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Biosecurity (Managing Human Remains) Instrument 2016

Authoritative Version
  • - F2016L01024
  • In force - Superseded Version
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Other as made
This instrument sets out requirements for importing human remains into Australia and the handling of deceased individuals that have died in transit or on arrival.
Administered by: Health
Registered 14 Jun 2016
Tabling HistoryDate
Tabled HR30-Aug-2016
Tabled Senate30-Aug-2016
Table of contents.

 

Biosecurity (Managing Human Remains) Instrument 2016

I, Professor Christopher Baggoley, Director of Human Biosecurity, make the following instrument.

Dated   7 June 2016

Christopher Baggoley

Director of Human Biosecurity

 

  

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Human remains brought into Australian territory.......................................................... 1

6............ Individuals who have died in transit or on arrival.......................................................... 4

 


1  Name

                   This is the Biosecurity (Managing Human Remains) Instrument 2016.

2  Commencement

             (1)  Each provision of this instrument 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

Provisions

Commencement

Date/Details

1.  The whole of this instrument

At the same time as section 3 of the Biosecurity Act 2015 commences.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under subsections 110(2) and 112(1) of the Biosecurity Act 2015.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    Australian territory;

(b)    human remains.

                   In this instrument:

Act means the Biosecurity Act 2015.

hermetically‑sealed container means an airtight container that bodily fluids cannot leak from when sealed.

human biosecurity official has the same meaning as in the Biosecurity Regulation 2016.

medical practitioner means a person registered or licensed as a medical practitioner under an Australian or foreign law that provides for the registration or licensing of medical practitioners.

5  Human remains brought into Australian territory

             (1)  For subsection 110(2) of the Act, the following table specifies:

                     (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.

 

Classes of human remains and requirements for bringing human remains into Australian territory and managing them

Item

Column 1

Classes of human remains

Column 2

Requirements

1

Deceased humans’ bodies or parts of deceased humans’ bodies intended to be buried or cremated

All of the following:

(a) either:

(i) the body or part of the body must be brought into Australian territory accompanied by an official copy of an official certificate in which the cause of death is specified, or by an official extract from an entry in an official register in which the cause of death is specified, or by a certificate from a medical practitioner in accordance with subsection (2); or

(ii) bringing the body or part of the body into Australian territory must be permitted under subsection (4);

(b) the body or part of the body must be brought into Australian territory in a hermetically‑sealed container;

(c) each person bringing the body or part of the body into Australian territory must follow infection control procedures during the transportation, including appropriate use of personal protective equipment;

(d) the body or part of the body must be transported from the first landing place or port in Australian territory where the body or part of the body is brought in a hermetically‑sealed container and under the direction or control of a coroner or a funeral director;

(e) each person handling the body or part of the body while it is in Australian territory must follow infection control procedures, including appropriate use of personal protective equipment

2

Deceased humans’ bodies or parts of deceased humans’ bodies intended to be used for scientific or research purposes

All of the following:

(a) either:

(i) the body or part of the body must be brought into Australian territory accompanied by a written declaration from the person bringing in the body or part of the body in accordance with subsection (3); or

(ii) bringing the body or part of the body into Australian territory must be permitted under subsection (4);

(b) the body or part of the body must be brought into Australian territory in a hermetically‑sealed container;

(c) each person bringing the body or part of the body into Australian territory must follow infection control procedures during the transportation, including appropriate use of personal protective equipment;

(d) each person handling the body or part of the body while it is in Australian territory must follow infection control procedures, including appropriate use of personal protective equipment;

(e) the body or part of the body must be stored in an appropriate containment facility while it is in Australian territory

3

Deceased humans’ bodies or parts of deceased humans’ bodies (other than hair, teeth or bones covered by table item 4) intended to be used for a purpose not covered by table item 1 or 2 (for example, for display or use as curios)

Bringing the body or part of the body into Australian territory must be permitted under subsection (4)

4

Hair, teeth or bones of a deceased human’s body (other than as part of a deceased human’s body or a part of a deceased human’s body)

Either:

(a) the hair, tooth or bone must be clean and have no adhering tissue, blood or faeces when it is brought into Australian territory; or

(b) bringing the hair, tooth or bone into Australian territory must be permitted under subsection (4)

Note 1:       Human remains do not include the cremated remains of a deceased human’s body (see the definition of human remains in section 9 of the Act). There are no requirements under the Act for bringing the cremated remains of a deceased human’s body into Australian territory or managing such remains after bringing them into Australian territory.

