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Biosecurity Bill 2014

Part 4 Managing risks to human health: other biosecurity measures

Division 1 Introduction

109   Simplified outline of this Part

Division 2 allows human remains to be brought into Australian territory. Sometimes, requirements may be specified or directions given in relation to human remains.

Division 3 allows the Director of Human Biosecurity to determine human health response zones to which entry and exit requirements apply.

Division 2 Managing deceased individuals

110   Human remains brought into Australian territory

                  (1)   Human remains may be brought into Australian territory.

Note 1:       In some cases, requirements are specified for bringing human remains into Australian territory (see subsection (2)).

Note 2:        Human remains are not goods (see the definition of goods in section 19).

                  (2)   The Director of Human Biosecurity may specify, in writing:

                            (a)    classes of human remains; and

                            (b)    requirements for:

                                       (i)    bringing human remains into Australian territory; or

                                      (ii)    managing human remains in those classes after bringing them into Australian territory.

             (3)  An instrument made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

             (4)  A requirement specified for the purposes of paragraph (2)(b) must relate to preventing, or reducing the risk of, a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory.

                  (5)   This section does not apply to the human remains of an individual who dies:

                     (a)  in transit before arriving in Australian territory; or

                     (b)  on arrival in Australian territory.

Note:          For individuals who have died in transit or on arrival, see section 112.

Civil penalty provision

             (6)  A person to whom a requirement under subsection (2) applies must comply with the requirement.

Civil penalty:          30 penalty units.

111   Officer may give directions for managing human remains

                 (1)    A biosecurity officer, human biosecurity officer, or chief human biosecurity officer, may give a direction for managing specified human remains if:

                     (a)  the officer is satisfied that those remains are likely to be infected with a listed human disease (whether the remains were brought into Australian territory as mentioned in section 110, or were already in Australian territory); or

                     (b)  a person did not comply with a requirement specified under subsection 110(2) in relation to those remains.

             (2)    The officer must give a written direction to the person who is responsible for the human remains.

Note:          See also section 572 (general provisions relating to directions).

Civil penalty provision

                 (3)    A person to whom a direction is given under this section must comply with the direction.

Civil penalty:          30 penalty units.

112   Individuals who have died in transit or on arrival

                  (1)   The Director of Human Biosecurity may specify, in writing, requirements for classes of persons who bring into Australian territory, or who manage, the bodies of deceased individuals who die:

                            (a)    in transit before arriving in Australian territory; or

                            (b)    on arrival in Australian territory.

             (2)  A requirement specified for the purposes of subsection (1) must relate to preventing, or reducing the risk of, a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory.

             (3)  An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

Civil penalty provision

             (4)  A person to whom a requirement under subsection (1) applies must comply with the requirement.

Civil penalty:          30 penalty units.

Division 3 Human health response zones

113   Determining human health response zones

             (1)  The Director of Human Biosecurity may determine that a specified area within a State or Territory is a human health response zone if the Director is satisfied that it is necessary to do so for the purposes of preventing, or reducing the risk of, a listed human disease emerging, establishing itself or spreading in Australian territory or a part of Australian territory.

Note 1:       For consultation and notification requirements, see sections 114 and 115.

Note 2:       Under Division 6 of Part 2 of this Chapter, an officer may ask questions, or require written information, of an individual who is in a human health response zone.

             (2)  Without limiting subsection (1), a specified area may consist of the whole or a part of a specified building.

Contents of a determination

             (3)  The determination must also specify:

                     (a)  the listed human disease to which the determination relates; and

                     (b)  either or both of the following:

                              (i)  any requirements for individuals who are entering or leaving the zone;

                             (ii)  a requirement that specified classes of individuals must not enter the zone; and

                     (c)  the period during which the determination is in force, which must not be more than 3 months.

Note:          A person who does not comply with a requirement of a human health response zone determination might contravene a civil penalty provision (see section 116).

             (4)  A requirement must not be specified in a determination unless the Director of Human Biosecurity is satisfied that the requirement is appropriate and adapted to prevent, or reduce the risk of, the specified listed human disease emerging, establishing itself or spreading in Australian territory or a part of Australian territory.

             (5)  A determination must not specify as a requirement a biosecurity measure described in Subdivision B of Division 3 of Part 3 of this Chapter (biosecurity measures that may be included in a human biosecurity control order).

Period of determination

             (6)  If a determination ceases to be in force, the Director of Human Biosecurity may make another determination specifying the same area covered by the previous determination.

Determination not subject to disallowance

             (7)  A determination made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

114   Consultation requirements

                   Before making a determination under section 113, the Director of Human Biosecurity must consult with:

                     (a)  the chief health officer (however described) for the State or Territory in which the human health response zone will lie; and

                     (b)  the Director of Biosecurity.

115   Notification requirements

             (1)  In addition to the requirement under the Legislative Instruments Act 2003 for the determination to be registered, the Director of Human Biosecurity must ensure that the determination is made public, in any other way he or she thinks fit.

             (2)  A failure to comply with subsection (1) of this section does not affect the validity of the determination.

116   Civil penalty for failing to comply with a requirement of a human health response zone determination

                   A person to whom a requirement in a determination made under section 113 (human health response zone) applies must comply with the requirement.

Civil penalty:          30 penalty units.