Biosecurity (Human Health Response Zone) (North West Point Immigration Detention Centre) Determination 2020

Administered by Department of Health, Disability and Ageing

Legislation au F2020L00087 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Biosecurity Act 2015

 

Biosecurity (Human Health Response Zone) (North West Point Immigration Detention Centre) Determination 2020

 

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 people entering the zone.

 

The purpose of the Biosecurity (Human Health Response Zone) (North West Point Immigration Detention Centre) Determination 2020 (the Determination) is to determine the North West Point Immigration Detention Centre (North West Point IDC) on Christmas Island as a zone, to control entry into the 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 entry requirements, are both necessary, and appropriate and adapted, to prevent or reduce the risk of the listed human disease ‘human coronavirus with pandemic potential’ emerging, establishing itself or spreading in Christmas Island, a part of Australian territory.

First reported in Wuhan city, Hubei Province, China on 31 December 2019, the novel coronavirus outbreak (2019-nCoV) poses a significant public health risk to Australia due to the potential for human to human transmission, severity of illness and wide spread geographical distribution of cases. Human coronaviruses with pandemic potential, such as 2019-nCoV, are serious and potentially fatal diseases in humans. Coronaviruses may cause severe pneumonia with acute respiratory distress syndrome and multi-organ failure, particularly in older people with a range of underlying conditions.

On 5 January 2020, the World Health Organization (WHO) notified Member States under the International Health Regulations (2005) (IHR) of an outbreak of pneumonia of unknown cause in Wuhan city, China. The cause of the outbreak has since been determined as a novel coronavirus. On 30 January 2020, the outbreak was declared by the WHO International Regulations Emergency Committee to constitute a Public Health Emergency of International Concern.

The North West Point IDC will temporarily house individuals who requested repatriation from Wuhan city, China in isolation supported by medical care and supervision. It is anticipated that 14 days after their arrival at North West Point IDC on Christmas Island, subject to medical clearances, it will be appropriate for the individuals to return to the Australian mainland, and then their homes.

 

As required by subsection 113(5) of the Act, the Determination does not specify as a requirement a biosecurity measure that may be included in a biosecurity control order applied to an individual. In accordance with the Act, and clinical guidance, consideration will be given to biosecurity control orders, such as further isolation, if necessary and appropriate.

 

The Determination is in force for 3 months beginning on the day this instrument is registered.

 

A person whom a requirement applies under the determination must comply with the requirement: civil penalty 30 penalty units (section 116 of the Act).

 

To ensure that the zone was in place when the individuals arrived from Wuhan, to address biosecurity risk, the instrument was registered on 3 February 2020 and commenced at the start of 3 February 2020 (ie moment past midnight). The determination was retrospective prior to registration, before individuals arrived from Wuhan.  For the period of time prior to registration the determination does not apply to any person (other than the Commonwealth or an authority of the Commonwealth) to the extent that as a result of that commencement the person’s rights would be affected so as to disadvantage that person, or liabilities would be imposed for anything done or omitted to be done before the instrument was registered (subsections 12(1A) and (2) of the Legislation Act 2003).

 

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 Western Australia (which covers Christmas Island) and the Director of Biosecurity.

In addition, the Australian Health Protection Principal Committee comprising of Chief Health Officers of each State and Territory in Australia, the Chair of Communicable Diseases Network Australia, and clinical experts across state and territory governments were consulted on 31 January 2020 in relation to the Determination.

Consultation also took place with Commonwealth, State and Christmas Island and Northern Territory government agencies, including the Departments of Foreign Affairs and Trade; Department of Agriculture, Water and Environment; Department of Home Affairs; Department of Defence; and the Australian Federal Police.

As required by subsection 115 of the Act, the Director of Human Biosecurity will ensure that the determination is made public.

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.

A provision by provision description of the Determination is contained in the Attachment. 


ATTACHMENT

 

Biosecurity (Human Health Response Zone) (North West Point Immigration Detention Centre) Determination 2020

 

1                     Name

Section 1 provides for the instrument to be referred to as the Biosecurity (Human Health Response Zone) (North West Point Immigration Detention Centre) Determination 2020.

 

2                     Commencement

Section 2 provides that the instrument commences on the day that it is registered.

 

3                     Authority

Section 3 provides that the instrument is made under subsection 113(1) of the Biosecurity Act 2015.

 

4                     Human health response zone

Section 4 provides that the North West Point Immigration Detention Centre in Christmas Island is a human health response zone.

