Biosecurity (Emergency Requirements—Remote Communities) Determination 2021 (Cth)
Biosecurity (Emergency Requirements—Remote Communities) Determination 2021
made under subsection 477(1) of the
Biosecurity Act 2015
Compilation No. 2
Compilation date: 22 November 2021
Includes amendments up to: F2021L01586
Registered: 28 January 2022
About this compilation
This compilation
This is a compilation of the Biosecurity (Emergency Requirements—Remote Communities) Determination 2021 that shows the text of the law as amended and in force on 22 November 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
1............ Name............................................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
Part 2—Requirements 4
5............ Persons not to enter designated areas............................................................................ 4
6............ Persons entering designated areas to minimise contact with others in those areas......... 6
7............ Leaving designated areas............................................................................................... 6
Part 3—Repeal 9
8............ Repeal............................................................................................................................ 9
Schedule 1—Designated areas 10
1............ Robinson River major community [258] also known as Mungoorbada...................... 10
2............ Robinson River homeland areas.................................................................................. 10
Schedule 2—Relevant decision‑makers 11
1............ Offices, appointments and positions for designated areas........................................... 11
Endnotes12
Endnote 1—About the endnotes 12
Endnote 2—Abbreviation key 13
Endnote 3—Legislation history 14
Endnote 4—Amendment history 15
Part 1—Preliminary
1 Name
This instrument is the Biosecurity (Emergency Requirements—Remote Communities) Determination 2021.
3 Authority
This instrument is made under subsection 477(1) of the Biosecurity Act 2015.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Biosecurity Act 2015, including the following:
(a) Australian law;
(b) Australian territory;
(c) conveyance;
(d) exposed to;
(e) Health Department.
(1) In this instrument:
commercial primary production means:
(a) commercial primary production of:
(i) food; or
(ii) products that, with further processing, will become (at least in part) food; or
(b) commercial processing of primary products to make food from them; or
(c) provision of veterinary services for animals kept, used or bred for commercial primary production described in paragraph (a); or
(d) aquaculture; or
(e) agribusiness.
designated area means an area described in Schedule 1.
essential activity in a designated area means any of the following:
(a) providing any of the following for the benefit of one or more persons in the area:
(i) health care (including vaccination or testing for human coronavirus with pandemic potential);
(ii) child care;
(iii) disability care;
(iv) aged care;
(v) education;
(vi) services relating to prevention of, or recovery from, domestic violence;
(vii) services relating to child protection;
(viii) policing services;
(ix) emergency services;
(x) essential services of a kind typically provided by local government, such as rubbish collection;
(xi) services, benefits, programs or facilities that the Chief Executive Centrelink has the function of providing;
(b) providing correctional services in relation to one or more persons in the area;
(c) providing funerary services in the area;
(d) operating, maintaining, repairing or replacing:
(i) equipment for providing electricity, gas, water, medical services, telecommunications services or broadcasting services; or
(ii) other essential infrastructure in the area;
(e) providing or delivering food, fuel or household or medical supplies in the area;
(f) providing postal services or delivering mail in the area;
(g) transporting freight to or from a place in the area;
(h) conducting, or taking part in, a sitting of a court or tribunal in the area;
(i) continuing the construction in the area of housing or transport infrastructure that was in progress immediately before the commencement of this instrument;
(j) carrying out mining operations, or operations ancillary to mining operations, in the area in a manner that is agreed with a human biosecurity officer so as to minimise the extent to which other persons in the area are exposed to the persons carrying out those operations;
(k) carrying out commercial primary production in the area in a manner that is agreed with a human biosecurity officer so as to minimise the extent to which other persons in the area are exposed to the persons carrying out the production.
mining operations includes operations for the extraction of oil or gas.
NT Land Rights Act means the Aboriginal Land Rights (Northern Territory) Act 1976.
