Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019

Administered by Department of Health, Disability and Ageing

Legislation au F2019L01109 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Biosecurity Act 2015

 

Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019

 

 

The Biosecurity Act 2015 (the Act) provides the main legislative and regulatory framework for the Australian Government’s management of the risk of pests and diseases entering Australian territory and causing harm to animal, plant and human health, the environment and the economy. The Act manages biosecurity risks – including the risk of listed human diseases – entering Australian territory, or emerging, establishing themselves, or spreading in Australian territory or a part of Australian territory. One way in which the Act does this is by providing for requirements to be imposed, by legislative instrument, in relation to human remains being brought into Australian territory.

 

The Biosecurity (Managing Human Remains) Instrument 2016 (the 2016 instrument), made under the Act, specifies classes of human remains and requirements for bringing them into Australian territory and managing them. 

 

Authority

 

Section 110 of the Act specifies that the Director of Human Biosecurity may specify in writing, classes of human remains and requirements for bringing the remains into Australian territory and managing the human remains after they are brought into Australian territory.

 

In addition to the power to make this instrument under section 110 of the Act, subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Purpose

 

The purpose of the instrument is to amend the requirements imposed in the 2016 instrument for importing human remains into Australia.

 

The instrument provides for an embalming certificate to be accepted documentation for the importation of remains for burial or cremation.

 

The instrument also removes requirements for the importation of hair, teeth and bones from a deceased human’s body, and notes that hair, teeth and bones are managed by determinations made under section 174(1) of the Act.

 

 

Consultation

 

During the development of the instrument, the Department of Health consulted with the Department of Agriculture regarding the operational considerations for implementing the amendments. No issues were raised during this consultation.

 

Commencement

 

This instrument commences the day after registration of the instrument.

 

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT

 

Details of the Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019

 

1 Name of Instrument

Section 1 states that the name of this amending instrument is the Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019.

 

2 Commencement

Section 2 states that these amendments commence on the day after the instrument is registered on the Federal Register of Legislation.

 

3 Authority

Section 3 states that the authority for the instrument is subsection 110(2) of the Biosecurity Act 2015.

 

4 Schedules 

Section 4 states that each instrument mentioned in the Schedule to the instrument is amended or repealed as set out in the Schedule.  

 

Schedule 1 Amendments

Schedule 1 contains six items, which make amendments to subsection 5(1) of the 2016 instrument and the notes to the subsection. Subsection 5 of the 2016 instrument specifies classes of human remains and requirements for bringing those classes of human remains into Australian territory and managing them.

 

Item 1 Subsection 5(1) (table item 1, column 2, subparagraph (a)(i))

Item 1 amends the requirements for deceased human bodies or parts of deceased human bodies being brought into Australian territory for the purposes of burial or cremation, so that a body or part of a body may be accompanied by an official copy of an official embalming certificate.

 

Item 2 Subsection 5(1) (table item 3)

Item 2 repeals existing table item 3, and replaces it with a new class of human remains, being deceased human bodies or parts of deceased human bodies intended to be used for a purpose not covered by table items 1 or 2 (for example, for display or use as curios),  and states the requirements for that class of remains.

 

Item 3 Subsection 5(1) (table item 4)

Item 3 repeals in its entirety existing table item 4, which relates to hair, teeth or bones of a deceased human’s body.

 

Item 4 Subsection 5(1) (note 1)

Item 4 substitutes the existing note with two new notes reflecting the amendments made to subsection 5, and referring to s 174(1) of the Act in relation to hair, teeth or bones of a deceased human body.

 

Item 5 Subsection 5(1) (note 2)

Item 5 replaces the title of the note to update its numbering.

 

Item 6 Subsection 5(1) (note 3)

Item 6 replaces the title of the note to update its numbering.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019 amends requirements for importing human remains into Australian territory.

 

Human rights implications

This legislative instrument engages and is consistent with Article 12(1) of the International Covenant on Economic, Social and Cultural Rights by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

 

This instrument provides the means of protecting public health in Australia through the prescription of requirements for importing human remains as part of human biosecurity measures adopted to manage the risk of listed human diseases entering Australian territory, or emerging, establishing themselves, or spreading in Australian territory or a part of Australian territory.

 

Conclusion

This legislative instrument is compatible with human rights because it promotes the human right to an adequate standard of living and the highest attainable standard of physical and mental health.

 

 

Professor Brendan Murphy

Director of Human Biosecurity

Chief Medical Officer

Department of Health

 

Overview

The Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019 was introduced to amend the existing requirements for the importation of human remains into Australia as specified in the Biosecurity (Managing Human Remains) Instrument 2016. This instrument, made under the Biosecurity Act 2015, aims to update and refine the regulatory framework governing the importation of human remains, particularly focusing on the acceptance of embalming certificates for burial or cremation purposes and the removal of specific requirements for hair, teeth, and bones. The Director of Human Biosecurity, under section 110 of the Act, has the authority to make this instrument, ensuring it aligns with the overarching policy objective of managing biosecurity risks associated with human remains. This legislative amendment reflects a commitment to maintaining public health and safety by adapting to operational considerations while ensuring compliance with international human rights standards.

Scope and Application

The Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019 amends the Biosecurity (Managing Human Remains) Instrument 2016, which sets out requirements for bringing human remains into Australian territory under the Biosecurity Act 2015. The amending instrument applies to all classes of human remains that are imported into Australia, including those intended for burial, cremation, or other purposes such as display or use as curios. This instrument is applicable nationally and is made under the authority of section 110 of the Biosecurity Act 2015, which empowers the Director of Human Biosecurity to specify requirements for the importation and management of human remains. The amendments remove certain requirements for the importation of hair, teeth and bones, which are instead managed under section 174(1) of the Act. The instrument comes into effect on the day after it is registered on the Federal Register of Legislation, and it includes a statement of compatibility with human rights, asserting its alignment with international human rights obligations. The instrument does not specify any exclusions or thresholds but provides for flexibility through subordinate instruments that may be used to further detail or modify the requirements as necessary.

Key Provisions

The Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019 amends the requirements for importing human remains into Australian territory under the Biosecurity Act 2015. Key provisions include the acceptance of an embalming certificate for deceased human bodies or parts intended for burial or cremation (Item 1) and the removal of requirements for the importation of hair, teeth, and bones from a deceased human’s body (Item 3). These changes aim to streamline the importation process while maintaining biosecurity measures to protect public health. The Act imposes obligations on those importing human remains to ensure compliance with the specified requirements. For instance, individuals or entities bringing deceased human bodies or parts into Australia must present an official embalming certificate if the remains are for burial or cremation (Item 1). Furthermore, the new class of human remains, which includes bodies or parts intended for purposes not covered by previous categories (e.g., display or use as curios), must adhere to the requirements outlined in the amended instrument (Item 2). The management of hair, teeth, and bones is now governed by determinations under section 174(1) of the Act (Item 4). Non-compliance with the provisions of the Biosecurity (Managing Human Remains) Amendment (Hair, Teeth and Bones) Instrument 2019 may result in various consequences. Offences and penalties are outlined in the Biosecurity Act 2015, which governs biosecurity risks and the importation of human remains. Violators may face civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties are specified within the broader framework of the Act, reflecting the importance of adhering to biosecurity regulations to protect public health and safety.

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Biosecurity Law
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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.