Biosecurity (Exit Requirements) Determination 2020

Administered by Department of Health, Disability and Ageing

Legislation au F2020L00323 Not in force Legislative Instrument

Legislation content

Biosecurity (Exit Requirements) Determination 2020

made under subsection 45(2) of the

Biosecurity Act 2015

Compilation No. 1

Compilation date:   2 April 2020

Includes amendments up to: F2020L00388

Registered:    9 April 2020

 

About this compilation

This compilation

This is a compilation of the Biosecurity (Exit Requirements) Determination 2020 that shows the text of the law as amended and in force on 2 April 2020 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 2—Requirements relating to human coronavirus with pandemic potential

4 Screening

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

 

1  Name

  This instrument is the Biosecurity (Exit Requirements) Determination 2020.

3  Authority

  This instrument is made under subsection 45(2) of the Biosecurity Act 2015.

Part 2—Requirements relating to human coronavirus with pandemic potential

 

4  Screening

 (1) This section applies to an individual who is leaving Australian territory on an aircraft if:

 (a) the individual is bound for any of the following countries:

 (i) Cook Islands;

 (ii) Fiji;

 (iia) Nauru;

 (iii) New Caledonia;

 (iv) Papua New Guinea;

 (v) Samoa;

 (vi) Solomon Islands;

 (vii)  Timor‑Leste;

 (viii) Tonga;

 (ix) Vanuatu; and

 (b) the aircraft is departing from any of the following landing places:

 (i) Brisbane International Airport;

 (ii) Cairns International Airport;

 (iii) Darwin International Airport;

 (iv) Gold Coast International Airport;

 (v) Melbourne International Airport;

 (vi) Sydney International Airport.

 (2) The individual must be screened by a biosecurity officer or a human biosecurity officer (whether 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 human coronavirus with pandemic potential.

Note: An individual who fails to comply with this requirement may contravene a civil penalty provision (see section 46 of the Biosecurity Act 2015).

 (3) The requirement in subsection (2) applies at the landing places mentioned in paragraph (1)(b).

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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Biosecurity (Exit Requirements) Determination 2020

26 Mar 2020 (F2020L00323)

26 Mar 2020 (s 2(1) item 1)

 

Biosecurity (Exit Requirements) Amendment (Nauru) Determination 2020

2 Apr 2020 (F2020L00388)

2 Apr 2020 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

Part 2

 

s 4.....................

am F2020L00388

 

Overview

The Biosecurity (Exit Requirements) Determination 2020, enacted under subsection 45(2) of the Biosecurity Act 2015, was introduced to address the need for stringent biosecurity measures to prevent the spread of human coronavirus with pandemic potential. This determination was made by the relevant authority under the Biosecurity Act 2015 and aims to safeguard Australia and its neighbouring Pacific nations by requiring screening of individuals departing from major Australian airports to specified Pacific island countries. The policy objective is to ensure that individuals leaving Australia are not carriers of the human coronavirus with pandemic potential, thus protecting public health both in Australia and the destination countries. The determination applies to individuals departing from specific Australian airports to listed Pacific nations and mandates that they undergo screening by a biosecurity officer to determine if they may have been infected with the virus.

Scope and Application

The Biosecurity (Exit Requirements) Determination 2020 applies to individuals departing Australian territory via aircraft to certain specified countries, including the Cook Islands, Fiji, Nauru, New Caledonia, Papua New Guinea, Samoa, Solomon Islands, Timor-Leste, Tonga, and Vanuatu, with flights originating from designated airports such as Brisbane, Cairns, Darwin, Gold Coast, Melbourne, and Sydney. The primary focus of this determination is the screening of passengers to detect potential infection with human coronavirus with pandemic potential. This screening must be conducted by a biosecurity officer or a human biosecurity officer either through equipment or by questioning. Non-compliance with these screening requirements may lead to civil penalty provisions under the Biosecurity Act 2015. This determination's scope is confined to the specific jurisdictions and circumstances outlined, without broader application to other industries or conduct outside these parameters.

Key Provisions

The Biosecurity (Exit Requirements) Determination 2020, made under subsection 45(2) of the Biosecurity Act 2015, outlines specific requirements for individuals leaving Australian territory on an aircraft bound for certain Pacific island countries. Section 4 of the Determination applies to individuals departing from specific Australian airports to destinations including the Cook Islands, Fiji, Nauru, New Caledonia, Papua New Guinea, Samoa, Solomon Islands, Timor-Leste, Tonga, and Vanuatu. The key requirement under this section is that individuals must undergo screening by a biosecurity officer or a human biosecurity officer to determine if they may be, or may have been, infected with human coronavirus with pandemic potential. This screening can be conducted using equipment or by requiring the individual to answer questions or provide information in writing. The Determination imposes obligations on individuals travelling under these conditions to comply with the screening requirements. Failure to comply with the screening process may result in a contravention of a civil penalty provision, as referenced in section 46 of the Biosecurity Act 2015. The screening is mandatory at specified Australian airports, including Brisbane, Cairns, Darwin, Gold Coast, Melbourne, and Sydney International Airports. This ensures that any potential threat of pandemic-related human coronavirus is identified and managed before individuals leave Australian territory. The Determination does not explicitly state the penalties for non-compliance with the screening requirements but indicates that non-compliance may lead to civil penalties under the Biosecurity Act 2015. Such penalties could include fines or other civil sanctions as prescribed by the Act. The Act, in general, provides for significant penalties for breaches of biosecurity laws, which could include substantial fines and, in serious cases, imprisonment. The precise penalties would depend on the specific provisions of the Biosecurity Act 2015 and any applicable regulations or determinations.

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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.