Biosecurity (Entry Requirements) Amendment (Listed Human Diseases) Determination 2026

Administered by Department of Health, Disability and Ageing

Legislation au F2026L00768 Not in force Legislative Instrument

Legislation content

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.

Overview

The Biosecurity Act 2015, enacted by the Australian Parliament, serves as the primary legislative framework for managing the risk of pests and diseases, including listed human diseases, from entering and spreading within Australian territory. The Biosecurity (Entry Requirements) Amendment (Listed Human Diseases) Determination 2026 was introduced to address the problem of preventing listed human diseases from entering or spreading in Australia. This amendment aims to amend the Biosecurity (Entry Requirements) Determination 2025 to establish requirements for individuals entering Australian territory, ensuring they are screened for potential exposure to listed human diseases. The policy objective is to filter individuals who may have been in countries or areas affected by listed human diseases, thereby preventing the entry and spread of such diseases within Australia. Effective from 19 June 2026, the amendment requires individuals arriving in Australia to declare if they have been in the Democratic Republic of the Congo, Uganda, or South Sudan in the last 21 days, with those who answer affirmatively being referred to a biosecurity officer. This amendment is designed to enhance Australia's biosecurity measures at its international borders, particularly in response to ongoing outbreaks such as Ebola.

Scope and Application

The Biosecurity (Entry Requirements) Amendment (Listed Human Diseases) Determination 2026 applies to individuals entering Australian territory, irrespective of nationality, to prevent the introduction or spread of Listed Human Diseases (LHD). This amendment to the Biosecurity (Entry Requirements) Determination 2025 enables relevant officials, SmartGate, the Incoming Passenger Card (IPC), and the Australia Travel Declaration (ATD) to question individuals at landing places or ports about their travel history to countries or areas with LHD outbreaks. The screening process is not retrospective and provides operational flexibility to respond to future international outbreaks. The amendment mandates that individuals declare their travel history, either orally or in writing through the IPC, ATD, or SmartGate, when requested by a relevant official. This screening mechanism is designed to filter individuals who may have been exposed to an LHD, with actual screening conducted by Biosecurity Officers under existing legal authority. The Determination broadens the scope of screening requirements to include individuals who have been in countries or areas affected by an LHD, thereby capturing risks in locations broader or narrower than a specified country. The Determination was made under subsection 44(2) of the Biosecurity Act 2015 and is a legislative instrument for the purposes of the Legislation Act 2003. It commences on the day after its registration on the Federal Register of Legislation.

Key Provisions

The Biosecurity (Entry Requirements) Amendment (Listed Human Diseases) Determination 2026 (the Determination) modifies the Biosecurity (Entry Requirements) Determination 2025 (the Principal Determination) to establish entry requirements for individuals coming into Australian territory, with the aim of preventing Listed Human Diseases (LHDs) from entering or spreading within Australia. This amendment specifically empowers relevant officials, SmartGate, the Incoming Passenger Card (IPC), and the Australia Travel Declaration (ATD) to ask individuals about their travel history when entering Australia, regardless of their nationality. This screening process is not retrospective but is designed to be proactive in filtering individuals who may have been exposed to LHDs. Section 9A of the Determination mandates that individuals must declare if they have been in a country or area affected by an LHD, either orally, via a completed IPC or ATD, or through the SmartGate. This section broadens the scope of screening in paragraph 9(1)(d) of the Principal Determination to include individuals who have been in an area within a country affected by an LHD. The Determination imposes obligations on relevant officials and entry systems to ask pertinent questions to individuals entering Australia to determine if they have been in a country or area with an LHD. It also requires individuals to truthfully provide this information to ensure effective screening. These obligations are in place to ensure that individuals who may pose a biosecurity risk are identified and managed appropriately upon entry into Australia. The screening is not meant to replace the actual examination by a Biosecurity Officer but to filter potential risks for further screening. Breach of the requirements stipulated in the Determination can result in significant civil or criminal consequences. While specific penalties are not detailed in the Determination, it is inferred that non-compliance with the biosecurity entry requirements could lead to denial of entry into Australia, detention, and further investigation by Biosecurity Officers. Additionally, providing false information regarding travel history could potentially lead to legal action under relevant biosecurity laws. The precise penalties would depend on the nature and severity of the breach, but they could include fines and imprisonment, as outlined in the Biosecurity Act 2015. The Determination is designed to provide legislative support for operational measures at Australia's borders to prevent the entry of LHDs, such as Ebola, from countries experiencing outbreaks. From 19 June 2026, individuals arriving in Australia will be asked if they have been in the Democratic Republic of the Congo, Uganda, or South Sudan in the last 21 days. Those who answer affirmatively will be referred to a Biosecurity Officer for further assessment and provision of an Ebola disease information card. This amendment ensures that Australia's border control measures are equipped to handle potential LHD outbreaks effectively.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.