Federal Register of Legislation - Australian Government

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Determinations/Health as made
This instrument imposes requirements to prohibit the practice of price gouging of prescribed essential goods, and ensures that those who breach the relevant restrictions surrender these goods to law enforcement (who will be required to redistribute the surrendered goods to the National Medical Stockpile, provided they are not deficient).
Administered by: Health
Registered 30 Mar 2020
Tabling HistoryDate
Tabled HR08-Apr-2020
Tabled Senate08-Apr-2020

Commonwealth Coat of Arms of Australia

 

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Essential Goods) Determination 2020

I, Greg Hunt, Minister for Health, make the following determination.

Dated 30 March 2020

Greg Hunt

Minister for Health

 

  

  

  


 

 

 

Contents

Part 1—Preliminary                                                                                                                                        1

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

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

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

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

Part 2—Price gouging                                                                                                                                    3

5............ Requirement not to engage in price gouging in relation to essential goods.................... 3

6............ Enforcement—requirement not to dispose of, or deal with, essential goods.................. 3

7............ Enforcement—requirement to surrender essential goods............................................... 4

Part 3—Essential goods in the possession of officers of Customs                                       5

8............ Requirement to surrender essential goods..................................................................... 5

 


Part 1Preliminary

  

1  Name

                   This instrument is the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Essential Goods) Determination 2020.

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.  Parts 1 and 2 and anything in this instrument not elsewhere covered by this table

The day after this instrument is registered.

31 March 2020

2.  Part 3

The later of:

(a) the day after this instrument is registered; and

(b) the day the Customs (Prohibited Exports) Amendment (COVID‑19 Human Biosecurity Emergency) Regulations 2020 commence.

31 March 2020

(paragraph (a) applies)

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 subsection 477(1) of the Biosecurity Act 2015.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Biosecurity Act 2015, including the following:

(a)    declaration listed human disease;

(b)    human biosecurity emergency period;

(c)    officer of Customs.

                   In this instrument:

COVID-19 human biosecurity emergency period means a human biosecurity emergency period if the declaration listed human disease in relation to the period is human coronavirus with pandemic potential.

Note 1:       COVID‑19 is the name given by the World Health Organization to the disease.

Note 2:       Severe acute respiratory syndrome coronavirus 2 (SARS‑CoV‑2) is the name given by the International Committee on Taxonomy of Viruses to the virus that causes the disease.

essential goods: see subsection 5(5).

law enforcement officer means:

                     (a)  the Commissioner of the Australian Federal Police; or

                     (b)  a Deputy Commissioner of the Australian Federal Police; or

                     (c)  a member of the Australian Federal Police; or

                     (d)  a special member of the Australian Federal Police;

(all within the meaning of the Australian Federal Police Act 1979).

price gouging: see subsection 5(2).

retail transaction: see subsection 5(3).

Part 2Price gouging

  

5  Requirement not to engage in price gouging in relation to essential goods

             (1)  A person must not engage in price gouging in relation to essential goods.

             (2)  A person engages in price gouging in relation to essential goods if:

                     (a)  the person supplies, or offers to supply, the goods during the COVID-19 human biosecurity emergency period; and

                     (b)  the person purchased the goods in a retail transaction on or after 30 January 2020; and

                     (c)  the value of the consideration for which the person supplies, or offers to supply, the goods is more than 120% of the value of the consideration for which the person purchased the goods.

             (3)  For the purposes of determining whether the person purchased the goods in a retail transaction, it is not relevant whether or not, at the time of purchase, the person intended to supply the goods, or offer to supply the goods.

             (4)  For the purposes of paragraph (2)(c), disregard so much of the value of the consideration for which the person supplies, or offers to supply, the goods as is directly attributable to costs reasonably incurred by the person in transporting or delivering the goods.

             (5)  Essential goods are:

                     (a)  any of the following equipment that, when worn, is capable of limiting the transmission of organisms to humans:

                              (i)  disposable face masks;

                             (ii)  disposable gloves;

                            (iii)  disposable gowns;

                            (iv)  goggles, glasses or eye visors; or

                     (b)  any of the following disinfectant products:

                              (i)  alcohol wipes;

                             (ii)  hand sanitizer.

6  Enforcement—requirement not to dispose of, or deal with, essential goods

             (1)  Subject to section 7, a person must not dispose of, or deal with, essential goods if:

                     (a)  a law enforcement officer has notified the person, in writing, that:

                              (i)  the officer suspects on reasonable grounds that the person has engaged, is engaging or intends to engage in price gouging in relation to the goods; and

                             (ii)  the person is required not to dispose of, or deal with, the goods; and

                            (iii)  the notice will be withdrawn if the person satisfies a law enforcement officer on reasonable grounds that the person has not engaged, is not engaging and does not intend to engage in price gouging in relation to the goods; and

                     (b)  the notice has not been withdrawn.

             (2)  If a person has been notified as mentioned in paragraph (1)(a) in relation to essential goods, a law enforcement officer must withdraw the notice, in writing, if the officer is satisfied on reasonable grounds that the person has not engaged, is not engaging and does not intend to engage in price gouging in relation to the goods.

7  Enforcement—requirement to surrender essential goods

Requirement to surrender goods

             (1)  A person must surrender essential goods to a law enforcement officer if the officer notifies the person, in writing, that:

                     (a)  the officer suspects on reasonable grounds that the person has engaged, is engaging or intends to engage in price gouging in relation to the goods; and

                     (b)  the person is required to surrender the goods to the officer; and

                     (c)  the goods will be destroyed or given away after 21 days unless the person satisfies a law enforcement officer on reasonable grounds that the person has not engaged, is not engaging and does not intend to engage in price gouging in relation to the goods.

Dealing with surrendered goods

             (2)  Subsections (3) and (4) apply if a person surrenders essential goods under subsection (1).

             (3)  A law enforcement officer must return the goods to the person as soon as practicable if:

                     (a)  the law enforcement officer is satisfied on reasonable grounds that the person has not engaged, is not engaging and does not intend to engage in price gouging in relation to the goods; and

                     (b)  the goods have not been destroyed or given away under subsection (4).

             (4)  A law enforcement officer must do the following as soon as practicable if, 21 days after the person surrenders the goods, the officer is not satisfied as mentioned in paragraph (3)(a):

                     (a)  if the officer believes on reasonable grounds that:

                              (i)  the goods are defective; or

                             (ii)  there is a risk that the goods are defective and, because of that risk, the goods should not be used;

                            destroy the goods;

                     (b)  otherwise—give the goods to the National Medical Stockpile.

Part 3Essential goods in the possession of officers of Customs

  

8  Requirement to surrender essential goods

             (1)  This section applies if:

                     (a)  a person attempted to export goods at a time occurring:

                              (i)  on or after 30 January 2020; and

                             (ii)  before the commencement of regulation 13GI of the Customs (Prohibited Exports) Regulations 1958; and

                     (b)  on the commencement of that regulation:

                              (i)  the goods are in the possession of an officer of Customs; and

                             (ii)  the exportation of the goods is prohibited under that regulation.

             (2)  The person must surrender the goods to an officer of Customs if the officer notifies the person, in writing, that the person is required to surrender the goods to the officer.

             (3)  If the person surrenders the goods under subsection (2), an officer of Customs must do the following as soon as practicable:

                     (a)  if the officer believes on reasonable grounds that:

                              (i)  the goods are defective; or

                             (ii)  there is a risk that the goods are defective and, because of that risk, the goods should not be used;

                            destroy the goods;

                     (b)  otherwise—give the goods to the National Medical Stockpile.