powers to question persons; and (iii) powers to examine animals and plants; and (b) prohibiting the entry of animals into areas adjoining quarantine stations in Christmas Island; and (c) requiring the registration of live‑stock and other domestic animals in Christmas Island; and (d) prohibiting the abandonment of animals in Christmas Island; and (e) requiring the notification of diseases or pests in animals and plants in Christmas Island; and (f) regulating the disposal of dead animals in Christmas Island; and (g) providing for the eradication of vermin in Christmas Island; and (h) prohibiting the growing of particular plants in Christmas Island or in parts of Christmas Island; and (i) providing for the destruction of animals or plants in Christmas Island; and (j) providing for the payment of compensation to the owners of any animals or plants destroyed in pursuance of the regulations. (1C) Notwithstanding the generality of section 12 of the Cocos (Keeling) Islands Act 1955, an Ordinance of the Cocos Islands has effect to the extent only that it is capable of operating concurrently with this Act and the regulations. (1D) Despite the generality of section 8 of the Christmas Island Act 1958, an ordinance of Christmas Island has effect to the extent only that it is capable of operating concurrently with this Act and the regulations. (2) Regulations made under paragraph (1)(v): (a) shall be published in the Gazette; (b) shall come into force only in pursuance of an order made by the Minister; (c) shall be in force in such State, Territory, place, area, or locality within the Commonwealth as the Minister by order directs; and (d) shall remain in force for such time as is specified in the order, but may from time to time, by a further order, be renewed for a further specified period for the same locality or part thereof. (3) Any order made by the Minister in pursuance of subsection (2) shall set forth the regulations to which the order relates. (4) A reference in this section to a vessel includes a reference to: (a) an Australian resources installation or a resources installation that is in Australian waters for the purposes of becoming attached to the Australian seabed; and (b) an Australian sea installation or a sea installation that is in Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area.