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Schedule 1 — Pratique and human health measures
1 Subsection 48(1)
After “An operator of an incoming aircraft or vessel”, insert “, or the person in charge of an incoming aircraft or vessel,”.
2 Subsection 48(1) (penalty)
Repeal the penalty, substitute:
Civil penalty:
(a) for an operator of the aircraft or vessel—1,000 penalty units; or
(b) for the person in charge of the aircraft or vessel—300 penalty units.
3 Application provision
The amendments of section 48 of the Biosecurity Act 2015 made by this Part apply in relation to an incoming aircraft or vessel that arrives at a landing place or port in Australian territory on or after the commencement of this item.
Part 2 — Human biosecurity group directions
4 Section 3
Omit “The main method of managing risks to human health is by imposing a human biosecurity control order on an individual who may have a listed human disease.”, substitute “Methods of managing risks to human health include imposing a human biosecurity control order on an individual, and making a human biosecurity group direction for a class of individuals, who have, or have been exposed to, a listed human disease.”.
5 Section 9
Insert:
human biosecurity group direction means a direction made under section 108B.
6 Section 9 (at the end of the definition of prescribed contact information )
Add:
; and (d) in relation to subsection 108K(1)—the contact information prescribed by the regulations for the purposes of that subsection.
7 Subsection 34(1)
After “an individual”, insert “or a class of individuals”.
8 Section 35
After “an individual”, insert “or a class of individuals”.
9 At the end of section 35
Add “or an individual in that class”.
10 After paragraph 38(4)(b)
Insert:
(ba) the direction is given in relation to a requirement that is not included in a human biosecurity group direction; and
11 At the end of paragraph 38(4)(c)
Add “under this section”.
12 At the end of section 38
Add:
Civil penalty provision
(5) A person is liable to a civil penalty if:
(a) the person is an accompanying person; and
(b) the person is given a direction under this section; and
(c) the direction is given in relation to a requirement that is included in a human biosecurity group direction; and
(d) the person fails to comply with the direction under this section.
Civil penalty: 30 penalty units.
13 At the end of subsection 40(1)
Add “or Part 3A of this Chapter (human biosecurity group directions)”.
14 After paragraph 55(1)(a)
Insert:
(aa) the individual is included in the class of individuals specified in a human biosecurity group direction that is in force; or
15 At the end of subsection 60(1)
Add:
Note 4: If, while a human biosecurity group direction is in force, a human biosecurity control order is imposed on an individual included in the class of individuals specified in the direction, then, at the time that order comes into force, that individual ceases to be included in that class: see subsection 108J(2).
16 After Part 3 of Chapter 2
Insert:
Part 3A — Managing risks to human health: human biosecurity group directions
108A Simplified outline of this Part
Under Division 2, a chief human biosecurity officer or a human biosecurity officer can make a human biosecurity group direction covering a class of individuals who:
(a) are on board an aircraft or a vessel that is in Australian territory; or
(b) the officer is satisfied are at a landing place or port in Australian territory, or at a place that is in close proximity to a landing place or port in Australian territory, where an aircraft or vessel has arrived at the landing place or port.
The officer must be satisfied that one or more individuals who are or were on the aircraft or vessel have, or have been exposed to, a listed human disease.
The direction may require each individual in that class to comply with certain biosecurity measures. Division 3 sets out what those measures are, and they include restricting each individual’s behaviour.
The direction is in force for no more than 8 hours (but may be extended once by no more than 4 hours).
There is a civil penalty for an individual in that class who does not comply with the direction.
Division 2 — Making human biosecurity group directions
108B Making human biosecurity group directions
(1) A chief human biosecurity officer or a human biosecurity officer may, in writing, make a direction that applies to each individual included in a class of individuals specified in the direction.
Note 1: There is a civil penalty for failing to comply with the direction: see section 108T.
Note 2: Before making a direction, the officer must be satisfied of the matters referred to in section 34 (the principles).
Note 3: The Director of Human Biosecurity must be notified of the making of the direction (see section 108H).
Class of individuals
(2) The class of individuals must be all the individuals, or a group of individuals, who:
(a) are on board an aircraft or a vessel that is in Australian territory; or
(b) the officer is satisfied are at a landing place or port in Australian territory, or at a place that is in close proximity to a landing place or port in Australian territory, where an aircraft or vessel has arrived at the landing place or port.
(3) Without limiting paragraph (2)(b), the class of individuals for the purposes of that paragraph may be, or may include, all the individuals, or a group of individuals, who were on board the aircraft or vessel.
