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Biosecurity (Entry Requirements) Determination 2016

Authoritative Version
Determinations/Health as amended, taking into account amendments up to Biosecurity (Entry Requirements) Amendment (Additional Screening) Determination 2018
Administered by: Health
Registered 19 Nov 2018
Start Date 21 Aug 2018

Commonwealth Coat of Arms of Australia

Biosecurity (Entry Requirements) Determination 2016

made under the

Biosecurity Act 2015

Compilation No. 1

Compilation date:                              21 August 2018

Includes amendments up to:            F2018L01139

Registered:                                         19 November 2018

 

About this compilation

This compilation

This is a compilation of the Biosecurity (Entry Requirements) Determination 2016 that shows the text of the law as amended and in force on 21 August 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

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

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

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

Part 2—Requirements relating to yellow fever                                                                              2

5............ Requirement to carry international vaccination certificate.............................................. 2

Part 3—Screening                                                                                                                                            3

6............ Individuals who may be, or may have been, infected with listed human disease........... 3

Schedule 1—Yellow fever risk countries and areas                                              4

1............ Yellow fever risk countries and areas............................................................................ 4

Endnotes                                                                                                                                                                 6

Endnote 1—About the endnotes                                                                                                        6

Endnote 2—Abbreviation key                                                                                                            7

Endnote 3—Legislation history                                                                                                         8

Endnote 4—Amendment history                                                                                                       9

 


Part 1Preliminary

  

1  Name

                   This is the Biosecurity (Entry Requirements) Determination 2016.

3  Authority

                   This instrument is made under subsection 44(2) 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)    International Health Regulations;

(c)    landing place;

(d)    port.

                   In this instrument:

Act means the Biosecurity Act 2015.

designated yellow fever vaccination centre means a vaccination centre approved by the health administration authority of a country to administer vaccinations against yellow fever.

health administration authority, of a country, means a government authority responsible for the administration of health in the country, including the implementation of measures set out in the International Health Regulations.

international vaccination certificate means a certificate:

                     (a)  in the form of the model international certificate of vaccination mentioned in annex 6 of the International Health Regulations; and

                     (b)  that contains the information mentioned in subsection 5(3).

yellow fever risk country or area means a country or area specified in Schedule 1.

Part 2Requirements relating to yellow fever

  

5  Requirement to carry international vaccination certificate

             (1)  This section applies to an individual who:

                     (a)  is entering Australian territory at a landing place or port in accordance with Division 2 or 3 of Part 4 of Chapter 4 of the Act; and

                     (b)  had stayed overnight or longer in a yellow fever risk country or area within 6 days of entering the landing place or port.

             (2)  A biosecurity officer may require the individual:

                     (a)  to carry an international vaccination certificate; and

                     (b)  to show the certificate to a biosecurity officer if the officer asks the individual for the certificate.

Note:          An individual who fails to comply with subsection (2) may contravene a civil penalty provision (see subsection 46(1) of the Act).

             (3)  An international vaccination certificate for an individual must:

                     (a)  be in the name of the individual; and

                     (b)  be issued by a designated yellow fever vaccination centre; and

                     (c)  display the official stamp of the designated yellow fever vaccination centre that issued the certificate; and

                     (d)  be signed by a medical practitioner or other person authorised by the health administration authority of the country in which the vaccination took place; and

                     (e)  state the office or professional status of the medical practitioner or other person who signed the certificate; and

                      (f)  state the date when the vaccination took place; and

                     (g)  state that the vaccine used to vaccinate the individual is a vaccine approved by the World Health Organization for the vaccination of persons against yellow fever.

Part 3Screening

  

6  Individuals who may be, or may have been, infected with listed human disease

             (1)  This section applies to an individual who is entering Australian territory on a conveyance or vessel at a landing place or port in accordance with Division 2 or 3 of Part 4 of Chapter 4 of the Act if:

                     (a)  the individual has been identified in the report given by the operator of the conveyance or vessel under subsection 193(1) of the Act, or in information given to a biosecurity officer under subsection 194(1) of the Act, as having signs or symptoms of an illness or infection; or

                     (b)  the individual has been identified by a biosecurity officer or a human biosecurity officer at the landing place or port as having signs or symptoms of an illness or infection; or

                     (c)  the National Focal Point has been notified under the International Health Regulations that the individual has, or has been exposed to, a listed human disease; or

                     (d)  before travelling to Australian territory, the individual had been in a country where individuals are known to be, or to have been, infected with a listed human disease.

             (2)  A biosecurity officer or a human biosecurity officer may require the individual to be screened (including by equipment or by being required to answer questions or provide information in writing) for the purpose of establishing whether the individual may be, or may have been, infected with a listed human disease.

Note:          An individual who fails to comply with a requirement that applies to the individual under subsection (2) may contravene a civil penalty provision (see section 46 of the Act).


Schedule 1Yellow fever risk countries and areas

Note:       See section 4.

  

  

1  Yellow fever risk countries and areas

                   A place specified in the following table is a yellow fever risk country or area.

 

Yellow fever risk countries and areas

Item

Countries and areas

1

Angola

2

Argentina—Misiones Province and Corrientes Province

3

Benin

4

Bolivia

5

Brazil

6

Burkina Faso

7

Burundi

8

Cameroon

9

Central African Republic

10

Chad

11

Colombia

12

Congo, Democratic Republic of the

13

Congo, Republic of the

14

Côte d’Ivoire

15

Ecuador (excluding the Galápagos Islands)

16

Equatorial Guinea

17

Ethiopia

18

French Guiana

19

Gabon

20

The Gambia

21

Ghana

22

Guinea

23

Guinea‑Bissau

24

Guyana

25

Kenya

26

Liberia

27

Mali

28

Mauritania

29

Niger

30

Nigeria

31

Panama

32

Paraguay

33

Peru

34

Senegal

35

Sierra Leone

36

South Sudan

37

Sudan

38

Suriname

39

Togo

40

Trinidad

41

Uganda

42

Venezuela


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Biosecurity (Entry Requirements) Determination 2016

19 May 2016 (F2016L00811)

16 June 2016 (s 2(1) item 1)

 

Biosecurity (Entry Requirements) Amendment (Additional Screening) Determination 2018

20 Aug 2018 (F2018L01139)

21 Aug 2018 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

Part 3

 

Part 3........................................

ad F2018L01139

s 6.............................................

ad F2018L01139

Schedule 1

 

c 1.............................................

am F2018L01139