 

5                     Listed human disease to which this instrument relates

Section 5 provides that this instrument relates to human coronavirus with pandemic potential.

 

6                     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)-(d), must not enter the human health response zone.

 

7                     Period during which the instrument is in force

Section 7 provides that this instrument is in force for 3 months beginning on the day that it commences.  

 

 

 

 

Overview

The Biosecurity (Human Health Response Zone) (North West Point Immigration Detention Centre) Determination 2020 was enacted to address the biosecurity risks posed by the outbreak of a novel coronavirus with pandemic potential, specifically the 2019-nCoV. The determination was made under the Biosecurity Act 2015 by the Director of Human Biosecurity, who was satisfied that the declaration of the North West Point Immigration Detention Centre on Christmas Island as a human health response zone, along with the associated entry requirements, was necessary and appropriate to prevent or reduce the risk of the disease spreading within Australian territory. The instrument was registered and came into effect on 3 February 2020, prior to the arrival of individuals repatriated from Wuhan, China. The determination applies for three months from its commencement and was made in consultation with relevant health and biosecurity authorities, as well as government agencies. The primary objective of this determination was to establish a controlled environment at the North West Point IDC to house individuals who were evacuated from Wuhan, China, in isolation to mitigate the risk of the disease spreading. The determination specifies entry requirements for the zone and ensures that it aligns with the provisions of the Biosecurity Act 2015. This legislative instrument does not specify biosecurity measures that may be included in biosecurity control orders, allowing for further isolation if deemed necessary and appropriate. The determination was made public as required by the Act, and it is a legislative instrument under the Legislative Instruments Act 2003, with the provision for disallowance under the Legislation Act 2003 not applying to it.

Scope and Application

The Biosecurity (Human Health Response Zone) (North West Point Immigration Detention Centre) Determination 2020 applies specifically to the North West Point Immigration Detention Centre on Christmas Island, designating it as a human health response zone under the Biosecurity Act 2015. The primary purpose of this determination is to manage and control entry into the zone to mitigate the risk of the listed human disease, specifically the 'human coronavirus with pandemic potential', emerging, establishing itself, or spreading within Christmas Island, which is part of Australian territory. The determination applies to individuals who are not part of the specified classes permitted entry, as outlined in the Determination. This includes those involved in providing necessary services and support within the detention centre. The Determination is in force for a period of three months from the day it commences and has a national jurisdictional reach within Australian territory. It does not specify a biosecurity measure that may be included in a biosecurity control order applied to an individual but allows for such orders to be considered if necessary and appropriate, in accordance with the Biosecurity Act 2015 and clinical guidance. The Determination does not apply to any person to the extent that it would disadvantage them or impose liabilities for actions taken before the instrument was registered.

Key Provisions

The Biosecurity (Human Health Response Zone) (North West Point Immigration Detention Centre) Determination 2020, made under subsection 113(1) of the Biosecurity Act 2015, designates the North West Point Immigration Detention Centre (North West Point IDC) on Christmas Island as a human health response zone. This designation is a response to the risk posed by the human coronavirus with pandemic potential, specifically in the context of individuals repatriated from Wuhan, China. The determination, effective from 3 February 2020 for a period of 3 months, aims to control entry into the zone to prevent the emergence, establishment, or spread of the listed human disease within Australian territory. Under this determination, specific entry requirements are imposed on individuals attempting to enter the North West Point IDC. The requirements restrict entry to the zone by individuals who are not listed in paragraphs 6(a) to 6(d) of the Determination. These individuals are expected to include those who have been repatriated from Wuhan, China, and are placed in the North West Point IDC for isolation and medical supervision. The measures are intended to mitigate the biosecurity risks associated with the potential importation of the novel coronavirus into Australian territory. The obligations under this Act include compliance with the specified entry requirements for the North West Point IDC. Any person to whom a requirement applies under the Determination must comply with that requirement. Failure to do so may result in a civil penalty of up to 30 penalty units, as stipulated in section 116 of the Biosecurity Act 2015. The Director of Human Biosecurity is required to ensure that the determination is made public, in accordance with subsection 115 of the Act. In the event of a breach of the requirements under this Determination, the Biosecurity Act 2015 stipulates that a person who fails to comply with a requirement applicable to them is liable to a civil penalty. The maximum penalty for such a breach is 30 penalty units, as outlined in section 116 of the Act. This penalty serves as a deterrent against non-compliance and underscores the seriousness with which the Act treats the prevention and control of listed human diseases within Australian territory.

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Public Health Law
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Commencement Provisions
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biosecurity control orders

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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.