(1) During a human biosecurity emergency period, the Health Minister may give any direction, to any person, that the Health Minister is satisfied is necessary:
(a) 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; or
(b) to prevent or control the spread of the declaration listed human disease to another country; or
(c) if a recommendation has been made to the Health Minister by the World Health Organization under Part III of the International Health Regulations in relation to the declaration listed human disease--to give effect to the recommendation.
Note 1: A person who fails to comply with a direction given under this subsection may commit an offence (see section 479).
Note 2: See also section 572 (general provisions relating to directions).
(2) Without limiting subsection (1), the directions that the Health Minister may give under that subsection include the following:
(a) a direction to a person who is in a position to close premises, or prevent access to premises, to do so;
(b) a direction for the purposes of giving effect to or enforcing a requirement determined under section 477;
(c) if a recommendation has been made as referred to in paragraph (1)(c)--a direction for the purposes of giving effect to the recommendation.
(3) Before giving a direction under subsection (1), the Health Minister must be satisfied of all of the following:
(a) that the direction is likely to be effective in, or to contribute to, achieving the purpose for which it is to be given;
(b) that the direction is appropriate and adapted to achieve the purpose for which it is to be given;
(c) that the direction is no more restrictive or intrusive than is required in the circumstances;
(d) if the direction is to apply during a period--that the period is only as long as is necessary.
(4) A direction may be given under subsection (1) despite any provision of any other Australian law.
(5) A direction must not be given under subsection (1) to an officer or employee of a State, Territory or State or Territory body unless the direction is in accordance with an agreement between the Commonwealth and the State, Territory or body.
(6) A direction given under subsection (1) must not require an individual to be subject to a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2.
Note: Subdivision B of Division 3 of Part 3 of Chapter 2 sets out the biosecurity measures that may be included in a human biosecurity control order.
When direction ceases to have effect
(7) A direction given under subsection (1) ceases to have effect at the end of the human biosecurity emergency period, unless it is revoked earlier.