Ground for making direction
(4) A chief human biosecurity officer or a human biosecurity officer may make a direction under this section only if the officer is satisfied that:
(a) one or more individuals who are or were on the aircraft or vessel have one or more signs or symptoms of a listed human disease; or
(b) one or more individuals who are or were on the aircraft or vessel have been exposed to:
(i) a listed human disease; or
(ii) one or more other individuals who have one or more signs or symptoms of a listed human disease.
Inclusion of biosecurity measures in direction
(5) A chief human biosecurity officer or a human biosecurity officer may include one or more biosecurity measures specified in Division 3 in a direction under this section.
(6) The officer may include a biosecurity measure in a direction under this section only if the officer is satisfied that the biosecurity measure contributes to managing the risk of:
(a) contagion of a listed human disease; or
(b) a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.
108C Contents of human biosecurity group direction
(1) A human biosecurity group direction must specify the following:
(a) the ground in subsection 108B(4) under which the direction is made;
(b) the listed human disease in relation to which the direction is made;
(c) any signs or symptoms of the listed human disease;
(d) a unique identifier for the direction;
(e) each biosecurity measure (specified in Division 3) with which each individual included in the class of individuals specified in the direction must comply, and an explanation of:
(i) why each biosecurity measure is required; and
(ii) in relation to a biosecurity measure included under section 108N (examination) or 108P (body samples)—how the biosecurity measure is to be undertaken;
(f) the period during which the direction is in force, which must not be more than 8 hours;
(g) the effect of section 108T (civil penalty for failing to comply with the direction);
(h) details of a chief human biosecurity officer who can be contacted for information and support in relation to the direction;
(i) any other information that the officer making the direction considers appropriate;
(j) any other information required by the regulations.
(2) If a human biosecurity group direction (the first direction ) ceases to be in force, paragraph (1)(f) does not prevent another human biosecurity group direction from being made in relation to a class of individuals covered by subsection 108B(2) (whether or not that class is the same class of individuals specified in the first direction).
108D Form of human biosecurity group direction
(1) A human biosecurity group direction must be in the form approved, in writing, by the Director of Human Biosecurity.
(2) A human biosecurity group direction is not a legislative instrument.
108E Notification of human biosecurity group direction
(1) If a chief human biosecurity officer or a human biosecurity officer makes a human biosecurity group direction, then a chief human biosecurity officer, a human biosecurity officer or a biosecurity officer must give notification of the direction, and of the contents of the direction, to the class of individuals specified in the direction.
Note: There is a civil penalty for failing to comply with the direction: see section 108T.
(2) However, if the class of individuals specified in the direction is on board the aircraft or vessel concerned, a chief human biosecurity officer, a human biosecurity officer or a biosecurity officer may require the person in charge of the aircraft or vessel to instead give notification of the direction, and of the contents of the direction, to that class.
Note: There is a civil penalty for failing to comply with the requirement: see section 108U.
(3) A notification under subsection (1) or (2) must be given in accordance with the regulations and before the time the direction comes into force.
108F Varying a human biosecurity group direction
(1) A chief human biosecurity officer or a human biosecurity officer may, in writing, vary a human biosecurity group direction.
Note 1: Before varying a human biosecurity group direction, the officer must be satisfied of the matters referred to in section 34 (the principles).
Note 2: The Director of Human Biosecurity must be notified of a variation of a human biosecurity group direction (see section 108H).
(2) A variation cannot change the class of individuals specified in the direction and must be in relation to one or more of the matters covered by subsection 108C(1).
Direction may be extended by up to 4 hours
(3) If a variation extends the period during which the direction is in force, the extension must not be more than 4 hours. The period during which the direction is in force may be extended only once.
Ground for varying human biosecurity group direction
(4) A chief human biosecurity officer or a human biosecurity officer may vary a human biosecurity group direction only if the officer is satisfied that:
(a) the variation contributes to reducing the risk of:
(i) contagion of a listed human disease; or
(ii) a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory; or
(b) the variation removes or varies a provision that no longer contributes to reducing such a risk; or
(c) the variation is of a minor technical nature.
When variation takes effect
(5) A variation must specify the time at which the variation takes effect.
Notification of variation
(6) If a chief human biosecurity officer or a human biosecurity officer varies a human biosecurity group direction, then a chief human biosecurity officer, a human biosecurity officer or a biosecurity officer must give notification of the variation, and of the contents of the variation, to the class of individuals specified in the direction.
