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Determinations/Health as amended, taking into account amendments up to Biosecurity Legislation Amendment (Emergency and Entry Requirements) Determination 2021
Administered by: Health
Registered 06 Jan 2022
Start Date 07 Dec 2021
Date of repeal 23 Jan 2022
Repealed by Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2022

Commonwealth Coat of Arms of Australia

Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2021

made under section 44(2) of the

Biosecurity Act 2015

Compilation No. 1

Compilation date:                              7 December 2021

Includes amendments up to:            F2021L01718

Registered:                                         6 January 2022

About this compilation

This compilation

This is a compilation of the Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2021 that shows the text of the law as amended and in force on 7 December 2021 (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 vaccination status                                                                 2

5............ Requirements relating to vaccination status................................................................... 2

Endnotes                                                                                                                                                                 4

Endnote 1—About the endnotes                                                                                                        4

Endnote 2—Abbreviation key                                                                                                            5

Endnote 3—Legislation history                                                                                                         6

Endnote 4—Amendment history                                                                                                       7

 


Part 1Preliminary

  

1  Name

                   This instrument is the Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2021.

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)    Agriculture Department;

(b)    Australian territory;

(c)    Health Department;

(d)    landing place;

(e)    passenger.

                   In this instrument:

accepted COVID‑19 vaccine means a COVID‑19 vaccine:

                     (a)  that is registered goods within the meaning of the Therapeutic Goods Act 1989; or

                     (b)  that is recognised by the Therapeutic Goods Administration.

Act means the Biosecurity Act 2015.

Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.

relevant international flight means a flight:

                     (a)  that commences outside Australian territory and is intended to arrive at a landing place in Australian territory; and

                     (b)  for which the scheduled departure time is at or after 12.01 am on 1 November 2021 in the place where the flight commences.

relevant official means any of the following:

                     (a)  a biosecurity officer;

                     (b)  a chief human biosecurity officer;

                     (c)  a human biosecurity officer;

                     (d)  an APS employee in the Agriculture Department;

                     (e)  an APS employee in the Home Affairs Department.

Therapeutic Goods Administration means that part of the Health Department known as the Therapeutic Goods Administration.

Part 2Requirements relating to vaccination status

  

5  Requirements relating to vaccination status

             (1)  This section applies to an individual who:

                     (a)  is entering Australian territory:

                              (i)  at a landing place in accordance with Division 2 of Part 4 of Chapter 4 of the Act; and

                             (ii)  as a passenger of an aircraft on a relevant international flight; and

                     (b)  was more than 12 years and 3 months old on the day the relevant international flight was scheduled to commence.

Ability to produce evidence of statement made before boarding

             (2)  The individual must be able to produce, to a relevant official, evidence that, before the individual boarded the aircraft, the individual made a written statement:

                     (a)  using an electronic system maintained by the Home Affairs Department; or

                     (b)  if exceptional circumstances prevented the individual from using an electronic system maintained by the Home Affairs Department—in paper form;

that included:

                     (c)  a declaration mentioned in subsection (3); and

                     (d)  the following information for the individual:

                              (i)  name;

                             (ii)  date of birth;

                            (iii)  passport number;

                            (iv)  phone number while in Australian territory;

                             (v)  intended address while in Australian territory;

                            (vi)  email address; and

                     (e)  for a statement made in paper form—a declaration that exceptional circumstances prevented the individual from using an electronic system maintained by the Home Affairs Department.

Note:          The following are examples of exceptional circumstances for subsection (2):

(a)    the electronic system was not available to the individual;

(b)    the electronic system was not available to the individual in a language that the individual understands.

             (3)  For the purposes of paragraph (2)(c), the declaration is a declaration of which of the following paragraphs apply to the individual:

                     (a)  the individual:

                              (i)  has received a course of vaccinations with one or more accepted COVID‑19 vaccines in accordance with a schedule for receiving that course of vaccinations that is accepted by the Therapeutic Goods Administration; and

                             (ii)  received the last vaccination in the course of vaccinations at least 7 days before the day the relevant international flight was scheduled to commence; and

                            (iii)  can produce evidence of the matters mentioned in subparagraphs (i) and (ii);

                     (b)  the individual:

                              (i)  has a medical contraindication to COVID‑19 vaccines; and

                             (ii)  can produce evidence provided by a medical practitioner of the matter mentioned in subparagraph (i);

                     (c)  neither paragraph (a) nor (b) applies to the individual.

Providing statements made in paper form

             (5)  If the individual made a statement as mentioned in subsection (2) in paper form, the individual must provide the statement to a relevant official.

Producing evidence of electronic statements on request

             (6)  If the individual made a statement as mentioned in subsection (2) electronically, the individual must produce evidence that the individual made the statement if a relevant official asks the individual to do so.

Producing evidence relating to declarations on request

             (7)  If a relevant official asks the individual to do so, the individual must produce:

                     (a)  if the declaration included in the individual’s statement was of the kind mentioned in paragraph (3)(a)—the evidence mentioned in subparagraph (3)(a)(iii); and

                     (b)  if the declaration included in the individual’s statement was of the kind mentioned in paragraph (3)(b)—the evidence mentioned in subparagraph (3)(b)(ii).

Where requirements apply

             (8)  The requirements in this section apply at the landing place.

Note 1:       An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).

Note 3:       For protections for children or incapable persons who are subject to the requirement in subsection (2), see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.

Note 4:       Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.


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—Human Coronavirus with Pandemic Potential) Determination 2021

31 Oct 2021 (F2021L01484)

1 Nov 2021 (s 2(1) item 1)

 

Biosecurity Legislation Amendment (Emergency and Entry Requirements) Determination 2021

6 Dec 2021 (F2021L01718)

Sch 2 (items 1–3): 7 Dec 2021 (s 2(1) item 3)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

rep LA s 48D

Part 2

 

s 5...........................................

am F2021L01718