Human remains brought into Australian territory

In force

(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 Legislation 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: 120 penalty units.

This Act’s bill:Explanatory memorandum Second reading speech

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110 Human remains brought into Australian territory