Biosecurity (Exit Requirements) Determination 2022

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

Dated 24 March 2022

Greg Hunt

Minister for Health and Aged Care

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Requirements relating to the coronavirus known as COVID‑19

5 Requirements for individuals leaving Australian territory as passengers

6 Exemptions

Part 1—Preliminary

1  Name

  This instrument is the Biosecurity (Exit Requirements) 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.

Note: This table relates only to the provisions of this instrument as originally made.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 45(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) Health Department;

(c) landing place;

(d) operator;

(e) passenger;

(f) port.

  In this instrument:

accepted COVID‑19 vaccine has the same meaning as in the Entry Requirements Determination.

Act means the Biosecurity Act 2015.

Australian Defence Force has the same meaning as in the Defence Act 1903.

Entry Requirements Determination means the Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2022, as in force on 18 April 2022.

member has the same meaning as in the Defence Act 1903.

relevant official has the same meaning as in the Entry Requirements Determination.

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

Part 2—Requirements relating to the coronavirus known as COVID‑19

5  Requirements for individuals leaving Australian territory as passengers

 (1) This section applies to an individual who is leaving Australian territory as a passenger on an outgoing aircraft or vessel unless an exemption set out in section 6 applies to the individual.

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

 (a) evidence that 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 (whether or not the individual has also received a booster dose of an accepted COVID‑19 vaccine); and

 (ii) received the last vaccination in the course of vaccinations at least 7 days before the day the flight of the aircraft or the voyage of the vessel is scheduled to commence; or

 (b) evidence, provided by a medical practitioner, that the individual has a medical contraindication to COVID‑19 vaccines.

 (3) The requirement in subsection (2) applies at the landing place or port from which the aircraft or vessel is leaving Australian territory.

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 requirements in this section, 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.

6  Exemptions

  For the purposes of subsection 5(1), an exemption applies to the following individuals:

 (a) an individual who is a member of the crew of an aircraft or vessel (other than the outgoing aircraft or vessel) or is a worker associated with the safety or maintenance of an aircraft or vessel (other than the outgoing aircraft or vessel);

 (b) an individual engaged in the day‑to‑day conduct of inbound and outbound freight;

 (c) an individual whose travel is associated with essential work at an offshore facility;

 (d) an individual who is travelling on official government business (including a member of the Australian Defence Force);

 (e) an individual who is travelling on a government facilitated flight or voyage.