Biosecurity Act 2015

During a human biosecurity emergency period, the Health Minister may give any direction, to any person, that the Health Minister 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 direction given under this subsection may commit an offence (see section 479).

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

Without limiting subsection (1), the directions that the Health Minister may give under that subsection include the following:

a direction to a person who is in a position to close premises, or prevent access to premises, to do so;

a direction for the purposes of giving effect to or enforcing a requirement determined under section 477;

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

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

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

that the direction is appropriate and adapted to achieve the purpose for which it is to be given;

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

if the direction is to apply during a period—that the period is only as long as is necessary.

A direction may be given under subsection (1) despite any provision of any other Australian law.

A direction must not be given under subsection (1) to an officer or employee of a State, Territory or State or Territory body unless the direction is in accordance with an agreement between the Commonwealth and the State, Territory or body.

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