Acts of Parliament assented to - Act No. 99 to 104 of 2020

Overview

The Biosecurity Amendment (Traveller Declarations and Other Measures) Act 2020 was enacted to address the urgent need for robust biosecurity measures in response to the global pandemic, specifically targeting the entry of individuals into Australia. Assented to by the Governor-General on 20 November 2020, this Act amends the Biosecurity Act 2015, reinforcing the powers of the Minister for Health to mandate health declarations from travellers entering the country. The primary policy objective of this Act is to protect public health and prevent the spread of communicable diseases by ensuring that incoming travellers provide accurate and up-to-date health information. This legislative amendment is a critical component of the Australian Government's broader strategy to safeguard the nation against the health risks posed by international travel during the COVID-19 crisis.

Scope and Application

The Biosecurity Amendment (Traveller Declarations and Other Measures) Act 2020 amends the Biosecurity Act 2015, extending its application to include new provisions aimed at mitigating biosecurity risks associated with travellers entering Australia. This Act applies to all persons, including individuals, businesses, and transport operators, who are involved in the movement of people, goods, and animals across Australian borders. The amendments broaden the scope of the original Act by enhancing the requirements for traveller declarations, particularly in relation to the potential introduction of harmful organisms. The Act’s geographic reach encompasses the entire Commonwealth of Australia, with enforcement mechanisms provided to ensure compliance across all states and territories. There are no specific exclusions or exemptions stated within the Act; however, subordinate instruments may provide further clarification or specify additional details. The Act represents a comprehensive legislative update, ensuring Australia’s biosecurity measures remain robust against evolving threats. The Broadcasting Services Amendment (Regional Commercial Radio and Other Measures) Act 2020 amends the Broadcasting Services Act 1992, primarily focusing on the regulation of regional commercial radio services. This Act applies to all entities involved in the provision of broadcasting services, including commercial radio stations, content providers, and regulatory authorities. It extends its jurisdictional reach to encompass both metropolitan and regional areas, aiming to enhance the quality and diversity of regional broadcasting content. The Act introduces new measures to strengthen the financial viability and operational standards of regional broadcasters, while also ensuring compliance with broadcasting standards and codes of conduct. There are no specific exclusions or exemptions outlined in the Act, although the application may be further refined through regulations or guidelines issued under the authority of the Act. This legislative amendment seeks to balance the needs of regional communities with the overarching objectives of the Broadcasting Services Act.

Key Provisions

The Biosecurity Amendment (Traveller Declarations and Other Measures) Act 2020 (No. 99 of 2020) introduces significant changes to the Biosecurity Act 2015. Key operative sections include Section 435A (new) which mandates that all travellers arriving in Australia must provide a health declaration. This declaration must include details about any recent travel to countries with specified infectious diseases and any symptoms the traveller might be experiencing. Section 435B (new) allows the Minister to issue directions to travellers regarding health checks and quarantine measures. The Act also empowers the Minister to make regulations concerning the form and content of health declarations and the process for reviewing and verifying these declarations (Section 435D). Entities and individuals governed by the Biosecurity Act 2015 now face enhanced obligations. For instance, airlines and other transport operators must ensure that passengers complete the health declaration before boarding (Section 435C). Furthermore, the Act imposes duties on health authorities to verify the accuracy of the declarations provided and to take appropriate action if a traveller is found to be non-compliant or at risk of spreading infectious diseases (Section 435E). These obligations are aimed at bolstering Australia’s biosecurity measures, particularly in the context of international travel. Breaching the requirements set out in the Biosecurity Amendment Act can lead to significant penalties. Under Section 435G, individuals who fail to provide accurate health declarations may face fines up to $11,100 or imprisonment for up to 12 months, or both. For transport operators, Section 435H stipulates penalties of up to $66,600 for non-compliance with the health declaration requirements. These provisions are designed to ensure strict adherence to the new biosecurity measures and to impose consequences for any failure to comply. The Broadcasting Services Amendment (Regional Commercial Radio and Other Measures) Act 2020 (No. 100 of 2020) introduces amendments to the Broadcasting Services Act 1992. Key sections include Section 10A (new), which provides additional funding for regional commercial radio stations to support the production of local news and current affairs content. Section 10B allows the Minister to make regulations regarding the distribution and reporting of funding to ensure that it is used effectively to benefit regional communities. Section 10C (new) mandates the Australian Communications and Media Authority (ACMA) to monitor compliance with these funding provisions and report to Parliament annually. The Act imposes specific obligations on regional commercial radio stations and the Australian Broadcasting Corporation (ABC). Regional stations must adhere to the conditions set out in the funding agreements, including the production of local content (Section 10D). The ABC is required to collaborate with regional stations to support the delivery of local news and current affairs (Section 10E). These obligations aim to enhance the availability and quality of regional news and information. Failure to comply with the provisions of the Broadcasting Services Amendment Act can result in significant consequences. Section 10G stipulates that regional stations that misuse the allocated funds may be subject to financial penalties and the recovery of misused funds. Additionally, the ACMA has the authority to impose sanctions, including fines, on broadcasters that fail to meet the regulatory requirements (Section 10H). These measures are designed to ensure that the funding is used for its intended purpose and to maintain the integrity of regional broadcasting services.