Quarantine Amendment (National Health Security) Act 2008

No. 68, 2008

An Act to amend the Quarantine Act 1908, and for related purposes

[Assented to 1 July 2008]

The Parliament of Australia enacts:

This Act may be cited as the Quarantine Amendment (National Health Security) Act 2008.

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	1 July 2008
2. Schedules 1 and 2	The 28th day after the day on which this Act receives the Royal Assent.	29 July 2008

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Prophylaxes

Quarantine Act 1908

1 Subsection 5(1)

Insert:

International Health Regulations means the International Health Regulations 2005, done at Geneva on 23 May 2005, as in force for Australia from time to time.

Note: In 2008, the text of the International Health Regulations was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).

2 Subsection 75(1)

Repeal the subsection, substitute:

Quarantine officers may require vaccinations etc.

(1) Subject to subsection (2), a quarantine officer may require a person who is subject to quarantine or performing quarantine to submit himself or herself to:

(a) vaccination with any prophylactic or curative vaccine; or

(b) any other prophylaxis.

Note 1: The heading to section 75 is altered by adding at the end “etc.”.

Note 2: The following heading to subsection 75(1A) is inserted “Offence”.

3 Subsection 75(2)

Repeal the subsection, substitute:

Circumstances in which vaccinations etc. may be required

(2) A quarantine officer may require a person to submit himself or herself to a vaccination or other prophylaxis under subsection (1) only if:

(a) either:

(i) in the quarantine officer’s opinion, the vaccination or other prophylaxis is necessary for the prevention of the spread of a quarantinable disease; or

(ii) the vaccine or other prophylaxis is specified in Annex 7 to the International Health Regulations or recommended under those Regulations; and

(b) the International Health Regulations do not preclude the requirement.

(2A) A vaccine or other prophylaxis administered under subsection (1), as provided for in the International Health Regulations (including recommendations, within the meaning of those Regulations, and related certificates), must conform to Annex 6 and, if applicable, Annex 7 to those Regulations.

4 Subsection 75(3)

Omit “biological”.

Note: The following heading to subsection 75(3) is inserted “Minister may ensure manufacture or importation of vaccines etc.”.

Schedule 2—Charges for human quarantine measures

Quarantine Act 1908

1 Subsection 5(1)

Insert:

permanent residence has the meaning given by subsection 64B(3).

2 Subsection 5(1)

Insert:

prescribed health measure has the meaning given by section 64A.

3 Subsection 5(1)

Insert:

temporary residence has the meaning given by subsection 64B(3).

4 Subsection 5(1)

Insert:

traveller has the meaning given by section 64B.

5 Part VI (heading)

Repeal the heading, substitute:

Part VI—Expenses

6 Before section 58A

Insert:

Division 1—Interpretation

7 After section 58A

Insert:

Division 2—Expenses of quarantine

58B Prescribed health measures provided in relation to travellers

This Division has effect subject to Division 3 (charges for the provision of prescribed health measures in relation to travellers).

8 Subsection 64(1)

Omit “this Part”, substitute “Division 4”.

9 After section 64

Insert:

Division 3—Charges for the provision of prescribed health measures in relation to travellers

64A Definition of prescribed health measure

Definition of prescribed health measure

(1) For the purposes of this Act, a prescribed health measure, in relation to a traveller, is a health measure referred to in subsection (2) that is provided by, for or on behalf of the Commonwealth under:

(a) this Act; or

(b) the Migration Act 1958; or

(2) For the purposes of subsection (1), the health measures are the following:

(a) a medical examination to ascertain the health status of the traveller;

(b) subject to subsection (3), a vaccination or other prophylaxis provided to the traveller on arrival in Australia;

(c) a restriction of the activities of the traveller, or the segregation or isolation of the traveller, for the purpose of preventing the spread of disease;

(d) the issuing to the traveller of a certificate that specifies:

(i) that a prescribed health measure referred to in paragraph (a), (b), (c) or (e) was provided in relation to the traveller; and

(ii) the date on which that measure was provided;

(e) a health measure applied to the personal effects of the traveller.