permitted activity, for a person, means any of the following:
(a) obtaining medical care (including vaccination or testing for human coronavirus with pandemic potential) or medical supplies;
(b) isolating because the person is, or may be, infected with human coronavirus with pandemic potential;
(c) obtaining food, fuel or mail;
(d) for a person who is engaged in an essential activity that can be undertaken from the premises where the person resides—visiting the person’s workplace to retrieve a computer or work materials;
(e) for a person who is engaged in an essential activity, and who is the parent or guardian of a child—obtaining any of the following for the child, as appropriate:
(i) child care;
(ii) early childhood education;
(iii) education in a primary or secondary school;
(f) for a person who is the parent or guardian of a child—taking the child to another parent or guardian of the child, whether or not there is a formal arrangement in place in relation to the person or persons with whom the child lives or spends time with;
(g) providing care or support to a family member or another person who is unable to care for themselves due to health, age or disability; or
(h) providing care to an animal that is unattended;
(i) obtaining goods or services from a person who is engaged in an essential activity that is, or includes, the provision of the goods or services;
(j) an activity relating to the administration of justice, including attending:
(i) a police station; or
(ii) a court or other premises for a purpose relating to the justice or law enforcement system;
(k) travelling directly to an airport to leave the Northern Territory;
(l) attending a funeral at which there are no more than 10 other attendees in total, not including the persons providing the funeral services;
(m) if there is no waste collection for the premises where the person resides—travelling directly to deposit waste at a waste management facility;
(n) if the premises where the person resides has shared facilities—using the shared facilities;
(o) an activity that the person is required or authorised to undertake by a law of the Commonwealth or the Northern Territory.
relevant decision‑maker for a designated area means:
(a) a person occupying an office, appointment or position, of a Territory or other body, described, for the area, in the table in Schedule 2; or
(b) a human biosecurity officer who is an officer or employee of the Health Department, acting after having regard to the advice of a person who is a relevant decision‑maker for the area under paragraph (a).
(2) A reference in a provision of this instrument to a particular law of the Northern Territory is a reference to that law as in force immediately before the commencement of that provision.
Part 2—Requirements
Note: A person who fails to comply with a requirement that applies to the person under this instrument may commit an offence (see section 479 of the Biosecurity Act 2015). For generally available defences to offences, see Part 2.3 of the Criminal Code.
5 Persons not to enter designated areas
General
(1) A person must remain outside a designated area unless:
(a) the person is entering the area to escape an immediate threat to the person’s life or a risk of harm, including harm relating to domestic violence; or
(b) the person is a member of the Australian Defence Force and is entering the area in the course of the member’s duty; or
(c) the person is one of the following officials, and is entering the area in the course of the person’s duty as such an official:
(i) the Director of Human Biosecurity;
(ii) the chief human biosecurity officer for the Northern Territory;
(iii) a human biosecurity officer;
(iv) a biosecurity official;
(v) an official performing functions under an Australian law relating to public health, biosecurity or requirements for the export of food or agricultural commodities; or
(d) because of an amendment of the description of the designated area in Schedule 1, the person ceases to remain outside the area on the commencement of the amendment; or
(e) all of the following apply to the person entering the area:
(i) immediately before the entry, the person does not have any of the signs or symptoms of human coronavirus with pandemic potential;
(ii) in the 14 days immediately before the entry, the person has not been exposed, without adequate personal protective precautions, to human coronavirus with pandemic potential;
(iii) in the 14 days immediately before the entry, the person has not been in a foreign country;
(iv) the person is not entering the area wholly or partly for the purpose of engaging in an activity in the area that is prohibited by or under an Australian law;
(v) the person’s entry to the area is not prohibited by or under an Australian law (other than this section);
(vi) at least one of subsections (2), (3), (4), (5), (6) and (7) applies to the person.
Person is entering area to engage in, or provide transport for, essential activity
(2) This subsection applies to a person entering a designated area if:
(a) the person:
(i) is entering the area primarily to engage in an essential activity in the area that requires the person to be in the area; or
(ii) is the person in charge of, or a member of the crew of, a conveyance entering the area primarily to transport one or more persons to whom subparagraph (i) applies; and
(b) either:
(i) there is an urgent need for the person to engage in the essential activity in the area or to be in charge of, or be a member of the crew of, the conveyance entering the area; or
(ii) the person is entering the area primarily to engage in the essential activity in a manner that is agreed with a human biosecurity officer so as to minimise the extent to which other persons in the area are exposed to the person engaging in the activity.
Person entering area to engage in permitted activity
(3) This subsection applies to a person entering a designated area if the person is entering the area primarily to engage in a permitted activity in the area that cannot reasonably be undertaken outside the area.
Person has permission to enter area
(4) This subsection applies to a person entering a designated area if there is in force permission for the person to enter the area given by a relevant decision‑maker for the area who:
(a) is a chief human biosecurity officer or a human biosecurity officer; or
(b) has had regard to any guidance from a human biosecurity officer about who should be allowed to enter the area.
