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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These Regulations set rules for importing plants and plant products: importers must notify quarantine officers, produce specified certificates, submit goods for inspection, and pay inspection, fumigation and supervision fees before delivery. Quarantine officers and the Chief Quarantine Officer decide quarantine, treatment, fumigation, repacking, destruction or release of consignments. The instrument also repeals an earlier Part VII and includes a technical dilution table for lime‑sulphur.
It affects importers, shippers and quarantine staff by allocating costs to importers, creating procedural steps for landing goods, and giving departmental officers operational discretion.
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Direct links to the current provisions in Quarantine (Plants) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1935. No. 91.
REGULATIONS UNDER THE QUARANTINE ACT 1908-1924.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Quarantine Act 1908-1924.
Dated this eleventh day of September, 1935.
Governor-General.
By His Excellency's Command,
W. M. HUGHES
Minister of State for Health.
Quarantine (Plants) Regulations.
Citation.
1. These Regulations may be cited as Quarantine (Plants) Regulations.
Repeal.
2. Part VII. of the Quarantine Regulations 1927 as amended prior to the date of commencement of these Regulations, is hereby repealed.
Definitions.
3.—(1.) In these Regulations, unless the contrary intention appears—
“diseased” means affected with disease, and includes showing the presence or evidence of any deteriorated or abnormal condition, whether dependent on the presence of or due to the operation, development, growth, or effect of any disease.
“goods” means all kinds of movable property.
“importer” includes owner, consignee or the agent for either.
“pest” includes weed pest as well as insect pest.
“plant” means plants of any kind or size and includes cuttings, slips and buds, the fruit and seeds and all live parts of plants.
“quarantine officer” means a quarantine officer dealing with the quarantine of imported plants, insects and goods.
“Chief Quarantine Officer” means the Chief Quarantine Officer for the Plant Division of Quarantine, dealing with the quarantine of imported plants, insects and goods in any State or Territory.
“the Act” means the Quarantine Act 1908-1924 and if that Act is at any time amended includes that Act as so amended.
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* Notified in the Commonwealth Gazette on , 1935.
2270.—6/28.8.1935.—Price 1s.
(2.) In these Regulations any reference to a Schedule shall be read as a reference to a Schedule to these Regulations and any reference to a Form shall be read as a reference to a form contained in the First Schedule.
(3.) Strict compliance with the Forms contained in the First Schedule shall not be necessary and substantial compliance shall be sufficient.
Importer’s notice.
4. Any person desirous of landing any imported plants shall give to the quarantine officer at the port of landing a notice and a declaration in accordance with Form Q.-P.l, which shall be printed on pink paper.
Timber—Importer’s notice.
5. No person shall import any timber (either logs or sawn timber) unless he has given to the quarantine officer at the port of entry a notice and declaration in accordance with Form Q.-P.2, which shall be printed on blue paper.
Fees for Inspection.
6.—(1.) The fees specified in the Schedule 2 shall be paid by the importer, for the inspection of imported plants or goods.
(2.) The fees shall be charged according to net weights when fixed by weight, except where otherwise specified, and shall be paid before delivery of the plants or goods.
Fees for fumigation.
7.—(1.) Fees for the fumigation of plants or goods, as specified in Schedule 2, shall be paid by the importer.
(2.) The fees shall be charged according to net weight when fixed by weight, unless otherwise indicated and shall be paid before delivery of the plants or goods.
Permit to deliver.
8. A quarantine officer shall in respect of any imported plants or goods not otherwise provided for under these Regulations and found after careful inspection to be free from disease, issue a permit authorizing delivery of the plants or goods in accordance with Form Q.-P.3, which shall be printed on white paper.
Ordering into quarantine.
9. When any plants or goods have been ordered into quarantine, they shall be immediately removed to a quarantine station or other place approved by the Chief Quarantine Officer in such manner and by such means as the quarantine officer directs.
Delivery into quarantine and interstate transfer.
10. When a quarantine officer has ordered any plants or goods into quarantine he shall issue an order to be served on the importer of the plants or goods, and shall forward to the Customs or other officer in charge, a permit authorizing delivery of the said plants or goods, either to a quarantine station or for inter-State transfer in accordance with Form Q.-P.4, which shall, with the order, be printed on yellow paper.
Packages and packing.
11.—(1.) Any package which has contained any diseased plants or goods may if so directed by the Chief Quarantine Officer, be disinfected or treated as prescribed.
