Biosecurity (Entry Requirements) Determination 2016

Biosecurity (Entry Requirements) Determination 2016

made under subsection 44(2) of the

Biosecurity Act 2015

Compilation No. 3

Compilation date: 17 October 2023

Includes amendments up to: F2023L01379

Registered: 10 November 2023

About this compilation

This compilation

This is a compilation of the Biosecurity (Entry Requirements) Determination 2016 that shows the text of the law as amended and in force on 17 October 2023 (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 Register (www.legislation.gov.au). 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Name

3 Authority

4 Definitions

Part 2—Requirements relating to yellow fever

4A Initial screening—declaration relating to travel in yellow fever risk regions

4B Secondary screening—declaration relating to stays in yellow fever risk countries or areas

5 Vaccination certificates and travel history—individuals who have stayed in yellow fever risk countries or areas

Part 3—Screening

6 Individuals who may be, or may have been, infected with listed human disease

Part 4—Travel history declarations

7 Providing travel history declaration on request

Schedule 1—Yellow fever risk countries and areas

1 Yellow fever risk countries and areas

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This is the Biosecurity (Entry Requirements) Determination 2016.

3  Authority

  This instrument is made under subsection 44(2) of the Biosecurity Act 2015.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Australian territory;

(b) International Health Regulations;

(c) landing place;

(d) port.

  In this instrument:

Act means the Biosecurity Act 2015.

designated yellow fever vaccination centre means a vaccination centre approved by the health administration authority of a country to administer vaccinations against yellow fever.

health administration authority, of a country, means a government authority responsible for the administration of health in the country, including the implementation of measures set out in the International Health Regulations.

Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.

international vaccination certificate means a certificate:

 (a) in the form of the model international certificate of vaccination mentioned in annex 6 of the International Health Regulations; and

 (b) that contains the information mentioned in subsection 5(3).

relevant official means any of the following:

 (a) a biosecurity officer;

 (b) a chief human biosecurity officer;

 (c) a human biosecurity officer;

 (d) an APS employee in the Agriculture Department;

 (e) an APS employee in the Home Affairs Department.

yellow fever risk country or area means a country or area specified in Schedule 1.

Part 2—Requirements relating to yellow fever

4A  Initial screening—declaration relating to travel in yellow fever risk regions

 (1) This section applies to an individual who is entering Australian territory at a landing place or port in accordance with Division 2 or 3 of Part 4 of Chapter 4 of the Act.

 (2) The individual must, in writing, declare to a relevant official whether the person had been in Africa, South America, Central America or the Caribbean at any time in the 6 days before entering the landing place or port.

Where requirement applies

 (3) The requirement in this section applies at the landing place or port (as applicable).

Note 1: An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).

Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).

Note 3: For protections for children or incapable persons who are subject to the requirements in this section, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.

Note 4: Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.

4B  Secondary screening—declaration relating to stays in yellow fever risk countries or areas

 (1) This section applies to an individual who:

 (a) is entering Australian territory at a landing place or port in accordance with Division 2 or 3 of Part 4 of Chapter 4 of the Act; and

 (b) had been in Africa, South America, Central America or the Caribbean at any time in the 6 days before entering the landing place or port.

 (2) The individual must declare to a relevant official whether the person had stayed overnight or longer in a yellow fever risk country or area at any time in the 6 days before entering the landing place or port.

 (3) If the individual makes a declaration as required by subsection (2) orally, the individual must also make the declaration in writing if a relevant official asks the individual to do so.

Where requirements apply

 (4) The requirements in this section apply at the landing place or port (as applicable).

Note 1: An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).

Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).

Note 3: For protections for children or incapable persons who are subject to the requirements in this section, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.

Note 4: Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.

5  Vaccination certificates and travel history—individuals who have stayed in yellow fever risk countries or areas

 (1) This section applies to an individual who:

 (a) is entering Australian territory at a landing place or port in accordance with Division 2 or 3 of Part 4 of Chapter 4 of the Act; and

 (b) had stayed overnight or longer in a yellow fever risk country or area at any time in the 6 days before entering the landing place or port.