Person returning to premises where the person resides
(5) This subsection applies to a person entering a designated area if the premises where the person resides is in the area and the person is entering the area to return to those premises.
Person is in transit through area
(6) This subsection applies to a person (the entrant) entering a designated area on a journey for which all of the following conditions are met:
(a) the journey is to a place beyond the area;
(b) the journey takes the most direct practicable route through the area;
(c) the journey does not involve a person in the area (other than a person travelling with the entrant) being exposed to the entrant or a person travelling with the entrant.
Person is moving without exposure between designated areas or parts of designated area
(7) This subsection applies to a person (the entrant) entering a designated area (the end area) on a journey for which all of the following conditions are met:
(a) the journey started in a designated area (the start area) that the entrant did not enter in contravention of subsection (1), whether the start area is the same as, or different from, the end area;
(b) the journey passed through an area that was not a designated area;
(c) on the journey the entrant was not exposed to a person who did not start the journey with the entrant;
(d) if the journey involved use of a conveyance, the same conveyance was used for the whole journey.
6 Persons entering designated areas to minimise contact with others in those areas
(1) This section applies to a person who enters a designated area in reliance on:
(a) paragraph 5(1)(a) (about persons escaping immediate threats to their lives or risks of harm); or
(b) paragraph 5(1)(b) (about members of the Australian Defence Force); or
(c) paragraph 5(1)(c) (about officials with duties relating to public health, biosecurity or requirements for the export of food or agricultural commodities); or
(d) subsection 5(2) (about persons entering the area in connection with essential activities); or
(e) subsection 5(3) (about persons entering the area to engage in permitted activities); or
(f) subsection 5(4) (about persons entering the area with permission given by a relevant decision‑maker); or
(g) subsection 5(5) (about persons entering the area to return to the premises where the person resides); or
(h) subsection 5(7) (about persons moving without exposure to others between designated areas) applying to a journey from a different designated area.
(2) The person must take reasonable steps (having regard to the person’s circumstances and reason for entering the area) to minimise the extent to which anyone else in the area is exposed to the person.
7 Leaving designated areas
(1) A person who is in a designated area must not leave the area unless:
(a) the person is leaving the area to escape an immediate threat to the person’s life or a risk of harm, including harm relating to domestic violence; or
(b) the person is a member of the Australian Defence Force and is leaving the area in the course of the member’s duty; or
(c) the person is one of the following officials, and is leaving the area in the course of the person’s duty as such an official:
(i) the Director of Human Biosecurity;
(ii) a chief human biosecurity officer for a State or Territory;
(iii) a human biosecurity officer;
(iv) a biosecurity official;
(v) an official performing functions under an Australian law relating to public health, biosecurity or requirements for the export of food or agricultural commodities; or
(d) all of the following apply to the person leaving the area:
(i) the person entered the area in reliance on section 5;
(ii) the premises where the person resides is not in the area;
(iii) the person is leaving the area to return to the premises where the person resides; or
(e) all of the following apply to the person leaving the area:
(i) immediately before leaving the area, the person does not have any of the signs or symptoms of human coronavirus with pandemic potential;
(ii) in the 14 days immediately before leaving the area, the person has not been exposed, without adequate personal protective precautions, to human coronavirus with pandemic potential;
(iii) in the 14 days immediately before leaving the area, the person has not been in a foreign country;
(iv) the person is not leaving the area wholly or partly for the purpose of engaging in an activity that is prohibited by or under an Australian law;
(v) the person’s leaving the area is not prohibited by or under an Australian law (other than this section);
(vi) at least one of subsections (2), (3) and (4) applies to the person.
Person leaving area to engage in, or provide transport for, essential activity
(2) This subsection applies to a person leaving a designated area if:
(a) the person:
(i) is leaving the area primarily to engage in an essential activity outside the area that requires the person to be outside the area; or
(ii) is the person in charge of, or a member of the crew of, a conveyance leaving the area primarily to transport one or more persons to whom subparagraph (i) applies; and
(b) either:
(i) there is an urgent need for the person to engage in the essential activity outside the area or to be in charge of, or be a member of the crew of, the conveyance leaving the area; or
(ii) the person is leaving the area primarily to engage in the essential activity outside the area in a manner that is agreed with a human biosecurity officer so as to minimise the extent to which other persons outside the area are exposed to the person engaging in the activity.
Person leaving area to engage in permitted activity
(3) This subsection applies to a person leaving a designated area if the person is leaving the area primarily to engage in a permitted activity outside the area that cannot reasonably be undertaken in the area.
