Biosecurity Act 2015

During a human biosecurity emergency period, the Health Minister may determine any requirement that he or she is satisfied is necessary:

to prevent or control:

the entry of the declaration listed human disease into Australian territory or a part of Australian territory; or

the emergence, establishment or spread of the declaration listed human disease in Australian territory or a part of Australian territory; or

to prevent or control the spread of the declaration listed human disease to another country; or

if a recommendation has been made to the Health Minister by the World Health Organization under Part III of the International Health Regulations in relation to the declaration listed human disease—to give effect to the recommendation.

A person who fails to comply with a requirement determined under this subsection may commit an offence (see section 479).

For variation and revocation, see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901.

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

Without limiting subsection (1), the requirements that the Health Minister may determine include the following:

requirements that apply to persons, goods or conveyances when entering or leaving specified places;

requirements that restrict or prevent the movement of persons, goods or conveyances in or between specified places;

requirements for specified places to be evacuated;

if a recommendation has been made as referred to in paragraph (1)(c)—requirements for the purposes of giving effect to the recommendation.

Before determining a requirement under subsection (1), the Health Minister must be satisfied of all of the following:

that the requirement is likely to be effective in, or to contribute to, achieving the purpose for which it is to be determined;

that the requirement is appropriate and adapted to achieve the purpose for which it is to be determined;

that the requirement is no more restrictive or intrusive than is required in the circumstances;

that the manner in which the requirement is to be applied is no more restrictive or intrusive than is required in the circumstances;

that the period during which the requirement is to apply is only as long as is necessary.

A requirement determined under subsection (1) applies despite any provision of any other Australian law.

A determination made under subsection (1) must not require an individual to be subject to a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2.

Subdivision B of Division 3 of Part 3 of Chapter 2 sets out the biosecurity measures that may be included in a human biosecurity control order.

A determination made under subsection (1) ceases to have effect at the end of the human biosecurity emergency period, unless it is revoked earlier.