Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 74

Biosecurity measures where compliance is not required before review period has ended

  (1)   Subsection   (2) sets out when an individual is required to comply with a biosecurity measure included, under one of the following sections, in a human biosecurity control order that is in force in relation to the individual:

  (a)   section   85 (managing contacts);

  (b)   section   89 (decontamination);

  (c)   section   90 (examination);

  (d)   section   91 (body samples);

  (e)   section   92 (vaccination or treatment).

  (2)   The individual is required to comply with the measure only if:

  (a)   the individual consents to the measure; or

  (b)   the Director of Human Biosecurity has given a direction for the individual to comply with the measure in accordance with paragraph   72(5)(a), and either:

  (i)   the period of 7 business days referred to in section   80 has ended, and the individual has not made an application under the Administrative Decisions (Judicial Review) Act 1977 ; or

  (ii)   the individual has made an application in accordance with section   80 for an order of review of the decision to give the direction, the application has been finally determined, and as a result of the order made in relation to the application the individual is required to comply with the measure.

Note 1:   A person who fails to comply with a biosecurity measure that the person is required to comply with may commit an offence (see section   107).

Note 2:   For expenses incurred in complying with a human biosecurity control order, see section   108.

Note 3:   Generally, force must not be used to require compliance with a biosecurity measure (see section   95).

Biosecurity measures where compliance is required without review

  (3)   Subsection   (4) sets out when an individual is required to comply with a biosecurity measure included, under one of the following sections, in a human biosecurity control order that is in force in relation to the individual:

  (a)   section   86 (contacting officer with health status);

  (b)   section   87 (restricting behaviour);

  (c)   section   88 (risk minimisation interventions);

  (d)   section   93 (medication);

  (e)   section   96 (traveller movement measure);

  (f)   section   97 (isolation measure).

  (4)   The individual is required to comply with the measure only if:

  (a)   the individual consents to the measure; or

  (b)   both of the following apply:

  (i)   the Director of Human Biosecurity has given a direction for the individual to comply with the measure in accordance with paragraph   72(5)(a);

  (ii)   the direction is still in force (see section   73); or

  (c)   if the measure is an isolation measure or a traveller movement measure--the individual refuses to consent to the measure, and the period of 72 hours from the time when the individual refused to consent to the measure has not yet ended.

Note 1:   A person who fails to comply with a biosecurity measure that the person is required to comply with may commit an offence (see section   107).

Note 2:   An individual who has applied for merits or judicial review of a decision to give a direction requiring the individual to comply with a biosecurity measure referred to in subsection   (3) must comply with the direction while the review is occurring.

Note 3:   A person who does not comply with an isolation measure that the person is required to comply with may be detained under Subdivision B of Division   4.