EXPLANATORY STATEMENT
Biosecurity Act 2015
Biosecurity (Entry Requirements) Amendment (Listed Human Diseases) Determination 2026
Purpose and operation
The Biosecurity (Entry Requirements) Amendment (Listed Human Diseases) Determination 2026 (the Determination) amends the Biosecurity (Entry Requirements) Determination 2025 (the Principal Determination) to set requirements for individuals entering Australian territory, to prevent a Listed Human Disease (LHD) from entering, or establishing itself or spreading in, Australian territory or a part of Australian territory.
The Determination is being amended to provide legislative support for a relevant official, the SmartGate, the Incoming Passenger Card (IPC) and the Australia Travel Declaration (ATD) to ask questions of individuals entering Australia at a landing place or port to determine whether they have been in a country or area with an LHD. This requirement will be applicable to all individuals regardless of their nationality and will not be retrospective. The amendment introduces a power that may be imposed in circumstances where there is an LHD outbreak in a country or area, providing operational flexibility to respond to future international outbreaks of an LHD.
The Determination provides that a relevant official may require the individual to declare their travel history before entering the landing place or port, orally or in writing, if asked do so. The Determination establishes that individuals will provide this information orally, by providing the official a completed IPC or ATD, or by entering the information into a SmartGate. The policy objective of the Determination is to screen for individuals who may have been infected with an LHD or been exposed to an LHD. The relevant official and/or the SmartGate is not actively screening such individuals as a result of this amendment, but simply filtering those persons who have been in relevant countries or areas in the relevant time period. The actual screening is done by a Biosecurity Officer under their standing legal authority in s9(2) of the Principal Determination.
The Determination also amends paragraph 9(1)(d) of the Principal Determination to broaden the scope of screening requirements, so they apply to an individual who has “been in a country or area” with an LHD. This ensures LHD risks are captured in locations that are either broader or narrower than a specified country. For example, in a very large country, only a certain area may be affected by an LHD outbreak, so this permits a question such as “have you been in [specific province] of [certain country] in the specified period?”
There is currently an Ebola disease outbreak in the Democratic Republic of the Congo and Uganda. Ebola disease, a viral haemorrhagic fever (VHF) is an LHD under the Biosecurity Act 2015 (the Biosecurity Act) and the Biosecurity (Listed Human Diseases) Determination 2026. These amendments will support Australia’s response at the international border for Ebola disease and any other LHD as determined by the relevant instrument under subsection 42(1) of the Biosecurity Act.
From 19 June 2026, individuals arriving in Australia will be asked ‘Have you been in the Democratic Republic of the Congo, Uganda or South Sudan in the last 21 days’. Individuals who answer ‘yes’ will be referred to a Department of Agriculture, Fisheries and Forestry (DAFF) biosecurity officer who will provide the traveller with an Ebola disease information card.
The Determination is a legislative instrument for the purposes of the Legislation Act 2003.
The Determination was made under subsection 44(2) of the Biosecurity Act, and subsection 44(3) provides that a determination made under subsection 44(2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.
Background
The Biosecurity 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 Biosecurity Act manages biosecurity risks – including the risk of LHDs – entering Australian territory, or emerging, establishing themselves, or spreading in Australian territory or a part of Australian territory.
Authority
Subsection 44(2) of the Biosecurity Act provides that the Health Minister may determine one or more requirements in respect of a listed human disease for individuals who are entering Australian territory at a landing place or port. Subsections 44(4), (5) and (6) of the Biosecurity Act set out what a determination made under subsection 44(2) may specify, and subsection 44(7) sets out what a determination made under subsection 44(2) must not specify.
Reliance on subsection 33(3) of the Acts Interpretation Act 1901
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Commencement
The Determination commences on the day after it is registered on the Federal Register of Legislation.
Consultation
The Department of Health, Disability and Ageing (department) has consulted with the Department of Home Affairs on the amended Determination. The department instructed the Office of Parliamentary Counsel (OPC) on the drafting of the amendments to this Determination. Australian Border Force and Department of Agriculture, Fisheries and Forestry (DAFF) were consulted on the operational impacts of the amendments.
General
The Determination is a legislative instrument for the purposes of the Legislation Act 2003.
Details of the Determination are set out in the Attachment.
ATTACHMENT
Details of the Biosecurity (Entry Requirements) Amendment (Listed Human Diseases) Determination 2026
Part 1—Preliminary
Section 1 – Name
Section 1 provides the name of the Determination is the Biosecurity (Entry Requirements) Amendment (Listed Human Diseases) Determination 2026.
Section 2 – Commencement
Section 2 provides the Determination commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
Section 3 provides the Determination is made under subsection 44(2) of the Biosecurity Act 2015.
Section 4 – Schedules
Section 4 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and that any other item in a Schedule has effect according to its terms.
Schedule 1 – Amendments
Schedule 1 outlines amendments to the Biosecurity (Entry Requirements) Determination 2025.
Section 1 of the Determination provides that section 9A will be inserted before section 9 in the Biosecurity (Entry Requirements) Determination 2025.
Section 9A provides the requirement for initial screening of individuals who have travelled in countries or areas with listed human disease outbreaks. It applies to an individual who is entering Australian territory on a conveyance or vessel at a landing place or port in accordance with Division 2 or 3 of Part 4 of Chapter 4 of the Biosecurity Act 2015.
A relevant official may require the individual to provide information about whether the individual has, during a period specified by the official, been in a country or area where individuals are known to be, or may have been, infected with a listed human disease
The individual must provide this information to the official orally or in writing using the Incoming Passenger Card, Australia Travel Declaration pass or SmartGate, as prompted.
Section 2 of the Determination provides that “or area” will be added after “country” in paragraph 9(1)(d) of the Biosecurity (Entry Requirements) Determination 2025. This aligns with the language used in section 9A, and captures locations that are either broader or narrower than a country alone.