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Quarantine Amendment Regulations 2007 (No. 3)

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Quarantine Amendment Regulations 2007 (No. 3)1
Select Legislative Instrument 2007 No. 341
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Quarantine Act 1908.
Dated 4 October 2007
MARIE BASHIR
Administrator
By Her Excellency’s Command
TONY ABBOTT
Minister for Health and Ageing
1              Name of Regulations
                These Regulations are the Quarantine Amendment Regulations 2007 (No. 3).
2              Commencement
                These Regulations commence on 15 December 2007.
3              Amendment of Quarantine Regulations 2000
                Schedule 1 amends the Quarantine Regulations 2000.
Schedule 1        Amendments
(regulation 3)
  
[1]           Regulation 4, definition of ship sanitation certificate
substitute
ship sanitation certificate means:
                (a)    a Ship Sanitation Control Exemption Certificate issued under:
                          (i)    regulation 30B; or
                         (ii)    a law of a foreign country in accordance with Article 39 of the International Health Regulations (2005); or
               (b)    a Ship Sanitation Control Certificate issued under:
                          (i)    regulation 30C; or
                         (ii)    a law of a foreign country in accordance with Article 39 of the International Health Regulations (2005).
[2]           Part 2, after Division 3
insert
Division 4              Ship sanitation certification scheme
30A         Definitions for Division 4
                In this Division:
contamination has the meaning given by Article 1 of the International Health Regulations (2005).
infection has the meaning given by Article 1 of the International Health Regulations (2005).
quarantine officer (human quarantine) means a person appointed under subsection 9 (2) of the Act.
reservoir has the meaning given by Article 1 of the International Health Regulations (2005).
Note   First port of entry and vector are defined in subsection 5 (1) of the Act.
30B         Ship Sanitation Control Exemption Certificates
         (1)   Subregulation (2) applies if:
                (a)    the master of an overseas ship in a first port of entry asks a quarantine officer (human quarantine) for a Ship Sanitation Control Exemption Certificate; and
               (b)    the master does not have a valid ship sanitation certificate for the overseas ship; and
                (c)    the officer is satisfied that the overseas ship is free from infection and contamination, including vectors and reservoirs.
         (2)   The officer must issue a Ship Sanitation Control Exemption Certificate for the overseas ship.
30C         Ship Sanitation Control Certificates
         (1)   Subregulation (2) applies if:
                (a)    the master of an overseas ship in a first port of entry has been given a direction under section 78A of the Act; and
               (b)    a quarantine officer (human quarantine) is satisfied that each process specified in the direction has been carried out in the manner specified in the direction for the overseas ship.
         (2)   The officer must issue a Ship Sanitation Control Certificate for the overseas ship that includes:
                (a)    details of each process carried out; and
               (b)    the officer’s comments about conditions on the overseas ship.
Note   For the power of a quarantine officer to direct that a specified process be carried out on a vessel or installation in a specified manner, see section 78A of the Act.
30D         Matters to be considered by quarantine officers (human quarantine)
                In making a decision under regulation 30B or 30C about an overseas ship, a quarantine officer (human quarantine) must consider the following:
                (a)    the pre‑arrival information for the overseas ship provided under section 27A of the Act;
               (b)    whether pratique has been granted for the overseas ship;
                (c)    information about the condition of the overseas ship, including information about the following:
                          (i)    waste management;
                         (ii)    any animals on board;
                         (iii)    ballast water;
                        (iv)    the presence of insects;
                         (v)    sanitation;
                        (vi)    the presence or absence of rodents;
               (d)    any other relevant information about the overseas ship.
30E         Form of certificates issued under Division 4
         (1)   A ship sanitation certificate issued under this Division must be in the form approved by the Minister under subregulation (2).
         (2)   The Minister may approve a form for a ship sanitation certificate.
Note   Information about the approved form and how to obtain a ship sanitation certificate is available on the Internet — see http://www.aqis.gov.au and http://www.health.gov.au.
30F         Period for which ship sanitation certificates issued under Division 4 are valid
                A ship sanitation certificate issued under this Division is valid for 6 months beginning on the day when it is issued.
30G         Extension of ship sanitation certificates
         (1)   Subregulation (2) applies if:
                (a)    an overseas ship enters a first port of entry; and
               (b)    the overseas ship has:
                          (i)    a valid ship sanitation certificate; or
                         (ii)    a ship sanitation certificate that expired within 1 month before the date the overseas ship enters the port; and
                (c)    it is not practicable for the overseas ship to be examined at the port; and
               (d)    the master of the overseas ship asks a quarantine officer to extend the validity of the certificate.
         (2)   The officer must, by writing on and signing the ship sanitation certificate, extend the validity of the certificate by no more than 1 month.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.