International vaccination certificates

 (2) A relevant official may require the individual:

 (a) to carry an international vaccination certificate; and

 (b) to show the certificate to a relevant official if the relevant official asks the individual for the certificate.

 (3) An international vaccination certificate for an individual must:

 (a) be in the name of the individual; and

 (b) be issued by a designated yellow fever vaccination centre; and

 (c) display the official stamp of the designated yellow fever vaccination centre that issued the certificate; and

 (d) be signed by a medical practitioner or other person authorised by the health administration authority of the country in which the vaccination took place; and

 (e) state the office or professional status of the medical practitioner or other person who signed the certificate; and

 (f) state the date when the vaccination took place; and

 (g) state that the vaccine used to vaccinate the individual is a vaccine approved by the World Health Organization for the vaccination of persons against yellow fever.

Travel history declarations

 (4) The individual must declare to a relevant official the individual’s international travel history for the 6 days before entering the landing place or port.

 (5) If the individual makes a declaration as required by subsection (4) orally, the individual must also make the declaration in writing if a relevant official asks the individual to do so.

Where requirements apply

 (6) The requirements in this section apply at the landing place or port (as applicable).

Note 1: An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).

Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).

Note 3: For protections for children or incapable persons who are subject to the requirements in this section, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.

Note 4: Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.

Part 3—Screening

6  Individuals who may be, or may have been, infected with listed human disease

 (1) This section 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 Act if:

 (a) the individual has been identified in the report given by the operator of the conveyance or vessel under subsection 193(1) of the Act, or in information given to a biosecurity officer under subsection 194(1) of the Act, as having signs or symptoms of an illness or infection; or

 (b) the individual has been identified by a relevant official at the landing place or port as having signs or symptoms of an illness or infection; or

 (c) the National Focal Point has been notified under the International Health Regulations that the individual has, or has been exposed to, a listed human disease; or

 (d) before travelling to Australian territory, the individual had been in a country where individuals are known to be, or to have been, infected with a listed human disease.

 (2) A relevant official may require the individual to be screened (including by equipment or by being required to answer questions or provide information in writing) for the purpose of establishing whether the individual may be, or may have been, infected with a listed human disease.

Where requirements apply

 (3) The requirements in this section apply at the landing place or port (as applicable).

Note 1: An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).

Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).

Note 3: For protections for children or incapable persons who are subject to the requirements in this section, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.

Note 4: Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.

Part 4—Travel history declarations

7  Providing travel history declaration on request

Individuals on international flights

 (1) Subsection (2) applies to an individual who is entering Australian territory on an aircraft at a landing place in accordance with Division 2 of Part 4 of Chapter 4 of the Act if the flight commenced outside Australian territory.

 (2) If:

 (a) a relevant official reasonably suspects that the individual has, or has been exposed to, a listed human disease; and

 (b) a relevant official asks the individual to do so;

the individual must declare to a relevant official the individual’s international travel history for the 14 days before the day the flight commenced.

Individuals on international voyages

 (3) Subsection (4) applies to an individual who is entering Australian territory on a vessel at a port in accordance with Division 3 of Part 4 of Chapter 4 of the Act if the voyage commenced outside Australian territory.

 (4) If:

 (a) a relevant official reasonably suspects that the individual has, or has been exposed to, a listed human disease; and

 (b) a relevant official asks the individual to do so;

the individual must declare to a relevant official the individual’s international travel history for the 14 days before the day the voyage ended.

Making declarations in writing

 (5) If an individual makes a declaration as required by subsection (2) or (4) orally, the individual must also make the declaration in writing if a relevant official asks the individual to do so.

Where requirements apply

 (6) The requirements in this section apply at the landing place or port (as applicable).

Note 1: An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).

Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).

Note 3: For protections for children or incapable persons who are subject to the requirements in this section, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.

Note 4: Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.

Schedule 1—Yellow fever risk countries and areas

Note: See section 4.

1  Yellow fever risk countries and areas

  A place specified in the following table is a yellow fever risk country or area.

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history