Note: There is a civil penalty for failing to comply with the direction: see section 108T.
(7) However, if the class of individuals specified in the direction is on board the aircraft or vessel concerned, a chief human biosecurity officer, a human biosecurity officer or a biosecurity officer may require the person in charge of the aircraft or vessel to instead give notification of the variation, and of the contents of the variation, to that class.
Note: There is a civil penalty for failing to comply with the requirement: see section 108U.
(8) A notification under subsection (6) or (7) must be given in accordance with the regulations and before the time the variation takes effect.
108G Revoking a human biosecurity group direction
(1) A chief human biosecurity officer or a human biosecurity officer may, in writing, revoke a human biosecurity group direction.
Note: The Director of Human Biosecurity must be notified of a revocation of a human biosecurity group direction (see section 108H).
Ground for revoking human biosecurity group direction
(2) A chief human biosecurity officer or a human biosecurity officer may revoke a human biosecurity group direction only if the officer is satisfied that:
(a) the class of individuals specified in the direction is not at risk of contagion; or
(b) the direction no longer contributes to reducing the risk of a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory; or
(c) in all the circumstances it is appropriate to revoke the direction.
When revocation takes effect
(3) A revocation must specify the time at which the revocation takes effect.
Notification of revocation
(4) If a chief human biosecurity officer or a human biosecurity officer revokes a human biosecurity group direction, then a chief human biosecurity officer, a human biosecurity officer or a biosecurity officer must give notification of the revocation to the class of individuals specified in the direction.
(5) However, if the class of individuals specified in the direction is on board the aircraft or vessel concerned, a chief human biosecurity officer, a human biosecurity officer or a biosecurity officer may require the person in charge of the aircraft or vessel to instead give notification of the revocation to that class.
Note: There is a civil penalty for failing to comply with the requirement: see section 108U.
(6) A notification under subsection (4) or (5) must be given in accordance with the regulations and before the time the revocation takes effect.
A chief human biosecurity officer or a human biosecurity officer must notify the Director of Human Biosecurity, as soon as reasonably practicable, if the officer:
(a) makes a human biosecurity group direction; or
(b) varies or revokes a human biosecurity group direction.
(1) This Part does not limit Part 3.
Note: Part 3 allows a human biosecurity control order to be imposed on an individual.
(2) If, while a human biosecurity group direction is in force, a human biosecurity control order is imposed on an individual included in the class of individuals specified in the direction, then, for the purposes of this Part, at the time that order comes into force, that individual ceases to be included in that class.
Division 3 — Biosecurity measures that may be included in a human biosecurity group direction
Contact information
(1) A human biosecurity group direction may require each individual (the relevant individual ) included in the class of individuals specified in the direction to provide to a specified biosecurity officer, human biosecurity officer or chief human biosecurity officer, within the period and in the way specified in the direction, the prescribed contact information for any individual:
(a) with whom the relevant individual has been, or will be, in close proximity; and
(b) for whom the relevant individual is aware of that contact information.
Note 1: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.
Note 2: This section is not subject to the privilege against self-incrimination (see section 635).
Location information
(2) A human biosecurity group direction may require each individual included in the class of individuals specified in the direction to provide to a specified biosecurity officer, human biosecurity officer or chief human biosecurity officer, within the period and in the way specified in the direction, information prescribed by the regulations relating to the past location of the individual.
Note: This section is not subject to the privilege against self-incrimination (see section 635).
108L Managing location of individuals
(1) A human biosecurity group direction may require each individual included in the class of individuals specified in the direction to remain at, or to go to and remain at, a specified place for a specified period.
(2) A human biosecurity group direction may require each individual included in the class of individuals specified in the direction to not visit a specified place, or specified class of place, for a specified period.
108M Wearing of protective clothing and equipment
(1) Subject to this section, a human biosecurity group direction may require each individual included in the class of individuals specified in the direction to wear either or both specified clothing and equipment that is designed to prevent a disease from emerging, establishing itself or spreading.
(2) The direction must specify the following:
(a) the circumstances in which each individual included in the class of individuals specified in the direction is required to wear the clothing or equipment;
(b) the period during which, or the times at which, each individual included in the class of individuals specified in the direction is required to wear the clothing or equipment;
(c) instructions for wearing the clothing or equipment.
Exemptions
(3) A chief human biosecurity officer or a human biosecurity officer may give an individual included in the class of individuals specified in the direction an exemption from the requirement referred to in subsection (1).