Note 2:       An individual may also be required to answer questions or provide written information in relation to human remains (see paragraph 56(1)(c) of the Act).

Note 3:       A direction for managing specified human remains may also be given to a person responsible for the human remains (see section 111 of the Act).

Requirements for certificate from medical practitioner

             (2)  For subparagraph (a)(i) of column 2 of item 1 of the table in subsection (1), the certificate must state:

                     (a)  if the body or part of the body has, or had before death, signs or symptoms of a listed human disease—that fact and the listed human disease; or

                     (b)  that the body or part of the body does not have, or did not before death have, signs or symptoms of a listed human disease.

Requirements for declaration from person bringing in body or part of body

             (3)  For subparagraph (a)(i) of column 2 of item 2 of the table in subsection (1), the declaration must state:

                     (a)  that the body or part of the body has been donated for scientific or research purposes; and

                     (b)  either:

                              (i)  if the person is aware that the body or part of the body has, or had before death, signs or symptoms of a listed human disease—that fact and the listed human disease; or

                             (ii)  that, as far as the person is aware, the body or part of the body does not have, or did not before death have, any signs or symptoms of a listed human disease.

Permission to bring body or part of body into Australian territory

             (4)  Bringing a body or part of a body (including hair, teeth and bones) into Australian territory is permitted under this subsection if:

                     (a)  permission to bring the body or part of the body into Australian territory is given by a human biosecurity official before the body or part of the body is brought into Australian territory; or

                     (b)  permission to bring the body or part of the body into Australian territory is given by a human biosecurity official at the first landing place or port in Australian territory where the body or part of the body is brought; or

                     (c)  both of the following:

                              (i)  permission (the interim permission) is given by a biosecurity officer, at the first landing place or port in Australian territory where the body or part of the body is brought, for the body or part of the body to be transported from that landing place or port to an appropriate place under the control of an appropriate person;

                             (ii)  within 24 hours after the interim permission is given, permission to bring the body or part of the body into Australian territory is given by a human biosecurity official.

6  Individuals who have died in transit or on arrival

                   For subsection 112(1) of the Act, the following table specifies requirements for classes of persons who bring into Australian territory, or who manage, the bodies of deceased individuals who die:

                     (a)  in transit before arriving in Australian territory; or

                     (b)  on arrival in Australian territory.

 

Requirements for individuals who have died in transit or on arrival

Item

Column 1

Classes of persons

Column 2

Requirements

1

Biosecurity officers

The biosecurity officer must:

(a) identify any risk of a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body of a deceased individual being brought into Australian territory; and

(b) inform a human biosecurity official of any identified risk of a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body being brought into Australian territory; and

(c) follow infection control procedures, including appropriate use of personal protective equipment; and

(d) take any other measures a human biosecurity official is satisfied are appropriate to prevent, or reduce the risk of, a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body being brought into Australian territory

2

Persons other than biosecurity officers

The person must:

(a) identify any risk of a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body of a deceased individual being brought into Australian territory; and

(b) follow infection control procedures, including appropriate use of personal protective equipment; and

(c) take any other measures a human biosecurity official is satisfied are appropriate to prevent, or reduce the risk of, a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body being brought into Australian territory

Note 1:       An individual may also be required to answer questions or provide written information in relation to an individual who has died in transit before arriving, or on arrival, in Australian territory (see paragraph 56(1)(c) of the Act).

Note 2:       A direction for managing specified human remains may also be given to a person responsible for the human remains (see section 111 of the Act).

Note 3:       An operator of an aircraft or vessel may also be required to give a report providing details of any individuals on board who have died during the flight or voyage (see Part 1 of Chapter 3 of the Biosecurity Regulation 2016).