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Inserts for
Biosecurity Bill 2012: Chapter 8—
Human biosecurity emergencies
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Stakeholders are encouraged to provide feedback on the draft biosecurity
legislation. Go to biosecurity.govspace.gov.au for information on how to do so.
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Contents
Chapter 8—Biosecurity emergencies and human
biosecurity emergencies
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Part 2—Human biosecurity emergencies
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^EMP28 Guide to this Part ............................................................................... 2
^EMP29 Health Minister to exercise human biosecurity emergency
powers personally .............................................................................. 2
^EMP30 Governor-General may declare that a human biosecurity
emergency exists ............................................................................... 2
^EMP30AGovernor-General may extend a human biosecurity emergency period
^EMP31 Health Minister may determine emergency requirements
during human biosecurity emergency period ..................................... 4
^EMP31A ............................ Person must comply with emergency requirement 5
^EMP32 Health Minister may give directions during human
biosecurity emergency period ............................................................ 6
^EMP33 Person must comply with Ministerial direction ................................. 7
^EMP35 No AAT review of isolation or traveller movement measures
during human biosecurity emergency period ..................................... 7
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Chapter 8—Biosecurity emergencies and
human biosecurity emergencies
Part 2—Human biosecurity emergencies
^EMP28 Guide to this Part
This Part provides for powers to deal with emergencies involving
threats or harm to human health on a nationally significant scale.
^EMP29 Health Minister to exercise human biosecurity emergency
powers personally
A power of the Health Minister under this Part may only be
exercised by the Minister personally.
^EMP30 Governor-General may declare that a human biosecurity
emergency exists
(1) The Governor-General may declare that a human biosecurity
emergency exists if the Health Minister is satisfied that:
(a) a listed human disease is posing a severe and immediate
threat, or is causing harm, to human health on a nationally
significant scale; and
(b) the proposed declaration is necessary to control, reduce or
remove the threat or harm.
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Note 1:
The declaration is a human biosecurity emergency declaration (see
section ^PM50).
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Note 2:
For revocation, see subsections 33(3) and (3AA) of the Acts
Interpretation Act 1901.
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(2) The Governor-General may declare that a human biosecurity
emergency exists if:
(a) 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 a listed human
disease; and
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(b) the Health Minister is satisfied that the listed human disease
is posing a severe and immediate threat, or is causing harm,
to human health on a nationally significant scale; and
(c) the Health Minister is satisfied that the proposed declaration
is necessary to give effect to the recommendation.
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Note 1:
The declaration is a human biosecurity emergency declaration (see
section ^PM50).
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Note 2:
For revocation, see subsections 33(3) and (3AA) of the Acts
Interpretation Act 1901.
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(3) A human biosecurity emergency declaration is a legislative
instrument, but section 42 (disallowance) of the Legislative
Instruments Act 2003 does not apply to the declaration.
Requirements for human biosecurity emergency declaration
(4) A human biosecurity emergency declaration must specify:
(a) the listed human disease to which the declaration relates; and
(b) the nature of the human biosecurity emergency and the
conditions that gave rise to it; and
(c) the period (the human biosecurity emergency period) during
which the declaration is in force.
(5) A human biosecurity emergency period:
(a) must not be longer than the period that the Health Minister
considers necessary:
(i) to control, reduce or remove the threat or harm referred
to in subsection (1); or
(ii) to give effect to the recommendation referred to in
subsection (2); and
(b) in any case, must not be longer than 3 months.
Note:
A human biosecurity emergency period may be extended under
section ^EMP30A.
^EMP30A Governor-General may extend a human biosecurity
emergency period
(1) The Governor-General may vary a human biosecurity emergency
declaration made under subsection ^EMP30(1) to extend the
human biosecurity emergency period for a period of up to 3
months if the Health Minister is satisfied that:
(a) the listed human disease to which the declaration relates is
continuing to pose a severe and immediate threat, or is
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continuing to cause harm, to human health on a nationally
significant scale; and
(b) the proposed extension is necessary to control, reduce or
remove the threat or harm.
(2) The Governor-General may vary a human biosecurity emergency
declaration made under subsection ^EMP30(2) to extend the
human biosecurity emergency period for a period of up to 3
months if:
(a) the recommendation referred to in paragraph ^EMP30(2)(a)
is still in force; and
(b) the Health Minister is satisfied that the listed human disease
to which the declaration relates is continuing to pose a severe
and immediate threat, or is continuing to cause harm, to
human health on a nationally significant scale; and
(c) the Health Minister is satisfied that the proposed extension is
necessary to give effect to the recommendation.
(3) A variation made under subsection (1) or (2) is a legislative
instrument, but section 42 (disallowance) of the Legislative
Instruments Act 2003 does not apply to the variation.
(4) The Governor-General may extend a human biosecurity emergency
period under subsection (1) or (2) more than once.