(4) If an exemption is given in writing, the exemption is not a legislative instrument.
108N Undergoing an examination
(1) Subject to this section, a human biosecurity group direction may require each individual included in the class of individuals specified in the direction to undergo a specified kind of examination relating to determining the presence in the individual of:
(a) the listed human disease specified in the direction; and
(b) any other listed human disease.
Note: For the manner in which this biosecurity measure must be carried out, see section 108R.
Consent
(2) The direction must specify:
(a) each kind of examination that requires the consent of an individual before the individual undergoes the examination; and
(b) how that consent is to be given.
(3) If the direction specifies a kind of examination as mentioned in paragraph (2)(a), the requirement to undergo that examination does not apply to an individual unless the individual consents to undergoing the examination. The individual’s consent must be given in accordance with the direction.
Note: See also section 108J (which provides that this Part does not limit Part 3). Part 3 allows a human biosecurity control order to be imposed on an individual.
108P Requiring body samples for diagnosis
(1) Subject to this section, a human biosecurity group direction may specify the circumstances in which each individual included in the class of individuals specified in the direction who has undergone an examination under section 108N is required to provide specified body samples for the purpose of determining the presence in the individual of:
(a) the listed human disease specified in the direction; and
(b) any other listed human disease.
Note: For the manner in which this biosecurity measure must be carried out, see section 108R. Subsection (4) of this section also contains requirements for body samples.
Consent
(2) The requirement to provide a body sample does not apply to an individual unless the individual consents to providing the body sample.
(3) The direction must specify how that consent is to be given. The individual’s consent must be given in accordance with the direction.
Note: See also section 108J (which provides that this Part does not limit Part 3). Part 3 allows a human biosecurity control order to be imposed on an individual.
Requirements for body samples
(4) The regulations must prescribe requirements for taking, storing, transporting, labelling and using body samples provided under subsection (1).
Note: The regulations may prescribe offences and civil penalties in relation to a failure to comply with a prescribed requirement (see subsection 645(2)).
Giving samples to the World Health Organization
(5) The Health Minister may, at the request of the World Health Organization , give all or part of a sample provided under subsection (1) to the Organization for the purposes of detecting, assessing or responding to a listed human disease.
108Q No loading or unloading of items from the aircraft or vessel
(1) A human biosecurity group direction may prohibit each individual included in the class of individuals specified in the direction from loading or unloading specified items from the aircraft or vessel concerned unless the loading or unloading is in accordance with a permission under subsection (2).
Permissions
(2) A chief human biosecurity officer, a human biosecurity officer or a biosecurity officer may give a permission for the purposes of subsection (1).
(3) If a permission is given in writing, the permission is not a legislative instrument.
108R Appropriate medical or other standards to be applied
A biosecurity measure set out in section 108N (examination) or 108P (body samples) must be carried out in a manner consistent with either or both of the following (as the case requires):
(a) appropriate medical standards;
(b) appropriate other relevant professional standards.
108S No use of force to require compliance with biosecurity measures
Force must not be used against an individual to require the individual to comply with a biosecurity measure imposed under any of sections 108K to 108Q.
108T Civil penalty for failing to comply with a human biosecurity group direction
An individual is liable to a civil penalty if:
(a) a human biosecurity group direction is in force; and
(b) the individual is included in the class of individuals specified in the direction; and
(c) there has been notification of the direction in accordance with section 108E and, if the direction has been varied, there has been notification of the variation in accordance with section 108F; and
(d) the individual fails to comply with a biosecurity measure included in the human biosecurity group direction that applies to the individual.
Civil penalty: 30 penalty units.
A person is liable to a civil penalty if:
(a) the person is in charge of an aircraft or vessel; and
(b) the person is required under subsection 108E(2), 108F(7) or 108G(5) to give a notification; and
(c) the person fails to give the notification in accordance with subsection 108E(3), 108F(8) or 108G(6).
Civil penalty: 300 penalty units.
Division 5 — Consular assistance
(1) This section sets out requirements that must be complied with if:
(a) a chief human biosecurity officer or a human biosecurity officer makes a human biosecurity group direction; and
(b) the direction includes a requirement that each individual included in the class of individuals specified in the direction remain at, or go to and remain at, a specified place for a specified period; and
(c) the officer is aware that an individual in that class is not an Australian citizen.
