Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2002
(Circulated by authority of the Minister for
Agriculture, Fisheries and Forestry,
the Hon Warren Truss MP)
1. The purpose of this Bill is to enhance Australia's national emergency
powers in the event of a major emergency animal disease outbreak, such as foot
and mouth disease. The Bill provides for the Governor-General to declare by
proclamation, that an epidemic or danger of an epidemic has the potential to so
affect a primary industry of national significance (as defined) that it calls
for the exercise of coordinated response
powers
• empowers the Minister, upon the
making of the declaration by the Governor-General, to exercise coordinated
response powers
• provides that the
coordinated response powers allow the Minister to authorise persons who are the
executive heads of national response agencies (as defined) to give such
directions and take such action as the persons think necessary to control,
eradicate or remove the danger of the epidemic by quarantine measures or
measures incidental to quarantine
• amends
the scope of quarantine to put beyond doubt that the coordinated response powers
may extend to the seizure and destruction of animals, plants or other goods or
things and the destruction of premises comprising buildings or other structures
when treatment of the buildings is not
practicable
• expands the section of the Act
dealing with compensation for destroyed goods so that it also applies to
destroyed premises.
2. The Bill also extends the range of matters for
which the Commonwealth may enter into arrangements with the States or
Territories, broadens the range of person who may perform the powers and
exercise the functions of quarantine officers and introduces a new offence for
the importation of prohibited goods for commercial purposes.
3. The Bill has no budgetary impact and requires no additional
Commonwealth expenditure.
4. The Act will be called the Quarantine Amendment Act
2002.
5. Sections 1 to 3 will commence on Royal Assent. Schedule 1, Part 1
will commence on a day to be fixed by Proclamation.
Clause 3 –
Schedule(s)
6. Clause 3 provides that the amendment or the repeal of
Acts specified in the Schedule to the Bill and any other Item in the Schedule
will have effect according to the terms of that Item. Schedule 1, Part 1
provides for the extension of the Quarantine Act 1908 to enable
authorised Commonwealth, State and Territory officers to act in exceptional
circumstances. Schedule 1, Part 2 provides...
SCHEDULE 1 –
AMENDMENT OF THE QUARANTINE ACT 1908
Part 1 –
Extension of the Act to enable authorised Commonwealth, State and Territory
officers to act in exceptional circumstances
Item 1 - After
subsection 2B(2)
7. This item allows for the Governor-General, within
the proclamation outlined in subsection 2B(1) declaring that an epidemic or the
danger of an epidemic exists in any part of the Commonwealth, to make a further
declaration. The Governor-General may further declare that the epidemic, or the
danger of the epidemic has the potential to affect an industry of national
significance (described in Item 6 of this Bill).
8. This allows the
Governor-General to declare that an epidemic or danger of an epidemic is such
that coordinated response powers as provided for in Item 3 may be
exercised by the Minister.
9. The Minister may give a direction or take
an action in subsection 2B(2) regardless of any other laws of the Commonwealth,
States or Territories. This makes subsection 2B(2) consistent with the
provision in item 3, dealing with the exercise of coordinated response
powers.
10. This item allows for strict liability to apply to offences committed
under subsection 2B(3). It is not necessary for the offence to be committed
with intention, knowledge, recklessness or negligence, which is consistent with
the provisions of section 6.1 of the Criminal Code.
11. This item inserts a new section 3 in to the Act. This new section
sets out the arrangements for the exercise of the coordinated response
powers.
12. The coordinated response powers operate at two
levels of authorisation. The first level occurs under subsection 3(1).
Subsection 3(1) empowers the Minister to authorise persons who are the executive
heads of national response agencies to give such directions and take such action
as the persons think necessary to control, eradicate or remove the danger of the
epidemic, by quarantine measures or measures incidental to quarantine.
13. Such directions and action must comply with any conditions or
limitations specified by the Minister in the instrument. Such conditions and
limitations provide the Minister with additional controls and allow for
authorisations issued by the Minister to specify the conditions in which the
epidemic, or danger of the epidemic exists.
14. The second level of
authorisation occurs under subsection 3(2) which provides that once so
authorised, executive heads of national response agencies may, while the
authorisation remains, and subject to the same conditions or limitations
specified by the Minister in the instrument, authorise members of the agencies
to give such directions, or take such action as the persons think necessary to
control, eradicate or remove the danger of the epidemic.
15. An executive
head may also revoke any authorisation given to members of the agency at any
time.
16. An executive head when providing an authorisation to members of
the agency may apply additional conditions or limitations, which may not
necessarily apply to the authorisation given to the executive head of the
national response agency by the Minister. This allows controls specific and
appropriate to the agency in question to be imposed, which may not be necessary
or appropriate for other agencies.
17. The authorisation continues,
even if a person ceases to be the executive head of the agency. The successor
to that person continues to exercise the same powers authorised by the Minister.
18. An authorisation applying to a person does not affect that
person’s normal duties within the agency. This makes clear that the
powers afforded a person in an agency do not extend beyond giving directions and
taking action in relation to the epidemic or danger of the epidemic specified in
the authorisation.
19. An authorisation is automatically revoked when the
proclamation to which the authorisation relates is revoked.