Notification requirements for vaccinations etc.

(3) A vaccination or other prophylaxis provided on a certain day to a traveller on arrival in Australia is not a prescribed health measure in relation to the traveller if, at least 10 days before that day, a notice published on the website of the Department that deals with human quarantine stated that such travellers would be required to submit themselves to such a vaccination or other prophylaxis.

Treatments and benefits for travellers in isolation etc.

(4) If, for the purpose of preventing the spread of disease, a traveller’s activities are restricted, or the traveller is segregated or isolated, as described in paragraph (2)(c), none of the following is a prescribed health measure in relation to the traveller:

(a) any treatment (other than treatment referred to in paragraph (2)(a), (b) or (e)) provided in relation to the traveller:

(i) for the disease; or

(ii) for any other medical condition;

(b) any other benefit provided to the traveller solely for his or her benefit.

64B Traveller definitions

Travellers

(1) For the purposes of this Act, a person is a traveller if:

(a) the person has entered Australia while undertaking a voyage from another country; and

(b) none of the following applies:

(i) subject to subsection (2), the person has been immigration cleared (within the meaning of subsection 172(1) of the Migration Act 1958);

(ii) the person has been detained under section 189 of that Act;

(iii) the person has left Australia;

(iv) the person is prescribed by the regulations.

Note: The regulations may prescribe the person by reference to a class of persons (see subsection 13(3) of the Legislative Instruments Act 2003).

(2) Subparagraph (1)(b)(i) does not apply in relation to a person who has been immigration cleared (within the meaning of subsection 172(1) of the Migration Act 1958) if:

(a) before the person was immigration cleared, the person was notified that he or she would be required to submit to the provision of a prescribed health measure as soon as practicable after being immigration cleared; and

(b) the person submits to the provision of the prescribed health measure as soon as practicable after being immigration cleared; and

Temporary residence and permanent residence

(3) For the purposes of the International Health Regulations and this Act, a traveller is seeking temporary residence or permanent residence in Australia unless:

(a) the traveller is an Australian citizen under the Australian Citizenship Act 2007; or

(b) the traveller is in Australia for transit purposes only; or

Note: The regulations may prescribe the traveller by reference to a class of travellers (see subsection 13(3) of the Legislative Instruments Act 2003).

(4) For the purposes of paragraph (3)(b), a traveller is in Australia for transit purposes only if the traveller:

(a) is not required to comply with section 166 of the Migration Act 1958 (immigration clearance); and

(b) holds:

(i) a confirmed onward booking to leave Australia to travel to another country within 8 hours of arrival; and

(ii) documentation necessary to enter the country of his or her destination; and

Note: The regulations may prescribe the traveller by reference to a class of travellers (see subsection 13(3) of the Legislative Instruments Act 2003).

64C Charges for the provision of prescribed health measures in relation to travellers

Travellers not seeking temporary residence or permanent residence

(1) If a traveller is not seeking temporary residence or permanent residence in Australia, no person (other than the Commonwealth) is liable, under any law of the Commonwealth, to pay for the provision of a prescribed health measure in relation to the traveller.

Note 1: If the traveller entered Australia as a member of the crew of a vessel, subsection (1) does not preclude the seeking of reimbursement from the master, owner, or agent, of the vessel for expenses incurred in providing the prescribed health measure (see subsection (3)).

Note 2: Subsection (1) does not preclude the seeking of reimbursement from an applicable insurance source for expenses incurred in providing the prescribed health measure (see subsection (3)).

Travellers seeking temporary residence or permanent residence

(2) If a traveller is seeking temporary residence or permanent residence in Australia, no person (other than the Commonwealth) is liable, under any law of the Commonwealth, to pay for the provision of a prescribed health measure in relation to the traveller if the liability does not conform to a tariff in force under section 64D in relation to the prescribed health measure.

