EXPLANATORY STATEMENT
Biosecurity Act 2015
Biosecurity (Human Health Response Zone) (Centre for National Resilience Perth) Determination 2026
Subsection 113(1) of the Biosecurity Act 2015 (the Act) provides that the Director of Human Biosecurity may determine that a specified area within a State or Territory is a human health response zone (zone) if satisfied that it is necessary to do so for the purposes of preventing, or reducing the risk of, a listed human disease emerging, establishing itself or spreading in Australian territory or a part of Australian territory.
In determining a zone, the Director of Human Biosecurity may determine requirements for individuals entering or leaving the zone.
The purpose of the Biosecurity (Human Health Response Zone) (Centre for National Resilience Perth) Determination 2026 (the Determination) is to determine the Centre for National Resilience Perth, Gallagher Road, Bullsbrook, Western Australia as a zone, and determine requirements for individuals who are entering or leaving this zone.
As required by subsections 113(3) and (4) of the Act, the Director of Human Biosecurity is satisfied that the determination of the zone, and the requirements for individuals who are entering or leaving the zone, are (respectively) necessary, and appropriate and adapted to prevent or reduce the risk of the listed human disease ‘Andes virus infection’ emerging, establishing itself or spreading in Australian territory.
On 3 May 2026, the World Health Organization (WHO) notified Member States under the International Health Regulations (2005) (IHR) of a Hantavirus-associated cluster linked to cruise ship MV Hondius. As of 13 May, a total of eleven cases, including three deaths (case fatality ratio 27%), have been reported. Eight cases have been laboratory-confirmed as hantavirus infections, with all identified as Andes virus.
Andes virus infection can cause rapid, severe respiratory distress and cardiogenic shock. Andes virus is the only type of hantavirus that is known to spread person-to-person. The Director‑General of the Australian Centre for Disease Control (CDC) has determined ‘Andes virus infection’ to be a ‘listed human disease’ under the Act, with effect from 12 May 2026.
Six passengers who have disembarked from MV Hondius (four Australian citizens, one Australian permanent resident and one New Zealand citizen) will be returning from Tenerife, Canary Islands. They are expected to arrive at RAAF Base Pearce 8:50am (AWST) on 15 May 2026. On arrival they will be transported to Centre for National Resilience Perth, Gallagher Road, Bullsbrook, Western Australia.
It is possible that the individuals being repatriated will be infectious but asymptomatic while on the incoming flight, or may develop symptoms on or shortly after arrival in Australian territory. The Australian Health Protection Committee has recommended that these passengers quarantine for three weeks at the Centre for National Resilience Perth, Gallagher Road, Bullsbrook, Western Australia. This recommendation is based on guidance from the Communicable Diseases Network of Australia and the CDC.
To ensure that the Australian public is protected from the increased risk posed by the re-entry of these individuals, the Director of Human Biosecurity is satisfied it is necessary that their isolation be supported by the determination of a zone, with appropriate entry and exit requirements. This means that in addition to the repatriated passengers, only persons whose presence is operationally necessary and appropriate will be permitted entry to the Centre for National Resilience Perth.
In accordance with subsection 113(5) of the Act, the Determination does not specify as a requirement any biosecurity measure described in Subdivision B, Division 3, Part 3, Chapter 2 of the Act. In accordance with the Act, and clinical guidance, consideration will be given to human biosecurity control orders, such as isolation measures, if necessary and appropriate.
The Determination is in force until 24 June 2026 (six weeks). The additional time is to allow for potential delays, or to permit further isolation should any repatriated persons become symptomatic.
A person to whom a requirement applies under the Determination must comply with the requirement: civil penalty, 120 penalty units, section 116 of the Act.
Consultation
In accordance with section 114 of the Act, before making the determination the Director of Human Biosecurity consulted with the Chief Health Officer for the State of Western Australia, the Director of Biosecurity and the Director‑General of the CDC. This consultation was conducted in writing.
The Determination commences immediately after it is registered on the Federal Register of Legislation. In addition, and as required by subsection 115 of the Act, the Director of Human Biosecurity will ensure that the determination is made public by publication on the Department of Health website.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination: see section 113(7) of the Act. The reason for human health response zone determinations under s 113 not being subject to disallowance is explained in the Explanatory Memorandum for the Biosecurity Bill 2014:
Subjecting these determinations to disallowance could undermine the technically and scientifically based decision making process and frustrate risk management processes. In addition, disallowance of a determination made under this clause could lead to inadequate management of human biosecurity […].
A provision by provision description of the Determination is contained in the Attachment.
ATTACHMENT
Biosecurity (Human Health Response Zone) (Centre for National Resilience Perth) Determination 2026
- Name
Section 1 provides for the instrument to be referred to as the Biosecurity (Human Health Response Zone) (Centre for National Resilience Perth) Determination 2026.
- Commencement
Section 2 provides that the instrument commences immediately after it is registered.
- Authority
Section 3 provides that the instrument is made under subsection 113(1) of the Biosecurity Act 2015.
- Human health response zone
Section 4 provides that the Centre for National Resilience Perth, Gallagher Road, Bullsbrook, Western Australia is a human health response zone.
- Listed human disease to which this instrument relates
Section 5 provides that this instrument relates to Andes virus infection.
- Requirement that specified classes of individuals must not enter the zone
Section 6 provides that an individual, other than one listed in paragraph 6(a)-(i), must not enter the human health response zone.
- Requirement for certain individuals who are leaving the zone
Section 7 provides that an individual mentioned in paragraph 6(a) or (b) of the Determination who is leaving the zone must, before leaving the zone, communicate, or attempt to communicate, their intention to leave the zone to the person who has operational (but not clinical) control over the zone.
Section 7 does not apply to a child or incapable person, as it would not be appropriate to impose this requirement on a child or incapable person. Children and incapable persons in the zone will be under the care and supervision of an accompanying person (usually a parent) who would themselves be subject to the requirement to communicate, or attempt to communicate.
- Period during which the instrument is in force
Section 7 provides that this instrument is in force until 24 June 2026.