Part 1—Preliminary
1 Name
This instrument is the Biosecurity (Human Coronavirus with Pandemic Potential) (Preventative Biosecurity Measures—Incoming International Flights) Determination 2021.
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 | Immediately after this instrument is registered. | 5.55 pm (A.C.T.) 21 January 2021 |
Note: This table relates only to the provisions of this instrument as originally made.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 51(2) of the Biosecurity Act 2015.
4 Definitions
Note: The expression passenger used in this instrument is defined in the Act.
In this instrument:
Act means the Biosecurity Act 2015.
connecting traveller has the same meaning as in the Emergency Requirements Determination.
Emergency Requirements Determination means the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Incoming International Flights) Determination 2021, as in force at the commencement of this instrument.
relevant international flight has the same meaning as in the Emergency Requirements Determination.
relevant official has the same meaning as in the Emergency Requirements Determination.
suitable face mask or face covering has the same meaning as in the Emergency Requirements Determination.
5 Listed human disease to which this instrument relates
This instrument relates to human coronavirus with pandemic potential.
Note: COVID‑19 is the name given by the World Health Organization to the disease.
6 Behaviours or practices to be prevented
This instrument is made for the purposes of preventing the following behaviours or practices by persons entering Australian territory on flights that commence outside Australian territory:
(a) undertaking a flight without wearing a face mask or face covering;
(b) undertaking a flight despite not having tested negative for the coronavirus known as COVID‑19.
7 Period during which this instrument is in force
This instrument is in force during the period:
(a) beginning on the day this instrument commences; and
(b) ending at the earlier of the following:
(i) when the Emergency Requirements Determination ceases to have effect;
(ii) the end of 1 year beginning on the day this instrument commences.
Part 2—Biosecurity measures to be taken by specified classes of persons
8 Behaviour or practice by passengers and crew—wearing face masks or face coverings
Passengers
(1) Subject to subsection (5), a person who is a passenger of an aircraft on a relevant international flight must wear a suitable face mask or face covering at all times during the flight period mentioned in subsection (3) and, if the person is a connecting traveller, at all times during the connecting period mentioned in subsection (4) for the person when the person is in close proximity to other persons, other than as follows:
(a) for the minimum time required to consume food, beverages or oral medication;
(b) when the person is required by law to remove the face mask or face covering;
(c) for a person assisting a person who is deaf or hearing‑impaired (the assisted person)—when communicating with the assisted person;
(d) if, while the person is on an aircraft, the person in charge of the aircraft permits the removal of face masks and face coverings for a period for operational reasons—during that period;
(e) if it is necessary to remove the face mask or face covering in an emergency (including a medical emergency) or to meet safety requirements.
Person in charge and members of crew
(2) Subject to subsection (5), a person who is the person in charge, or a member of the crew, of an aircraft on a relevant international flight must wear a suitable face mask or face covering at all times during the flight period mentioned in subsection (3) and, if the person is a connecting traveller, at all times during the connecting period mentioned in subsection (4) for the person when the person is in close proximity to other persons, other than as follows:
(a) for the minimum time required to consume food, beverages or oral medication;
(b) when the person is required by law to remove the face mask or face covering;
(c) when wearing the face mask or face covering would interfere with the carrying out of the person’s duties (for example when communicating with passengers, the person in charge or a member of the crew);
(d) if, while the person is on an aircraft, the person in charge of the aircraft permits the removal of face masks and face coverings for a period for operational reasons—during that period;
(e) if it is necessary to remove the face mask or face covering in an emergency (including a medical emergency) or to meet safety requirements.
Flight period
(3) For the purposes of subsections (1) and (2), the flight period is the period that:
(a) begins when the person boards the aircraft; and
(b) ends when the person disembarks the aircraft.
Connecting period
(4) For the purposes of subsections (1) and (2), the connecting period for a person who is a connecting traveller is the period that:
(a) begins:
(i) if the person boards the person’s connecting flight (or, if the person undertakes more than one connecting flight, the person’s first connecting flight) less than 72 hours before the scheduled departure time of the relevant international flight—when the person boards the connecting flight (or the first connecting flight); and
(ii) if the person boards the person’s connecting flight (or, if the person undertakes more than one connecting flight, the person’s first connecting flight) 72 hours or more before the scheduled departure time of the relevant international flight—72 hours before the scheduled departure time of the relevant international flight; and
(b) ends when the person boards the aircraft for the relevant international flight.
Persons to whom the requirements do not apply
(5) The requirement in subsection (1) or (2) (as applicable) does not apply to a person if:
(a) an exemption set out in section 7 of the Emergency Requirements Determination applies to the person; or
(b) an exemption was granted to the person under section 8 of the Emergency Requirements Determination before the flight commences.
Note 1: A person who fails to comply with a biosecurity measure that applies to the person under this instrument may contravene a civil penalty provision (see section 52 of the Act). See also Part 6 of Chapter 9 of the Act in relation to civil penalties.
Note 2: For protections for children or incapable persons who are subject to a biosecurity measure in this instrument, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.
9 Behaviour or practice by passengers—providing evidence of negative tests
(1) Subject to subsection (5), a person who is a passenger of an aircraft on a relevant international flight must provide sufficient evidence, in accordance with subsection (4), that in the period mentioned in subsection (2) or (3) (as applicable) the person was tested for the coronavirus known as COVID‑19 and that the result of the test was negative:
(a) before the person boards the aircraft, if requested by a member of the aircraft operator’s staff; and
(b) at the landing place, if requested by a relevant official.
(2) For the purposes of subsection (1), the period for a person to whom an extension does not apply under section 12 of the Emergency Requirements Determination is:
(a) for a person who is not a connecting traveller—the period that began 72 hours before the scheduled departure time of the relevant international flight; and
(b) for a person who is a connecting traveller—the period that began 72 hours before the scheduled departure time of the person’s connecting flight (or, if the person undertakes more than one connecting flight, the person’s first connecting flight).
(3) For the purposes of subsection (1), the period for a person to whom an extension applies under section 12 of the Emergency Requirements Determination is the period specified in the extension.
(4) For the purposes of subsection (1), sufficient evidence means the result of:
(a) a polymerase chain reaction test; or
(b) a test approved under section 13 of the Emergency Requirements Determination for a country, if:
(i) the person was in the country in the period mentioned in subsection (2) or (3) (as applicable); and
(ii) the approval was in force at the beginning of that period.
(5) The requirement in subsection (1) does not apply to a person if:
(a) an exemption set out in section 14 of the Emergency Requirements Determination applies to the person; or
(b) an exemption was granted to the person under section 15 of the Emergency Requirements Determination before the flight commences; or
(c) an exemption that applies to the person was granted under section 16 of the Emergency Requirements Determination before the flight commences.
Note 1: A person who fails to comply with a biosecurity measure that applies to the person under this instrument may contravene a civil penalty provision (see section 52 of the Act). See also Part 6 of Chapter 9 of the Act in relation to civil penalties.
Note 2: For protections for children or incapable persons who are subject to a biosecurity measure in this instrument, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.