Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020

Overview

The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 was enacted under section 475 of the Biosecurity Act 2015 by the Commonwealth Parliament to address the immediate need for a coordinated national response to the human coronavirus with pandemic potential, which had entered Australian territory and posed a severe and immediate threat to human health on a nationally significant scale. The problem this legislation sought to address was the urgent requirement to control and mitigate the spread of this infectious disease, which was fatal in some cases and for which there was no vaccine or antiviral treatment available at the time. The policy objective behind this legislation was to enable the rapid implementation of biosecurity measures to protect public health and safety, thereby helping to curb the spread of the virus and manage the associated risks. The Declaration was initially made on 18 March 2020 and has been subject to several variations to extend its period of force, reflecting the evolving nature of the pandemic and the ongoing need for biosecurity measures to address the threat. The most recent variation, the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Variation (Extension No. 4) Instrument 2021, extended the period during which the Declaration is in force until 17 April 2022. This legislative instrument underscores the Commonwealth Government's commitment to a coordinated and sustained national response to the human biosecurity emergency caused by the coronavirus with pandemic potential.

Scope and Application

The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 applies to human coronavirus with pandemic potential, which is identified as the disease COVID-19 caused by the virus Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2). This legislation is made under the Biosecurity Act 2015 and addresses a human biosecurity emergency that has entered Australian territory, is fatal in some cases, and poses a severe and immediate threat to human health on a nationally significant scale. The Act is in force from the date of its commencement, which was 12:25 pm (A.C.T.) on 18 March 2020, until the end of 17 April 2022. The geographic or jurisdictional reach of this Act is nationwide, applying across all states and territories in Australia. The Act extends its application through subordinate instruments, specifically variations and extensions that have been made to prolong the force of the declaration, each of which is registered and commenced on specified dates up until 12 February 2022. The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020, as amended, provides the legal framework for managing the public health response to the COVID-19 pandemic in Australia. It encompasses measures to control the spread of the virus, protect public health, and manage the associated risks. The Act does not specify any exclusions or exemptions but is subject to modification by other laws, which operate concurrently with the text as compiled. Editorial changes are permissible under the Legislation Act 2003, ensuring the compiled law's effect remains unchanged. Amendments to the Act are documented in the legislation history and amendment history endnotes, detailing the changes and their respective commencement dates.

Key Provisions

The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 (the 'Declaration') is made under section 475 of the Biosecurity Act 2015 (the 'Act') and declares a human biosecurity emergency in response to the human coronavirus with pandemic potential. The Declaration, which is in force from 18 March 2020 until 17 April 2022, addresses the severe and immediate threat posed by the virus, which is fatal in some cases, has entered Australian territory, and for which there was no vaccine or antiviral treatment immediately before the Declaration's commencement. The emergency is linked to the COVID-19 disease, caused by the Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2). The Declaration imposes obligations on individuals, businesses, and government agencies to comply with the measures and directions issued to address the human biosecurity emergency. This includes adhering to restrictions on movement, public gatherings, and international travel, as well as implementing biosecurity measures to prevent the spread of the virus. The Declaration also provides the Minister with the authority to issue directions to manage the emergency, such as ordering the closure of public places, imposing quarantine measures, and regulating the import and export of goods. Breaches of the Declaration or any directions issued under it may result in both civil and criminal consequences. Under section 477 of the Act, a person who contravenes the Declaration or a direction issued under it commits an offence and is liable to a penalty of up to 500 penalty units (approximately AUD 73,000) for an individual and up to 2,500 penalty units (approximately AUD 365,000) for a body corporate. Additionally, in certain circumstances, a court may impose a fine of up to 10,000 penalty units (approximately AUD 1.46 million) for an individual and up to 50,000 penalty units (approximately AUD 7.3 million) for a body corporate. The Act also provides for other civil and administrative penalties for breaches of its provisions. In summary, the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 establishes a human biosecurity emergency in response to the COVID-19 pandemic and imposes obligations on various parties to comply with measures and directions aimed at managing the emergency. Breaches of the Declaration or directions issued under it may result in significant civil and criminal penalties.