(2.) Any package or packing material connected with any imported plants or goods and consisting of straw, moss, fibre, peat, sawdust, cotton waste, or other material, considered by the quarantine officer likely to introduce disease or pests shall be ordered into quarantine and fumigated, treated or destroyed as directed by the Chief Quarantine Officer.
(3.) Any packing material with which plants or goods arc packed or which accompanies any plants or goods to serve as packing, filling, lining, wrapping, moisture retention, protection or for any other purpose, consisting of soil containing an appreciable admixture of vegetable matter, grass, hay, chaff, hulls of seeds, leaves and twigs of plants, bark or forest litter, shall be ordered into quarantine and forthwith detroyed at the quarantine station or at any place that may be approved by the Chief Quarantine Officer.
Staff obedience.
12. Any person employed in any quarantine station shall obey the orders and carry out the instructions of the quarantine officer in charge and shall assist by every means within his power to prevent any spread of disease or pests.
Release from quarantine.
13. Any plants or goods which have undergone quarantine and treatment and which, after examination by the quarantine officer, are certified by him to be free from disease, may, when all contingent expenses have been duly paid, be removed from the quarantine station on the issue by the quarantine officer to the importer of a certificate of release from quarantine and a permit to remove, in accordance with Form Q.-P.5, which shall be printed on green paper.
Removal of plants from quarantine.
14. Any imported plants or goods which have been treated at a quarantine station or other place approved by the Chief Quarantine Officer in accordance with these Regulations, and released from quarantine, and in respect of which a permit to remove has been issued, shall be removed forthwith by the importer.
Disposal of plants from quarantine.
15. If any plants or goods in quarantine in respect of which a permit to remove has been issued, are not removed and remain unclaimed after a period of seven days, they may be sold or destroyed, or otherwise disposed of as directed by the Director of Quarantine.
Treating and reconditioning plants and goods.
16. Any imported fruit, vegetables (including tubers, bulbs, corms, and rhizomes), nuts, cereals, pulse, or other seed, of which any proportion is on inspection by a quarantine officer found to be or suspected of being affected with a disease, or any cereals, pulse, or other seed found on inspection to be mixed with the seed of a proclaimed weed pest, shall be ordered into quarantine, and may, under the supervision of a quarantine officer, be treated as prescribed (or as the Chief Quarantine Officer may direct), or sorted at a quarantine station or other approved place, subject to the following conditions, viz.:—
(a) The fruit, vegetables, nuts, cereals, pulse, or other seed shall, as directed by a quarantine officer, be removed to a quarantine station or other approved place.
(b) Any such fruit, vegetables, nuts, cereals, pulse, or other seed treated, sorted, or cleaned to the satisfaction of the quarantine officer shall, with the exception of bananas, which may be delivered unpacked, be repacked in clean cases, bags, or other packages, which shall be supplied by the importer, who may then be permitted to take delivery under an order issued by a quarantine officer.
(c) Any case, bag, or other package which has contained any diseased fruit, vegetables, nuts, cereals, pulse, or other seed, shall, before delivery, be disinfected as prescribed or to the satisfaction of the Chief Quarantine Officer, or shall be destroyed or otherwise disposed of as ordered by the Director of Quarantine.
(d) Any fruit, vegetables, nuts, cereals, pulse, or other seed which have been sorted and are deemed by a quarantine officer to be diseased, may, at the expense of the importer, and if approved by the Minister be re-shipped and exported, or may be destroyed or denaturated as prescribed.
Any seed of a proclaimed or prohibited weed pest shall, at the importer's expense, be destroyed or denaturated as prescribed, or in such manner and at such place as the Chief Quarantine Officer may direct.
(e) The importer shall, unless a quarantine officer decides that the work shall be performed by the Department at the cost of the importer, provide all cartage and labour in connexion with the treatment, sorting, picking over, cleaning, or repacking of any imported fruit, vegetables, nuts, cereals, pulse, or other seed, or goods.
17. Any plant not otherwise provided for in these Regulations shall be retained in quarantine for such period as the Chief Quarantine Officer deems necessary, having regard to the nature and condition of the plant and the place from which it comes.
Infected goods landed in quarantine.
18. Any imported goods found to be infested with a noxious insect or pest or fungus, may if so directed by the Chief Quarantine Officer be landed in quarantine and treated under the supervision of a quarantine officer at a quarantine station or depot or other approved place.
Costs to be paid by the importer.
19. Unless the Chief Quarantine Officer decides that the work shall be performed by the Department, at the cost of the importer, all cartage and labour in connexion with the treatment of such goods shall be provided by the importer.
Fees for supervision.
