EXPLANATORY STATEMENT
Biosecurity Act 2015
Biosecurity (Entry Requirements) Amendment (Additional Screening)
Determination 2018
Authority
The Biosecurity Act 2015 (the Act) provides the primary legislative means and a regulatory framework for the Australian Government to manage the risk of pests and diseases from entering Australian territory and causing harm to animal, plant and human health, the environment and the economy. The Act manages biosecurity risks – including the risk of listed human diseases – entering Australian territory, or emerging, establishing themselves, or spreading in Australian territory or a part of Australian territory.
Subsection 44(2) of the Biosecurity Act 2015 (the Act) provides that the Health Minister may determine one or more requirements for individuals who are entering Australian territory at a landing place or port.
Purpose
The purpose of the instrument is to set requirements for individuals or any class of individuals entering Australian territory, to prevent a listed human disease from entering, or establishing itself or spreading in, Australian territory or a part of Australian territory.
The instrument enables the screening of individuals for listed human diseases, and adds an additional country to the list of yellow fever risk countries.
Background
Australia is a signatory to the World Health Organization (WHO) International Health Regulations 2005 (IHR). Annex 1B of the IHR requires Member States to have the capacity to apply entry and exit requirements for arriving and departing travellers in response to public health risks and emergencies of international concern.
Consistent with the IHR, the Determination provides that individuals entering Australia who have been in a yellow fever risk country in the last 6 days may be required to carry and show a certificate of vaccination against yellow fever. Yellow fever is a listed human disease under the Biosecurity Act 2015. This list of countries is based on information provided by the WHO and will be regularly reviewed, as appropriate.
Details
1 Name of Determination
Section 1 states that the name of the amending Determination is the Biosecurity (Entry Requirements) Amendment (Additional Screening) Determination 2018.
2 Commencement
Section 2 states that these amendments commence on the day after the Determination is registered on the Federal Register of Legislation.
3 Authority
Section 3 states that the authority for the Determination is subsection 44(2) of the Biosecurity Act 2015.
4 Schedules
Section 4 states that the Schedule to the Determination will amend the relevant Schedule in the Biosecurity (Entry Requirements) Determination 2016.
Schedule 1 Amendments
Item 1 After Part 2 (Part 3 – Screening)
Item 1 provides a new subsection that enables individuals entering Australia to be screened to determine whether that individual may be, or may have been, infected with a listed human disease. The item allows for screening to take place if the individual:
- Has been identified in a pre-arrival report, provided under subsection 193(1) of the Act; or
- Has been identified at the landing place or port as being unwell; or
- Has been identified under the International Health Regulations (2005) to the Australian National Focal Point as having had, or been in contact with, a listed human disease; or
- Has a recent travel history to a country experiencing cases of a listed human disease.
Item 2 Clause 1 of Schedule 1 (at the end of the cell at table item 2, column header “countries and areas”)
Item 2 adds Corrientes Province to the areas in Argentina for which a yellow fever vaccination certificate is required for travel within 6 days prior to arrival in Australia.
Consultation
During the development of the Determination, the Department of Health consulted with the Department of Agriculture and Water Resources, the Office of Parliamentary Counsel, and state and territory health departments.
This Determination commences the day after registration on the Federal Register of Legislation.
This Determination is a legislative instrument for the purposes of the Legislation Act 2003.This Determination is not subject to disallowance.
Overview
The Biosecurity (Entry Requirements) Amendment (Additional Screening) Determination 2018 was enacted to address the need for enhanced biosecurity measures to prevent the introduction and spread of listed human diseases into Australian territory. Authorised by subsection 44(2) of the Biosecurity Act 2015, this amendment was introduced to align Australia’s biosecurity protocols with the World Health Organization’s International Health Regulations 2005. The primary objective of this instrument is to mandate screening of individuals entering Australia for potential infections with listed human diseases, including requiring a yellow fever vaccination certificate for those who have travelled from high-risk areas within the past six days. The determination reflects Australia's commitment to international health standards while bolstering its defences against the importation of dangerous pathogens.
Scope and Application
The Biosecurity (Entry Requirements) Amendment (Additional Screening) Determination 2018 is an amendment to the Biosecurity (Entry Requirements) Determination 2016 under the Biosecurity Act 2015. It applies to individuals entering Australian territory, specifically targeting those who may be infected with a listed human disease, in alignment with the International Health Regulations 2005. The amendment facilitates screening procedures for individuals who have recently been in countries with reported cases of listed human diseases, such as yellow fever, and mandates the presentation of a yellow fever vaccination certificate for those arriving from specific regions within 6 days of their travel. The amendment adds Corrientes Province in Argentina to the list of areas requiring such certificates, enhancing the capacity to prevent the spread of diseases into Australia. The instrument is designed to safeguard public health by enforcing rigorous entry requirements and is operational from the day of its registration on the Federal Register of Legislation. The Determination is underpinned by the Health Minister's authority under the Biosecurity Act 2015 and is not subject to disallowance.
Key Provisions
The Biosecurity (Entry Requirements) Amendment (Additional Screening) Determination 2018 amends the Biosecurity (Entry Requirements) Determination 2016 under the Biosecurity Act 2015. The primary changes introduced by this Amendment Determination (sections 1 and 4) relate to the screening of individuals entering Australian territory to prevent the spread of listed human diseases. Specifically, section 1 of the Amendment Determination states that individuals may be screened if they have been identified as unwell, have a recent travel history to a country experiencing cases of a listed human disease, or have been identified under the International Health Regulations (2005) as having had, or been in contact with, a listed human disease. Additionally, section 1 of Schedule 1 allows for screening if the individual has been identified in a pre-arrival report.
The Amendment Determination imposes certain obligations on individuals entering Australian territory, as well as on the relevant authorities. For individuals, this means complying with screening procedures and providing relevant documentation, such as a yellow fever vaccination certificate if they have been in a yellow fever risk country within the last six days (section 1, Item 2 of Schedule 1). For authorities, it involves implementing the screening measures and ensuring compliance with the Determination's provisions.
Breaching the requirements set out in the Biosecurity (Entry Requirements) Amendment (Additional Screening) Determination 2018 can lead to significant consequences. Under the Biosecurity Act 2015, failure to comply with the entry requirements, such as not presenting a yellow fever vaccination certificate when required, can result in civil penalties. The maximum penalty for contravening the Act is 200 penalty units ($33,000 as of 2023) for an individual and 10,000 penalty units ($1.67 million as of 2023) for a body corporate. Additionally, officers may also pursue criminal charges in more severe cases, leading to potential imprisonment and further fines. The Determination underscores the importance of adhering to these biosecurity measures to protect public health and prevent the spread of listed human diseases in Australia.