Biosecurity (Human Coronavirus with Pandemic Potential) (Preventative Biosecurity Measures—Incoming International Flights) Determination 2021

Biosecurity (Human Coronavirus with Pandemic Potential) (Preventative Biosecurity Measures—Incoming International Flights) Determination 2021

made under section 51(2) of the

Biosecurity Act 2015

Compilation No. 1

Compilation date: 28 October 2021

Includes amendments up to: F2021L01462

Registered: 17 November 2021

About this compilation

This compilation

This is a compilation of the Biosecurity (Human Coronavirus with Pandemic Potential) (Preventative Biosecurity Measures—Incoming International Flights) Determination 2021 that shows the text of the law as amended and in force on 28 October 2021 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

4 Definitions

5 Listed human disease to which this instrument relates

6 Behaviours or practices to be prevented

7 Period during which this instrument is in force

Part 2—Biosecurity measures to be taken by specified classes of persons

8 Behaviour or practice by passengers and crew—wearing face masks or face coverings

9 Behaviour or practice by passengers—providing evidence of negative tests

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 (Human Coronavirus with Pandemic Potential) (Preventative Biosecurity Measures—Incoming International Flights) Determination 2021.

3  Authority

  This instrument is made under subsection 51(2) of the Biosecurity Act 2015.

4  Definitions

Note: The expression passenger used in this instrument is defined in the Act.

  In this instrument:

Act means the Biosecurity Act 2015.

connecting traveller has the same meaning as in the Emergency Requirements Determination.

Emergency Requirements Determination means the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Incoming International Flights) Determination 2021, as in force at the commencement of the Biosecurity Legislation Amendment (Incoming International Flights) Determination 2021.

relevant international flight has the same meaning as in the Emergency Requirements Determination.

relevant official has the same meaning as in the Emergency Requirements Determination.

suitable face mask or face covering has the same meaning as in the Emergency Requirements Determination.

5  Listed human disease to which this instrument relates

  This instrument relates to human coronavirus with pandemic potential.

Note: COVID‑19 is the name given by the World Health Organization to the disease.

6  Behaviours or practices to be prevented

  This instrument is made for the purposes of preventing the following behaviours or practices by persons entering Australian territory on flights that commence outside Australian territory:

 (a) undertaking a flight without wearing a face mask or face covering;

 (b) undertaking a flight despite not having tested negative for the coronavirus known as COVID‑19.

7  Period during which this instrument is in force

  This instrument is in force during the period:

 (a) beginning on the day this instrument commences; and

 (b) ending at the earlier of the following:

 (i) when the Emergency Requirements Determination ceases to have effect;

 (ii) the end of 1 year beginning on the day this instrument commences.

Part 2—Biosecurity measures to be taken by specified classes of persons

8  Behaviour or practice by passengers and crew—wearing face masks or face coverings

Passengers

 (1) Subject to subsection (5), a person who is a passenger of an aircraft on a relevant international flight must wear a suitable face mask or face covering at all times during the flight period mentioned in subsection (3) and, if the person is a connecting traveller, at all times during the connecting period mentioned in subsection (4) for the person when the person is in close proximity to other persons, other than as follows:

 (a) for the minimum time required to consume food, beverages or oral medication;

 (b) when the person is required by law to remove the face mask or face covering;

 (c) for a person assisting a person who is deaf or hearing‑impaired (the assisted person)—when communicating with the assisted person;

 (d) if, while the person is on an aircraft, the person in charge of the aircraft permits the removal of face masks and face coverings for a period for operational reasons—during that period;

 (e) if it is necessary to remove the face mask or face covering in an emergency (including a medical emergency) or to meet safety requirements.