^EMP31 Health Minister may determine emergency requirements
during human biosecurity emergency period
(1) During a human biosecurity emergency period, the Health Minister
may determine any requirement that he or she is satisfied is
necessary:
(a) to control, reduce or remove the threat or harm referred to in
subsection ^EMP30(1); or
(b) to give effect to the recommendation referred to in subsection
^EMP30(2).
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Note 1:
For variation and revocation, see subsections 33(3) and (3AA) of the
Acts Interpretation Act 1901.
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Note 2:
It is an offence to fail to comply with a requirement determined under
this subsection (see section ^EMP31A).
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(2) A determination made under subsection (1) is a legislative
instrument, but section 42 (disallowance) of the Legislative
Instruments Act 2003 does not apply to the determination.
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(3) Without limiting subsection (1), the requirements that the Health
Minister may determine include the following:
(a) requirements that apply to persons, goods or conveyances
when entering or leaving specified places;
(b) requirements that restrict or prevent the movement of
persons, goods or conveyances in or between specified
places;
(c) requirements for specified places to be evacuated.
(4) Before determining a requirement under subsection (1), the Health
Minister must be satisfied of all of the following:
(a) that the requirement is proportionate to the threat or harm
referred to in subsection ^EMP30(1) or (2);
(b) that the requirement is no more restrictive or intrusive than is
required in the circumstances;
(c) that the manner in which the requirement is to be applied is
no more restrictive or intrusive than is required in the
circumstances.
(5) A requirement determined under subsection (1) applies despite any
provision of any other Australian law.
(6) 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 C of Division 3 of Part 3 of Chapter 2.
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Note:
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When determination ceases to have effect
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Subdivision C of Division 3 of Part 3 of Chapter 2 sets out the
biosecurity measures that may be included in a human biosecurity
control order.
(7) A determination made under subsection (1) ceases to have effect at
the end of the human biosecurity emergency period, unless it is
revoked earlier.
^EMP31A Person must comply with emergency requirement
(1) A person to whom a requirement in a determination made under
subsection ^EMP31(1) applies must comply with the requirement.
Fault-based offence
(2) A person commits an offence if:
(a) a requirement in a determination made under subsection
^EMP31(1) applies to the person; and
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(b) the person engages in conduct; and
(c) the conduct contravenes the requirement.
Penalty: Imprisonment for 5 years.
^EMP32 Health Minister may give directions during human
biosecurity emergency period
(1) During a human biosecurity emergency period, the Health Minister
may give any direction, to any person, that the Health Minister is
satisfied is necessary:
(a) to control, reduce or remove the threat or harm referred to in
subsection ^EMP30(1); or
(b) to give effect to the recommendation referred to in subsection
^EMP30(2).
Note:
It is an offence to contravene a direction given under this
subsection (see section ^EMP33).
(2) Without limiting subsection (1), the directions that the Health
Minister may give under that subsection include the following:
(a) a direction to a person who is in a position to close premises,
or prevent access to premises, to do so;
(b) a direction for the purposes of giving effect to or enforcing a
requirement determined under section ^EMP31.
(3) Before giving a direction under subsection (1), the Health Minister
must be satisfied of all of the following:
(a) that the direction is proportionate to the threat or harm
referred to in subsection ^EMP30(1) or (2);
(b) that the direction is no more restrictive or intrusive than is
required in the circumstances.
(4) A direction may be given under subsection (1) despite any
provision of any other Australian law.
(5) A direction must not be given under subsection (1) to an officer or
employee of a State or Territory unless the direction is in
accordance with an agreement between the Commonwealth and the
State or Territory.
(6) 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 C of Division 3 of Part 3 of Chapter 2.
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Note:
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When direction ceases to have effect
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Subdivision C of Division 3 of Part 3 of Chapter 2 sets out the
biosecurity measures that may be included in a human biosecurity
control order.
(7) A direction given under subsection (1) ceases to have effect at the
end of the human biosecurity emergency period, unless it is
revoked earlier.
^EMP33 Person must comply with Ministerial direction
(1) A person must comply with a direction given under section
^EMP32 that applies to the person.
Fault-based offence
(2) A person commits an offence if:
(a) a direction given under section ^EMP32 applies to the
person; and
(b) the person engages in conduct; and
(c) the conduct contravenes the direction.
Penalty: Imprisonment for 5 years.
^EMP35 No AAT review of isolation or traveller movement
measures during human biosecurity emergency period
(1) This section applies to an individual if:
(a) a human biosecurity control order is imposed on the
individual during a human biosecurity emergency period; and
(b) the order relates to the listed human disease specified in the
human biosecurity emergency declaration; and
(c) the Director of Human Biosecurity gives a direction in
accordance with paragraph ^HB178(5)(a) for the individual
to comply with an isolation measure or a traveller movement
measure.
(2) Section ^HB160A (AAT review of isolation and traveller
movement measures) does not apply in relation to the decision of
the Director of Human Biosecurity to give the direction.
(3) This section ceases to apply to the individual (and section
^HB160A begins to apply) at the end of the human biosecurity
emergency period.
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