Person has permission to leave area
(4) This subsection applies to a person leaving a designated area if there is in force permission for the person to leave the area given by a relevant decision‑maker for the area who:
(a) is a chief human biosecurity officer or a human biosecurity officer; or
(b) has had regard to any guidance from a human biosecurity officer about who should be allowed to leave the area.
Part 3—Repeal
8 Repeal
This instrument is repealed at 6 pm, by legal time in the Northern Territory, on 1 December 2021.
Schedule 1—Designated areas
Note: See the definition of designated area in section 4.
1 Robinson River major community [258] also known as Mungoorbada
This clause describes the area bounded by a circle of radius 10 km, the centre of which is at the point latitude (DMS) S 16°45′33.33″, longitude (DMS) E 136°58′58.80″ (Geocentric Datum of Australia 1994 (GDA94) geographic coordinates).
2 Robinson River homeland areas
This clause describes each area specified in an item of the following table.
| Robinson River homeland areas | ||
| Item | The area known as… | bounded by a circle of radius 5 km, the centre of which is at the following point (Geocentric Datum of Australia 1994 (GDA94) geographic co ordinates)… Latitude (DMS) Longitude (DMS) |
| 1 | Bajaminyi family outstation [209] also known as Baramingi and Fish River | S 17°46′29.60″ E 137°42′44.75″ |
| 2 | Burrumburru family outstation [686] also known as Dry Creek | S 17°44′32.24″ E 137°46′53.58″ |
| 3 | Gumuluji family outstation [691] also known as Wallace Creek | S 17°56′7.22″ E 137°28′49.37″ |
| 4 | Jilundarina family outstation [261] also known as Siegal Creek | S 17°36′20.05″ E 137°34′35.94″ |
| 5 | Mariniri family outstation [994] also known as Marinri | S 16°40′12.05″ E 136°54′5.05″ |
| 6 | Mimina family outstation [724] | S 16°48′7.60″ E 136°50′3.41″ |
| 7 | Nudjabarra family outstation [251] also known as Nicholson River | S 17°58′47.93″ E 137°58′9.98″ |
| 8 | Wollogorang family outstation [275] also known as Jugalina and Branch Creek | S 17°13′5.81″ E 137°59′19.82″ |
| 9 | Wulaburri family outstation [995] | S 16°24′23.04″ E 136°50′29.83″ |
| 10 | Wundigalla family outstation [996] | S 16°28′32.05″ E 137°2′35.05″ |
| 11 | Yangulinyina family outstation [218] also known as Calvert Hills and Surprise Creek | S 16°53′19.90″ E 137°12′32.26″ |
Schedule 2—Relevant decision‑makers
Note: See paragraph (a) of the definition of relevant decision‑maker in section 4.
1 Offices, appointments and positions for designated areas
The following table describes offices, appointments and positions for designated areas.
| Offices, appointments and positions for designated areas | ||
| Item | Designated area | Office, appointment or position |
| 1 | A designated area in the Northern Territory | The chief human biosecurity officer for the Northern Territory |
| 2 | A designated area in the Northern Territory | A human biosecurity officer who is an employee of the State or Territory body responsible for the administration of health services in the Northern Territory |
| 3 | A designated area in the Northern Territory | The Chief Health Officer of the Northern Territory |
| 4 | A designated area in the Northern Territory | The Commissioner of Police and Chief Executive Officer of the Fire and Emergency Service of the Northern Territory |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Biosecurity (Emergency Requirements—Remote Communities) Determination 2021 | 17 Nov 2021 (F2021L01572) | 7.46 am (A.C.T.) 17 Nov 2021 (s 2(1) item 1) | |
| Biosecurity (Emergency Requirements—Remote Communities) Amendment (No. 1) Determination 2021 | 18 Nov 2021 (F2021L01578) | 2.48 pm (A.C.T.) 18 Nov 2021 (s 2(1) item 1) | — |
| Biosecurity (Emergency Requirements—Remote Communities) Amendment (No. 2) Determination 2021 | 22 Nov 2021 (F2021L01586) | 6.59 pm (A.C.T.) 22 Nov 2021 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| s 2............................................. | rep LA s 48D |
| Part 2 | |
| s 7............................................. | am F2021L01578 |
| Part 3 | |
| s 8............................................. | am F2021L01578; F2021L01586 |
| Schedule 1 | |
| c 1............................................. | am F2021L01578 |
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