Biosecurity (Human Health Response Zone) (Royal Australian Air Force Base Learmonth) Determination 2020

Administered by Department of Health, Disability and Ageing

Legislation au F2020L00086 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Biosecurity Act 2015

 

Biosecurity (Human Health Response Zone) (Royal Australian Air Force Base Learmonth) 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) (Royal Australian Air Force Base Learmonth) Determination 2020 (the Determination) is to determine the Royal Australian Air Force Base Learmonth (RAAF Base Learmonth) in Western Australia 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 Australia.

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 Immigration Detention Centre (North West Point IDC), also a human health response zone, on Christmas Island 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.

 

It is necessary for individuals travelling to Christmas Island to change airplanes in transit at the RAAF Base Learmonth in order to land at the Christmas Island airport.

 

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.

 

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).

 

The Determination is in force for 3 months beginning on the day that it is registered. It is proposed that it will be repealed after the individuals have transited to Christmas Island and the zone is no longer required.

 

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 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) (Royal Australian Air Force Base Learmonth) Determination 2020

 

1                     Name

Section 1 provides for the instrument to be referred to as the Biosecurity (Human Health Response Zone) (Royal Australian Air Force Base Learmonth) Determination 2020.

 

2                     Commencement

Section 2 provides that the instrument commences on the day that is it 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 Royal Australian Air Force Base Learmonth 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) (Royal Australian Air Force Base Learmonth) Determination 2020, enacted under the Biosecurity Act 2015, was introduced to address the urgent biosecurity risk posed by the novel coronavirus outbreak, first reported in Wuhan, China, on 31 December 2019. The determination aims to prevent or reduce the risk of the listed human disease, specifically the human coronavirus with pandemic potential, from emerging, establishing itself, or spreading in Australia. This was necessitated by the significant public health risk due to the potential for human-to-human transmission, the severity of illness, and the widespread geographical distribution of cases. The Director of Human Biosecurity made this determination after consulting with relevant health officers, biosecurity experts, and various government agencies to ensure the biosecurity measures were necessary and appropriate. The policy objective of the Determination is to establish the Royal Australian Air Force Base Learmonth in Western Australia as a human health response zone, thereby controlling entry into the zone to mitigate biosecurity risks. The determination, which commenced on 3 February 2020, is in force for three months and is proposed to be repealed once the biosecurity risk no longer exists. The Determination ensures that individuals, other than those specifically listed, must not enter the zone, with non-compliance resulting in a civil penalty of 30 penalty units under the Act. This legislative measure was enacted swiftly to address the emerging public health threat and prevent the spread of the pandemic potential coronavirus within Australia.

Scope and Application

The Biosecurity (Human Health Response Zone) (Royal Australian Air Force Base Learmonth) Determination 2020, made under the Biosecurity Act 2015, designates the Royal Australian Air Force Base Learmonth in Western Australia as a human health response zone. This designation is in response to the risk posed by the novel coronavirus with pandemic potential, first reported in Wuhan, China, on 31 December 2019. The Determination aims to control entry into the zone to prevent or reduce the risk of the listed human disease, the novel coronavirus with pandemic potential, from emerging, establishing itself, or spreading within Australian territory. The Director of Human Biosecurity is satisfied that the determination of this zone, along with the associated entry requirements, is both necessary and appropriate to mitigate the public health risk. The Determination applies to individuals entering the specified zone, except for those listed in paragraphs 6(a)-(d) of the Determination. The Determination is in force for three months from the day it is registered, with provisions for retrospective application where necessary. The Director of Human Biosecurity is required to make the Determination public as mandated by the Act, and the instrument is a legislative instrument under the Legislative Instruments Act 2003, though it is exempt from disallowance under section 42 of the Legislation Act 2003.

Key Provisions

The Biosecurity (Human Health Response Zone) (Royal Australian Air Force Base Learmonth) Determination 2020 (the Determination) under the Biosecurity Act 2015 (the Act) designates the Royal Australian Air Force Base Learmonth (RAAF Base Learmonth) in Western Australia as a human health response zone (section 4). This zone is intended to control entry into the area to prevent or reduce the risk of the listed human disease, specifically ‘human coronavirus with pandemic potential’ (section 5). The primary objective of this determination is to address the significant public health risk posed by the potential for human-to-human transmission of the novel coronavirus, first reported in Wuhan city, Hubei Province, China on 31 December 2019. The Determination imposes obligations on individuals and entities entering or attempting to enter the RAAF Base Learmonth. Under section 6, individuals who are not listed in paragraphs 6(a)-(d) must not enter the human health response zone. This restriction is in place to limit the potential spread of the disease within Australia. The Director of Human Biosecurity is required to ensure that the determination is made public, as mandated by the Act (section 114). This transparency is crucial for informing individuals and entities about the restrictions and requirements associated with the zone. The Act also outlines the consequences for non-compliance with the Determination. A person whom a requirement applies under the determination must comply with the requirement, or face a civil penalty of 30 penalty units (section 116 of the Act). The Determination is in force for three months beginning on the day that it is registered, with provisions to ensure it is repealed once the individuals have transited to Christmas Island and the zone is no longer necessary. The Determination was registered on 3 February 2020 and commenced at the start of 3 February 2020, ensuring that it was in place when individuals arrived from Wuhan. The retrospective nature of the Determination, prior to registration, means that it does not apply to any person to the extent that their rights would be affected so as to disadvantage them, or liabilities would be imposed for actions taken before the instrument was registered (subsections 12(1A) and (2) of the Legislation Act 2003).

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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.