Person in charge and members of crew

 (2) Subject to subsection (5), a person who is the person in charge, or a member of the crew, of an aircraft on a relevant international flight must wear a suitable face mask or face covering at all times during the flight period mentioned in subsection (3) and, if the person is a connecting traveller, at all times during the connecting period mentioned in subsection (4) for the person when the person is in close proximity to other persons, other than as follows:

 (a) for the minimum time required to consume food, beverages or oral medication;

 (b) when the person is required by law to remove the face mask or face covering;

 (c) when wearing the face mask or face covering would interfere with the carrying out of the person’s duties (for example when communicating with passengers, the person in charge or a member of the crew);

 (d) if, while the person is on an aircraft, the person in charge of the aircraft permits the removal of face masks and face coverings for a period for operational reasons—during that period;

 (e) if it is necessary to remove the face mask or face covering in an emergency (including a medical emergency) or to meet safety requirements.

Flight period

 (3) For the purposes of subsections (1) and (2), the flight period is the period that:

 (a) begins when the person boards the aircraft; and

 (b) ends when the person disembarks the aircraft.

Connecting period

 (4) For the purposes of subsections (1) and (2), the connecting period for a person who is a connecting traveller is the period that:

 (a) begins:

 (i) if the person boards the person’s connecting flight (or, if the person undertakes more than one connecting flight, the person’s first connecting flight) less than 72 hours before the scheduled departure time of the relevant international flight—when the person boards the connecting flight (or the first connecting flight); and

 (ii) if the person boards the person’s connecting flight (or, if the person undertakes more than one connecting flight, the person’s first connecting flight) 72 hours or more before the scheduled departure time of the relevant international flight—72 hours before the scheduled departure time of the relevant international flight; and

 (b) ends when the person boards the aircraft for the relevant international flight.

Persons to whom the requirements do not apply

 (5) The requirement in subsection (1) or (2) (as applicable) does not apply to a person if:

 (a) an exemption set out in section 7 of the Emergency Requirements Determination applies to the person; or

 (b) an exemption was granted to the person under section 8 of the Emergency Requirements Determination before the flight commences.

Note 1: A person who fails to comply with a biosecurity measure that applies to the person under this instrument may contravene a civil penalty provision (see section 52 of the Act). See also Part 6 of Chapter 9 of the Act in relation to civil penalties.

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

9  Behaviour or practice by passengers—providing evidence of negative tests

 (1) Subject to subsection (5), a person who is a passenger of an aircraft on a relevant international flight must provide sufficient evidence, in accordance with subsection (4), that in the period mentioned in subsection (2) or (3) (as applicable) the person was tested for the coronavirus known as COVID‑19 and that the result of the test was negative:

 (a) before the person boards the aircraft, if requested by a member of the aircraft operator’s staff; and

 (b) at the landing place, if requested by a relevant official.

 (2) For the purposes of subsection (1), the period for a person to whom an extension does not apply under section 12 of the Emergency Requirements Determination is:

 (a) for a person who is not a connecting traveller—the period of 3 days before the day the relevant international flight was scheduled to commence; and

 (b) for a person who is a connecting traveller—the period of 3 days before the day the person’s connecting flight (or, if the person undertook more than one connecting flight, the person’s first connecting flight) was scheduled to commence.

 (3) For the purposes of subsection (1), the period for a person to whom an extension applies under section 12 of the Emergency Requirements Determination is the period specified in the extension.

 (4) For the purposes of subsection (1), sufficient evidence means the result of:

 (a) a polymerase chain reaction test; or

 (b) a test approved under section 13 of the Emergency Requirements Determination for a country, if:

 (i) the person was in the country in the period mentioned in subsection (2) or (3) (as applicable); and

 (ii) the approval was in force at the beginning of that period.

 (5) The requirement in subsection (1) does not apply to a person if:

 (a) an exemption set out in section 14 of the Emergency Requirements Determination applies to the person; or

 (b) an exemption was granted to the person under section 15 of the Emergency Requirements Determination before the flight commences; or

 (c) an exemption that applies to the person was granted under section 16 of the Emergency Requirements Determination before the flight commences.

Note 1: A person who fails to comply with a biosecurity measure that applies to the person under this instrument may contravene a civil penalty provision (see section 52 of the Act). See also Part 6 of Chapter 9 of the Act in relation to civil penalties.

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

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

Endnote 3—Legislation history

Endnote 4—Amendment history