20. In order
that impediments that may exist in other laws of the Commonwealth, States or
Territories do not effect these provisions, a person may give a direction or
take an action in subsection 2B(2) regardless of any other laws of the
Commonwealth, States or Territories.
21. An offence is committed if a
direction is given to a person and the person does not comply with the
direction. Strict liability applies to offences committed under this provision.
It is not necessary for the offence to be committed with intention, knowledge,
recklessness or negligence.
22. To avoid doubt, if a person is a
quarantine officer and is authorised under this provision to give directions and
take action, the restrictions which would normally apply to a quarantine officer
do not apply while undertaking the duties in relation to this
provision.
23. Apart from the usual permanent employees, this provision
also allows for persons performing duties in an agency, and which are subject to
this provision, to include contractors, temporary employees and those performing
duties in the agency on a voluntary basis.
Item 4 - Paragraph
4(a)
24. This item puts beyond doubt that the coordinated response
powers may extend to the seizure and destruction of animals, plants, or other
goods or things and the destruction of premises comprising buildings or other
structures when treatment is neither effective nor practicable.
25. This item specifies that when a person is authorised under the
provisions in Item 3 to give such directions and take such action as the person
thinks necessary to control, eradicate or remove the danger of an epidemic, such
directions or action must be no more than specifically appropriate to the
circumstances of the epidemic or the danger of the epidemic. Directions given
and action taken which are not appropriate to such circumstances are not
authorised.
Item 6 - Subsection 5(1)
26. This item defines
industry of national significance as it relates to the proclamation
outlined in Clause 1.
Item 7 - Subsection 5(1)
27. This
item defines national response agency as it relates to the provisions in
Clause 3. Provision is made for national response agencies to be notified in
the Gazette. In general terms, these will be agencies necessary and
effective in responding to situations requiring national and emergency response
measures. These agencies may include any arm or unit of the Australian Defence
Force, any department, or part of a department, of the Commonwealth, State or
Territory, or any other agency or authority established for a public purpose
under a law of the Commonwealth, State or Territory.
Item 8-
After subsection 5(1)
28. This item provides for the Minister to
consult with any Minister responsible for an agency that may be deemed to be a
national response agency that may be required to respond to a national emergency
response before a proclamation, as outlined in Clause 1, is made.
Item
9 - At the end of subsection 11(1)
29. This item allows for
the Governor-General to enter into an arrangement with the Governors of each
State and the Administrator of the Northern Territory if Australia has entered
into any international agreements to provide certification for export products.
The Commonwealth may provide assistance, when considered necessary or
convenient, to the States and the Northern Territory in the implementation and
monitoring of arrangements to enable certification of export products resulting
from any international agreements to which the Commonwealth is party and in
providing reports on such implementation and monitoring to the Commonwealth.
30. Such arrangements will ensure that the Commonwealth, States and
Territories can utilise resources and information for a national benefit, in
this case ensuring that export products comply with Australia’s
international agreements with trading partners.
Item 10 - At the end
of subsection 11(2)
31. This item allows for the Prime Minister to
enter into an arrangement with the Chief Minister of the Australian Capital
Territory if Australia has entered into any international agreements to provide
certification for export products. The Commonwealth may provide assistance,
when considered necessary or convenient, to the Australian Capital Territory in
the implementation and monitoring of arrangements to enable certification of
export products resulting from any international agreements to which the
Commonwealth is party and in providing reports on such implementation and
monitoring to the Commonwealth.
32. Such arrangements will ensure that
the Commonwealth and the Australian Capital Territory can utilise resources and
information for a national benefit, in this case ensuring that export products
comply with Australia’s international agreements with trading
partners.
Item 11 - Subsection 69A(1)
33. This item amends
the existing subsection 69A(1), in relation to compensation for goods destroyed
in accordance with the Act, to include provision for compensation for any
buildings or other structures (premises) destroyed in accordance with the
Act. This provision relates to the amendment outlined in Item 4, which enhances
the scope of quarantine to put beyond doubt that the coordinated response powers
may extend to the seizure and destruction of premises comprising buildings or
other structures when treatment of the buildings is not
practicable.
Item 12 - Subsections 69A(3) and (5)
34. Item11 provides for premises to be added to these subsections
within the provision in the Act dealing with compensation for destroyed
goods.
Item 13 - Subsection 69A(6)
35. This item adds the
owners of premises to the subsection in the Act dealing with providing
information in relation to destruction of goods or premises.
Item 14 -
Subsections 69(A) (7), (9), (10) and (11)
36. This item also allows
for premises to be added to the provision in the Act dealing with
compensation for destroyed goods.
Item 15 - Subsection
69A(14)
37. Item 14 provides that premises be added to the
subsection dealing with the definition of owner.
Item 16 -
Subsection 69A(14)
38. This Item defines the owner of the
premises.
Item 17- After subsection 82(1)
39. This
item allows for persons that this Bill provides can give such directions and
take such action in relation to the eradication of an epidemic or the removal of
the danger of an epidemic to be protected from civil proceedings in relation to
action taken in good faith while performing any function or duty, or the
exercise of any power provided for in this Bill.