1539

2019-2022

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Biosecurity Amendment (Enhanced Risk Management) Bill 2021

 

 

(Amendments to be moved by Senator Patrick, in committee of the whole)

(1)     Clause 2, page 2 (table item 3, column headed “Provisions”), omit “Schedules 2 to 4”, substitute “Schedules 2 to 5”.

[human biosecurity emergency powers]

(2)     Page 36 (after line 15), at the end of the Bill, add:

Schedule 5 — Human biosecurity emergency powers

   

Biosecurity Act 2015

1  At the end of subsection 477(1)

Add:

Note 3:       Certain requirements must not be determined under this subsection, such as a requirement that prevents an Australian citizen or permanent resident who is overseas from returning to Australia (see subsections (5A) and (6)).

2  Paragraph 477(3)(b)

After “places”, insert “(subject to subsection (5A))”.

3  After subsection 477(5)

Insert:

Determination must not include certain matters

          (5A)  A determination made under subsection (1) must not prevent or restrict an Australian citizen, or a permanent resident (within the meaning of the Australian Citizenship Act 2007 ), who is outside Australian territory from entering Australian territory.

          (5B)  To avoid doubt, subsection (5A) does not mean that other requirements in a determination made under subsection (1) cannot apply to those persons upon entering Australian territory.

4  At the end of subsection 478(1)

Add:

Note 3:       Certain directions must not be given under this subsection, such as a direction that prevents or restricts an Australian citizen or permanent resident who is overseas from returning to Australia (see subsections (5A) and (6)).

5  After subsection 478(5)

Insert:

Direction must not require certain matters

          (5A)  A direction given under subsection (1) must not prevent or restrict an Australian citizen, or a permanent resident (within the meaning of the Australian Citizenship Act 2007 ), who is outside Australian territory from entering Australian territory.

          (5B)  To avoid doubt, subsection (5A) does not mean that other directions under subsection (1) cannot be given to those persons upon entering Australian territory.

6  Application of amendments

The amendments of the Biosecurity Act 2015 made by this Schedule apply in relation to:

                     (a)  a determination under subsection 477(1) of that Act; or

                     (b)  a direction under subsection 478(1) of that Act;

that is made or given on or after the commencement of this item (regardless of whether the human biosecurity emergency period during which the determination or direction is made or given begins before, on or after that commencement).

[human biosecurity emergency powers]