The ''Quarantine Act 1908'' (Cth) was an Act of the

Parliament of Australia The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...

which is no longer in effect. It was assented to on 30 March 1908. It was superseded by the ''

Biosecurity Act 2015 The ''Biosecurity Act 2015'' is an Act of the Parliament of Australia which manages biosecurity risks in Australia. It was enacted on 16 June 2015, after the Bill was passed with bipartisan support on 14 May 2015. It covers both agricultural ...

'' and repealed on 16 June 2016.

History

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

imported

livestock Livestock are the domesticated animals raised in an agricultural setting to provide labor and produce diversified products for consumption such as meat, eggs, milk, fur, leather, and wool. The term is sometimes used to refer solely to animals ...

from several countries with livestock diseases in the 18th century and by the late 19th century,

quarantine A quarantine is a restriction on the movement of people, animals and goods which is intended to prevent the spread of disease or pests. It is often used in connection to disease and illness, preventing the movement of those who may have been ...

measure were implemented by the Australian colonies. Clause 51(ix) of the Australian Constitution empowered the federal government to make laws in relation to quarantine. In 1906, the state premiers agreed that the administration of quarantine be transferred to the

Commonwealth Government The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government ...

and thus, two years later, the federal parliament enacted the Act, which provided a national approach to quarantine for the first time. When the Act was passed, sea travel was the only way that people and goods could reach Australia, and the main concern was protecting the country from outbreaks of "quarantinable disease", such as the

bubonic plague Bubonic plague is one of three types of plague caused by the plague bacterium (''Yersinia pestis''). One to seven days after exposure to the bacteria, flu-like symptoms develop. These symptoms include fever, headaches, and vomiting, as well a ...

yellow fever Yellow fever is a viral disease of typically short duration. In most cases, symptoms include fever, chills, loss of appetite, nausea, muscle pains – particularly in the back – and headaches. Symptoms typically improve within five days. In ...

smallpox Smallpox was an infectious disease caused by variola virus (often called smallpox virus) which belongs to the genus Orthopoxvirus. The last naturally occurring case was diagnosed in October 1977, and the World Health Organization (WHO) c ...

cholera Cholera is an infection of the small intestine by some strains of the bacterium ''Vibrio cholerae''. Symptoms may range from none, to mild, to severe. The classic symptom is large amounts of watery diarrhea that lasts a few days. Vomiting and ...

and

leprosy Leprosy, also known as Hansen's disease (HD), is a long-term infection by the bacteria ''Mycobacterium leprae'' or ''Mycobacterium lepromatosis''. Infection can lead to damage of the nerves, respiratory tract, skin, and eyes. This nerve damag ...

. The Act was amended more than 50 times in its 108 years of existence, as biosecurity risks in Australia changed over time, and the broader concept of

biosecurity Biosecurity refers to measures aimed at preventing the introduction and/or spread of harmful organisms (e.g. viruses, bacteria, etc.) to animals and plants in order to minimize the risk of transmission of infectious disease. In agriculture, thes ...

came to include "protection of the economy, environment and human health from negative impacts associated with entry, establishment or spread of exotic pests and diseases"; a more proactive approach. A number of reviews were undertaken, including the Nairn Report, and then 2008 ''Beale Review'', a "comprehensive and independent review of Australia’s quarantine and biosecurity arrangements", which recommended new biosecurity legislation to replace the ''Quarantine Act''.

The Act

The Act at its last revision (Compilation No. 44, June 2016) provided for: CC-BY icon

Text was copied from this source, which is available under
Creative Commons Attribution 4.0 International License
* Power to supersede

measures under State Acts, "Whenever the

Governor-General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...

is satisfied that an emergency exists which makes it necessary to do so... And may at any time revoke or vary such proclamation". (Chapter 2A) * The Governor-General to declare the existence of an

epidemic An epidemic (from Ancient Greek, Greek ἐπί ''epi'' "upon or above" and δῆμος ''demos'' "people") is the rapid spread of disease to a large number of patients among a given population within an area in a short period of time. Epidemics ...

. (Chapter 2B) * The Governor-General to give authorisation to various people or agencies to coordinate a response to the epidemic. (Chapter 3) It also specified the scope of "quarantine" and defined various terms used in the Act; administration arrangements, including arrangements with states and territories; the relationship with the ''

Environment Protection and Biodiversity Conservation Act 1999 The ''Environment Protection and Biodiversity Conservation Act 1999'' (Cth) is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity and its natural and cultu ...

'' and the Environment Minister; general provisions; quarantining of vessels, persons, goods, animals and plants; monitoring and control; powers for enforcement of the Act, and a number of miscellaneous matters.

Repeal and replacement

In 2015, the ''

'' replaced most of the Act, which was wholly repealed on 16 June 2016 by the ''Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015''. The new Act was a major reform of the ''Quarantine Act'', in particular in its strengthening and modernising the biosecurity legislation in Australia. New requirements included how the then

Department of Agriculture and Water Resources The Australian Government Department of Agriculture and Water Resources was a government department that existed between 2015 and 2019, which was responsible for developing and implementing policies and programs that contribute to strengthening ...

would manage

risks associated with goods, people and vessels entering Australia.

References

{{reflist Acts of the Parliament of Australia 1908 in Australian law Biosecurity Quarantine