Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 475

  (1)   The Governor - General may declare that a human biosecurity emergency exists if the Health Minister is satisfied that:

  (a)   a listed human disease is posing a severe and immediate threat, or is causing harm, to human health on a nationally significant scale; and

  (b)   the declaration is necessary to prevent or control:

  (i)   the entry of the listed human disease into Australian territory or a part of Australian territory; or

  (ii)   the emergence, establishment or spread of the listed human disease in Australian territory or a part of Australian territory.

Note 1:   The declaration is a human biosecurity emergency declaration (see section   9).

Note 2:   For revocation, see subsections   33(3) and (3AA) of the Acts Interpretation Act 1901 .

Note 3:   A human biosecurity emergency declaration may be varied under section   476. Subsection   33(3) of the Acts Interpretation Act 1901 does not apply in relation to variation of a human biosecurity emergency declaration.

  (2)   A human biosecurity emergency declaration is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.

Requirements for human biosecurity emergency declaration

  (3)   A human biosecurity emergency declaration must specify:

  (a)   the listed human disease to which the declaration relates; and

  (b)   the nature of the human biosecurity emergency and the conditions that gave rise to it; and

  (c)   the period during which the declaration is in force.

Note 1:   The listed human disease specified under paragraph   (3)(a) is the declaration listed human disease (see section   9).

Note 2:   The period specified under paragraph   (3)(c) is the human biosecurity emergency period (see section   9).

  (4)   A human biosecurity emergency period:

  (a)   must not be longer than the period that the Health Minister considers necessary to prevent or control:

  (i)   the entry of the declaration listed human disease into Australian territory or a part of Australian territory; or

  (ii)   the emergence, establishment or spread of the declaration listed human disease in Australian territory or a part of Australian territory; and

  (b)   in any case, must not be longer than 3 months.

Note:   A human biosecurity emergency period may be extended under section   476.