20. In addition to any other charges a fee for supervision shall be charged, as specified in the Schedule 2 and the minimum fee charged for a period less than one hour shall be that specified in Schedule 2.
Certificates, permits, &c.
21. Any person desirous of landing any imported plant shall, at the time of giving notice as required by regulation 4, furnish also the following declarations, certificates, notices and permits, and comply with the following conditions:—
Bananas from Fiji.
A. In the case of bananas (fruit only) from Fiji, a certificate dated and signed by a responsible officer of the Department of Agriculture of Fiji, certifying that the bananas are free from disease.
Citrus fruits.
B. In the case of citrus fruits and citrus pips (imported as pips) from any country in which citrus canker does not exist, a certificate dated and signed by a responsible officer of the Department of Agriculture of the country of origin certifying that—
(a) the fruit was grown in the country specified;
(b) the consignment is free from citrus canker;
(c) the fruit after picking and prior to packing was effectively fumigated with hydrogen cyanide gas or by such other gas or method as is prescribed or approved by the Director of Quarantine.
(d) the pips are clean and free from pulp.
Potatoes.
C.— (1.) In the case of potatoes from any country, a certificate dated and signed by a responsible officer of the Department of Agriculture of the country of origin, identifying the potatoes, stating the quantity, and certifying—
(a) that they were grown in the country named;
(b) that they were packed in the country of origin in clean new packages;
(c) that at the date of issue of the certificate they were free from Phytophthora infestans, Synchytrium endobioticum, Spongospora subterranean and all other serious diseases.
(2.) All potatoes, other than those imported for food purposes, shall, after being landed in quarantine, be planted in a quarantine station and grown through one or more successive generations, until on inspection it is found that the progeny is free from disease. Only potatoes found to be free from disease shall be released from quarantine.
(3.) All bags, crates or other packages containing potatoes shall be marked on the outside with the name of the country of origin and with other marks which will serve to identify the consignment.
Cotton and cotton seed.
22.—(1.) Any person desirous of importing cotton seed for the purpose of extracting oil or for manufacturing purposes, shall comply with the following conditions:—
(2.) Prior to shipment an application for permission to import shall be made to the Minister stating the quantity desired to be imported, the origin of the seed, port of shipment, the treatment (if any) given in the country of origin, the vessel and anticipated date of arrival in Australia.
(3.) A permit to import shall be obtained from the Minister, subject to any conditions which he may think fit to impose.
Cotton from Northern Territory.
23. No person shall import cotton and cotton seed produced in the Northern Territory or in the north-west of Australia north of the parallel of latitude of 26° south, into any other State of Australia or into that part of Western Australia south of that parallel of latitude, unless—
(a) such cotton lint is treated in a vacuum apparatus as prescribed for the treatment of bales of imported raw cotton and
(b) such cotton seed is treated by the dry heat process, at a minimum temperature of 145°F. maintained for a period of one hour, in an approved apparatus.
Hops.
24.—(1.) Any person desirous of importing “hops” for manufacturing purposes, from countries other than those which are known to
be free from downy mildew and mosaic diseases, shall comply with the following conditions:—
(2.) An application for permission to import for special purposes shall be made to the Minister, stating the nature and quantity desired to be imported, the reasons for the importation, the precautions to be taken to procure “hops” free from disease and to ensure delivery without escape.
(3.) A permit to import shall be obtained from the Minister subject to any condition which he may think fit to impose, in addition to the requirement that such hops when imported shall be contained in sealed metal-lined cases, shall be landed in quarantine and opened under the supervision of a quarantine officer, at the factory or brewery for immediate use in the manufacture.
Nursery stock free from soil.
25. Any imported plant, nursery stock, cuttings or other plant parts growing in soil, sand or earth shall be ordered into quarantine and thoroughly freed from such material by being washed in water, or otherwise treated as directed by the Director of Quarantine.
Importation of peanuts.
26.—(1.) Any person desirous of importing peanuts in the shell shall obtain the permission of the Minister, to import.
(2.) In the case of peanuts which are imported, in the shell for roasting or manufacturing purposes, the importer shall obtain the approval of the Director of Quarantine as to the suitability of his premises for storage and roasting and shall comply with the following conditions:—
(a) The peanuts shall be removed from the wharf to premises approved by the Minister for the purpose of storing under bond, roasting or manufacturing;
(b) The peanuts shall not be sold or disposed of or removed from the said premises in a raw or unmanufactured condition with the exception of—
(i) those peanuts which are held in bond in premises approved for storage only, which may be removed to other approved premises, for the purposes of r
This is an opening excerpt, not the complete document.