Note 1: If the traveller entered Australia as a member of the crew of a vessel, subsection (2) does not preclude the seeking of reimbursement from the master, owner, or agent, of the vessel for expenses incurred in providing the prescribed health measure (see subsection (3)).

Note 2: Subsection (2) does not preclude the seeking of reimbursement from an applicable insurance source for expenses incurred in providing the prescribed health measure (see subsection (3)).

Reimbursement of expenses from masters, owners, agents and applicable insurance sources

(3) Despite subsections (1) and (2), a person is not precluded from seeking reimbursement for expenses incurred in providing a prescribed health measure in relation to a traveller:

(a) if the traveller entered Australia as a member of the crew of a vessel—from the master, owner, or agent, of the vessel; or

(b) in any case—from an applicable insurance source.

Definitions

(4) In this section:

applicable insurance source has the same meaning as in Article 40 of the International Health Regulations.

member of the crew of a vessel includes the master of the vessel.

64D Tariff of amounts payable for prescribed health measures

(1) The Minister may, by legislative instrument, make a tariff setting the amount payable for the provision of a prescribed health measure in relation to a traveller who is seeking temporary residence or permanent residence in Australia.

Note: For the effect of a tariff, see subsection 64C(2).

(2) The amount set must not exceed the actual cost of the provision of the prescribed health measure.

(3) A tariff must not take effect before the tenth day after it is registered under the Legislative Instruments Act 2003.

Division 4—Recovery of expenses

10 Subsection 86E(1B)

Omit “notice published in the Gazette”, substitute “legislative instrument”.

Note 1: The following heading to subsection 86E(1A) is inserted “Definitions”.

Note 2: The following heading to subsection 86E(1B) is inserted “Determination of basic fees”.

11 Subsection 86E(1)

Omit “A determination”, substitute “Subject to subsection (1AA), a determination”.

12 Paragraph 86E(1)(a)

Omit “or services”, substitute “, services or other quarantine measures”.

13 After subsection 86E(1)

Insert:

(1AA) The Minister’s power to make a determination that relates to the provision of a prescribed health measure in relation to a traveller is subject to Division 3 of Part VI.

14 Subsection 86E(2)

Omit “A determination”, substitute “Subject to Part VI, a determination”.

15 Subsections 86E(2AA) and (2AB)

Repeal the subsections.

Note: The following heading to subsection 86E(2B) is inserted “Late payment fees”.

16 After subsection 86E(2CA)

Insert:

(2CB) Subsections (2B), (2C) and (2CA) do not apply in relation to a fee payable for the provision of a prescribed health measure in relation to a traveller.

17 Subsection 86E(2D)

Repeal the subsection.

Note 1: The following heading to subsection 86E(2E) is inserted “Booking fees and deposits”.

Note 2: The following heading to subsection 86E(2G) is inserted “Unpaid fees and deposits”.

18 After subsection 86E(2G)

Insert:

Minister may remit and refund fees

(2H) The Minister may remit or refund the whole or a part of a fee specified in a determination and payable or paid to the Commonwealth if he or she is satisfied that there are exceptional circumstances that justify doing so.

19 Subsections 86E(3) and (4)

Repeal the subsections.

20 Subsection 86E(5)

Repeal the subsection.

21 Application

Main amendments

(1) The amendments of the Quarantine Act 1908 made by this Schedule (other than items 10, 12, 14, 15, 17, 18, 19 and 20) apply in relation to prescribed health measures provided after the commencement of this Schedule.

Amendments relating to the remission of fees

(2) The amendments of the Quarantine Act 1908 made by items 15, 17, 18 and 20 apply in relation to fees that become payable after the commencement of those items.

[Minister’s second reading speech made in—

House of Representatives on 19 March 2008

Senate on 16 June 2008]

(64/08)