(2) As soon as reasonably practicable after making the direction, the officer must do the following:
(a) inform the individual that the individual may request that the consular office of the following country be notified of the requirement:
(i) the country of which the individual is a citizen;
(ii) the country to which the individual claims a special connection;
(b) inform the individual that the individual may communicate, or attempt to communicate, with that consular office;
(c) give the individual a reasonable opportunity to do so.
17 Subsection 523(1) (before table item 1)
Insert:
|
1A |
Subsection 38(5) |
|
1B |
Section 108T |
|
1C |
Section 108U |
18 Paragraph 635(1)(a)
Omit “and 85”, substitute “, 85 and 108K”.
19 Application provisions
(1) The amendments of section 38 of the Biosecurity Act 2015 made by this Part apply in relation to a direction given under that section on or after the commencement of this item.
(2) Paragraph 108B(2)(a) of the Biosecurity Act 2015 , as inserted by this Part, applies in relation to an aircraft or vessel that is in Australian territory on or after the commencement of this item, whether the aircraft or vessel entered Australian territory before, on or after that commencement.
(3) Paragraph 108B(2)(b) of the Biosecurity Act 2015 , as inserted by this Part, applies in relation to an aircraft or vessel that arrives at a landing place or port in Australian territory on or after the commencement of this item.
Part 3 — Pre-arrival reporting
20 Before subsection 193(1)
Insert:
Initial report
21 After subsection 193(1)
Insert:
Other reports
(1A) The operator of the aircraft or vessel must give one or more other reports in relation to the aircraft or vessel in the circumstances prescribed by the regulations.
Note: The regulations may prescribe different circumstances for the giving of reports for different classes of aircraft or vessels (see subsection 33(3A) of the Acts Interpretation Act 1901 ).
22 Before subsection 193(2)
Insert:
Requirements for reports
23 Subsection 193(2)
Omit “The report”, substitute “A report under this section”.
24 Paragraph 193(4)(a)
After “subsection (1)”, insert “or (1A)”.
25 Subsection 193(5) (penalty)
Omit “120”, substitute “1,000”.
26 Subsection 193(6) (penalty)
Omit “120”, substitute “1,000”.
27 Section 194 (heading)
Repeal the heading, substitute:
194 Pre-arrival reporting—requirement to give more information
28 Paragraph 194(1)(a)
Omit “section 193”, substitute “subsection 193(1) or (1A)”.
29 After subsection 194(1)
Insert:
(1A) The regulations may:
(a) prescribe the circumstances in which the operator of an aircraft or vessel, that has given a report in relation to the aircraft or vessel under subsection 193(1) or (1A), must give a biosecurity officer further information in relation to that report; and
(b) prescribe the kind of further information that the operator is required to give a biosecurity officer; and
(c) prescribe when the operator must give that further information to a biosecurity officer.
Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
Note 2: The obligation in this subsection applies whether or not the operator of the aircraft or vessel is in Australian territory when the operator of the aircraft or vessel is required to give the further information (see subsection (5)).
30 After subsection 194(2)
Insert:
(2A) A person contravenes this subsection if:
(a) the person is required to give information under regulations made for the purposes of subsection (1A); and
(b) the person does not give the information to a biosecurity officer as required by those regulations.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).
31 Subsection 194(3)
Omit “subsection (2)”, substitute “subsection (2) or (2A)”.
32 Subsection 194(3) (penalty)
Omit “120”, substitute “1,000”.
33 Subsection 194(4)
Omit “subsection (2)”, substitute “subsection (2) or (2A)”.
34 Subsection 194(4) (penalty)
Omit “120”, substitute “1,000”.
35 Subsection 194(5)
After “Subsections (2),”, insert “(2A),”.
36 Subsection 195(1)
After “193(1)(a)”, insert “, or a report under subsection 193(1A) where paragraph 193(1)(a) applies,”.
37 Application provisions
(1) Subsection 193(1A) of the Biosecurity Act 2015 , as inserted by this Part, applies to an aircraft or vessel in relation to which a report is required to be given under subsection 193(1) of that Act on or after the commencement of this item.
(2) The amendments of subsections 193(5) and (6) of the Biosecurity Act 2015 made by this Part apply in relation to a person required to give a report under subsection 193(1) or (1A) of that Act on or after the commencement of this item.
(3) The amendments of section 194 of the Biosecurity Act 2015 made by this Part apply in relation to a report given under subsection 193(1) or (1A) of that Act on or after the commencement of this item.
(4) The amendment of section 195 of the Biosecurity Act 2015 made by this Part applies in relation to a report given under subsection 193(1A) of that Act on or after the commencement of this item.