Federal Register of Legislation - Australian Government

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Determinations/Health as made
This instrument prevents a person entering Australian territory on an incoming international flight undertaking that flight without wearing a suitable face mask or face covering.
Administered by: Health and Aged Care
General Comments: This instrument was registered at 3.40pm (by legal time in the Australian Capital Territory) on 21 January 2022.

For a savings provision relating to the repeal of this instrument, see section 5 of the Biosecurity (Preventative Biosecurity Measures—Incoming International Flights) Repeal Determination 2022.
Registered 21 Jan 2022
Tabling HistoryDate
Tabled HR08-Feb-2022
Tabled Senate08-Feb-2022
To be ceased 20 Jan 2023 23:59
Ceased by Self Ceasing
Date of repeal 09 Sep 2022
Repealed by Biosecurity (Preventative Biosecurity Measures—Incoming International Flights) Repeal Determination 2022

Commonwealth Coat of Arms of Australia

 

Biosecurity (Preventative Biosecurity Measures—Incoming International Flights) Determination 2022

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

Dated 21 January 2022

Greg Hunt

Minister for Health and Aged Care

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

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

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

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

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

5............ Suitable face masks and face coverings......................................................................... 2

6............ Listed human disease to which this instrument relates................................................... 2

7............ Behaviour or practice to be prevented............................................................................ 2

8............ Period during which this instrument is in force............................................................. 3

Part 2—Biosecurity measures to be taken by specified classes of persons                    4

9............ Passengers and crew to wear face masks or face coverings.......................................... 4

10.......... Exemptions for individual persons—general................................................................. 5

11.......... Exemptions for individual persons—exceptional circumstances................................... 6

 


Part 1Preliminary

  

1  Name

                   This instrument is the Biosecurity (Preventative Biosecurity Measures—Incoming International Flights) Determination 2022.

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.

3.40 pm (A.C.T.) 21 January 2022

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

(a)    Agriculture Department;

(b)    Australian territory;

(c)    landing place;

(d)    passenger.

                   In this instrument:

Act means the Biosecurity Act 2015.

connecting traveller means a person who undertakes one or more connecting flights in order to undertake a relevant international flight.

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, by legal time in the Australian Capital Territory, on the day after this instrument is registered.

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.

suitable face mask or face covering means a face mask or face covering that meets the requirements of section 5.

5  Suitable face masks and face coverings

             (1)  This section sets out the requirements that a face mask or face covering must meet to be a suitable face mask or face covering.

             (2)  The face mask or face covering must be a medical or non‑medical face mask or face covering that:

                     (a)  completely covers the wearer’s nose, mouth and chin without gaping; and

                     (b)  can be secured to the wearer’s head with ties or ear loops.

             (3)  The face mask or face covering must:

                     (a)  be made of multiple layers of tightly woven materials such as cotton or linen; or

                     (b)  be made as follows:

                              (i)  the portion of the face mask or face covering in front of the wearer’s lips must be made of transparent material that permits lip reading;

                             (ii)  the rest of the face mask or face covering must be made of multiple layers of tightly woven materials such as cotton or linen;

                            (iii)  there must be a tight seal between the transparent material and the rest of the face mask or face covering.

6  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.

7  Behaviour or practice to be prevented

                   This instrument is made for the purposes of preventing the behaviour or practice, by persons entering Australian territory on flights that commence outside Australian territory, of unprotected exhalation:

                     (a)  while on those flights; and

                     (b)  while in transit before those flights.

8  Period during which this instrument is in force

                   This instrument is in force during the period:

                     (a)  beginning when this instrument commences; and

                     (b)  ending at the end of 1 year beginning on the day this instrument commences.

Part 2Biosecurity measures to be taken by specified classes of persons

  

9  Passengers and crew to wear 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 10 applies to the person; or

                     (b)  an exemption was granted to the person under section 11 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.

10  Exemptions for individual persons—general

Persons with evidence of medical conditions

             (1)  An exemption from the requirement in subsection 9(1) or (2) (as applicable) applies to a person who is carrying evidence, provided by a medical practitioner, that the person has a medical condition that:

                     (a)  prevents the person from wearing a suitable face mask or face covering; or

                     (b)  would make wearing a suitable face mask or face covering difficult.

Persons under 12

             (2)  An exemption from the requirement in subsection 9(1) applies to a person who was less than 12 years old on the day the relevant international flight was scheduled to commence.

11  Exemptions for individual persons—exceptional circumstances

             (1)  In exceptional circumstances, a relevant official may grant an exemption from the requirement in subsection 9(1) or (2) (as applicable) to a person.

             (2)  For the purposes of subsection (1), exceptional circumstances are demonstrated by the person providing a compelling reason for not complying with the requirement.

             (3)  An exemption under subsection (1) must be in writing.

             (4)  For the purposes of this instrument, an exemption under subsection 8(1) of the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Incoming International Flights) Determination 2021 is taken to be an exemption under subsection (1) of this section from the requirement in subsection 9(1) or (2) (as applicable).