Mr VAILE (Trade) (10:23 AM) —I move:

That the bill be now read a second time.

This bill proposes amendments to the Quarantine Act 1908. The bill reflects the government's legislative response to the wide-ranging recommendations of the Australian Quarantine Review Committee, chaired by Professor Malcolm Nairn. The review commenced in January 1996 and its final report, entitled Australian quarantine: a shared responsibility , was presented to the then Minister for Primary Industries and Energy, the Hon. John Anderson, in late 1996.

The government adopted almost all of the 109 recommendations in the report, including the recommendation that the Quarantine Act 1908 be revised as soon as possible to reflect fully the changed scope and focus of quarantine advocated in the report.

In its response to the Nairn committee's recommendations, the government delivered on its commitment to overhaul Australia's quarantine system and to provide the resources necessary to adequately protect our multibillion dollar agricultural, fishing and forestry industries and our environment. As part of this investment in the future of Aus tralia, the government announced that it would provide an additional $76 million over the next four years for quarantine.

The Nairn report found that Australia has remained relatively free of many major pests and diseases of animals and plants, despite the massive increase in international trade and movement of people and dwindling government financial support for the quarantine service. However, the report argued for a new focus on quarantine, based on a shared responsibility between industry, government and the general public, to ensure that the effectiveness of Australia's approach to quarantine protection is not diminished and to ensure that Australia is best placed to meet the challenges that will confront us as we move into the next millennium.

The proposed amendments to the Quarantine Act will ensure that Australia has the regulatory framework essential to the protection of our agricultural industries and environment and to the maintenance and development of the export markets which are crucial to our national wellbeing.

The government accepted the report's view of the fundamental importance to the community of maintaining Australia's unique natural environment. The government proposes in this bill to give explicit expression to the role of quarantine in protecting the environment. In addition, the bill includes a provision which imposes an obligation on quarantine decision makers to consult with the environment minister in certain circumstances. Although quarantine decision making already takes environmental considerations into account, these amendments implement commitments given prior to the recent election in the policy statement entitled Our Living Heritage.

The Nairn report recognised and endorsed an increasing role for industry in the performance of some quarantine activities. To facilitate this trend, the bill proposes changes which will provide a better framework for properly monitored industry involvement through the use of industry-developed quality assurance arrangements, and the use of approved commercial premises for quarantine purposes. The bill also updates the fees provisions to ensure that the Australian Quarantine and Inspection Service can charge for the full range of services it provides to industry.

The report confirmed that Australia must continue to practice a managed risk approach to quarantine, an approach based on scientific reasoning and consistent with international rules and standards. The changes proposed by this bill will further assist Australia in complying with our international obligations by formally introducing the concept of level of quarantine risk.

The government endorsed the report's focus on the continuum of quarantine comprising pre border measures to reduce the threat of entry, border controls, post border measures such as surveillance and monitoring to ensure early detection of incursions and an ability to deal with emergency situations to ensure that the spread of pests and diseases can be contained, controlled or eradicated as appropriate.

The legislative response proposed by the government in this bill recognises the need to ensure that there are appropriate powers to deal with quarantine risks across the continuum of quarantine. For example, the bill proposes to strengthen reporting requirements and questioning powers, to provide a more responsive approach to the types of treatments which can be required, to introduce a power to order re-export of illegally imported goods, to clarify the powers to deal with insanitary vessels and to broaden the emergency power.

Effective border management is highly dependent on the ability of quarantine officers to obtain a full and accurate report from vessels. The bill proposes an improvement to the current pre-arrival and pre-departure report provisions while allowing for full coverage of all matters likely to be of quarantine interest such as ballast water but at the same time facilitating a reduction in routine reporting where the quarantine risk is low. The bill also proposes an expansion of the range of questions that quarantine officers can ask the master or medical officer of a vessel.

In addition, the bill proposes a reduced reliance in the act on prescribed treatments or prescribed periods to allow more flexibility and responsiveness to particular circum stances. Quarantine officers need to be able to apply the most appropriate treatments and to ensure that the treatment fits the needs of each particular case. Prescription in these circumstances is too limiting.

The bill proposes new powers in relation to goods imported contrary to the act or proclamation. Currently, these goods are automatically forfeited to the Commonwealth and there is no power to order removal from Australia of high risk goods or to order the return to the importer where the importer is willing and able to rectify the non-compliance. These new powers will enable a more practical and effective management of non-complying imports. In particular, the power to order removal from Australia of illegal imports means that high risk goods will be removed from Australia rather than linger at Australian ports awaiting the outcome of the often lengthy negotiations between exporters, importers and vessel owners about who is responsible for the non-compliance.

The bill also proposes to put beyond doubt the scope of matters on which a quarantine officer may issue directions in order to deal appropriately with the quarantine risk posed by a vessel in an insanitary condition. In order to be better prepared for barrier breakdowns, the bill proposes to extend section 12A of the act so that the emergency power can be invoked in respect of a disease or pest which is unidentified. At present, the power can only be exercised when the emergency has arisen as a result of a quarantinable disease, which is a disease that has to be proclaimed by the Governor-General under the act.

The success of the quarantine detector dog program was highlighted in the Nairn report and the government has accepted the recommendation that the program be expanded at international airports, international mail centres, seaports and courier depots by an estimated 22 teams by the year 2000. The government proposes in this bill to give full legislative backing to the role of the dogs in border activities.

The government has also taken the opportunity in this bill to review the penalties for quarantine offences and to add a number of new offences. These changes will ensure that the regime of sanctions under the act properly reflects the seriousness of non-compliance with Australia's quarantine requirements. A significant amount of work has been undertaken in this bill to redraft the offence provisions so as to ensure that the Commonwealth Criminal Code applies. In addition, the entry and search provisions have been reviewed to ensure that they accord with Commonwealth legal policy.

The bill proposes some updating of definitions and removal of anomalies and inconsistencies under the act to ensure that all matters of quarantine interest are able to be dealt with properly under the act. All of these proposed amendments are dealt with in detail in the explanatory memorandum to the bill. I commend the bill to the House and present the explanatory memorandum.

Debate (on motion by Ms Macklin) adjourned.