Biosecurity Repeal (Human Health Response Zone) (Swissotel Sydney) Determination 2020

Administered by Department of Health, Disability and Ageing

Legislation au F2020L00510 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Biosecurity Act 2015

 

Biosecurity Repeal (Human Health Response Zone) (Swissotel Sydney) 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.

 

The purpose of the Biosecurity Repeal (Human Health Response Zone) (Swissotel Sydney) Determination 2020 (the Determination) is to repeal the zone created for temporary isolation of individuals who returned to Australia by aircraft after having been passengers on the Norwegian Jewel cruise ship.  The individuals have completed their 14 day quarantine period, and are no longer in the zone. The zone is therefore no longer required by the Commonwealth for the purpose of preventing, or reducing the risk of ‘human coronavirus with pandemic potential’ (COVID-19), a listed human disease under the Act, emerging, establishing itself or spreading in Australian territory.

 

The Determination relies on subsection 33(3) of the Acts Interpretation Act 1901 which supports the use of subsection 113(1) of the Act for both the making and the repeal of a zone determination. The zone was in force for 3 months, on the basis that it would be repealed earlier if no longer necessary for its purpose.

 

The zone was:

  • Swissotel, 68 Market Street, Sydney in New South Wales, commenced 25 March 2020, Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020.

 

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 New South Wales, and with the Director of Biosecurity.

The Determination commences on the day 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, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the Determination.

 

 


Statement of Compatibility with Human Rights

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

Biosecurity Repeal (Human Health Response Zone) (Swissotel Sydney) Determination 2020

 

This 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 instrument

The Biosecurity Repeal (Human Health Response Zone) (Swissotel Sydney) Determination 2020 (the Determination) repeals the Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020.

The Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020 created a zone for the temporary isolation of individuals who returned to Australia by aircraft after having been passengers on the Norwegian Jewel cruise ship.

The individuals have completed their 14 day quarantine period, and are no longer in the zone. The zone is therefore no longer required by the Commonwealth for the purpose stated in subsection 113(1) of the Biosecurity Act 2015 (the Act) of preventing or reducing the risk of a listed human disease (‘human coronavirus with pandemic potential’ (COVID-19)) emerging, establishing itself or spreading in Australian territory.

Human rights implications

As the Determination operates only to repeal an existing legislative instrument, it does not engage any of the applicable rights or freedoms.

 

The Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020 engages Article 12 of the International Covenant on Civil and Political Rights (ICCPR), specifically, the right to freedom of movement. This determination operates to prevent individuals other than certain specified persons from entering the designated human health response zone while it is being used to temporarily house individuals returning to Australia.

 

The right to freedom of movement under Article 12 of the ICCPR relevantly includes the right to move freely within a country for those who are lawfully within the country. The right may be limited in certain circumstances, including where the limitation is justified on the grounds of public health. The limitation must be necessary and proportionate to protect the purpose for which it is imposed and should be as least intrusive as possible to achieve the desired result.

 

The Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020 is directed to the legitimate public health objective of restricting entry into a designated human health response zone while it is being used to temporarily house returning travellers in order to prevent or reduce the risk of COVID-19 further establishing itself or spreading in Australian territory.

 

The following requirements ensure that the power of the Director of Human Biosecurity (Director) to establish a human health response zone complies with Article 12 of the ICCPR by being a necessary and proportionate restriction of an individual’s freedom of movement:

  • the Director must be satisfied that the requirements are appropriate and adapted to prevent, or reduce the possibility of, the emergence, establishment or spread of a listed human disease (subclause 113(4));
  • the Director must also consult with the Chief Health Officer in the relevant state or territory prior to declaring the zone and the Director of Biosecurity (section 114);
  • the determination must be made public (subclause 115(1));
  • the determination may only be in place for three months (subparagraph 113(3)(c)); and
  • the Director must not set requirements in a zone that subject individuals to biosecurity measures that may be imposed under a human biosecurity control order (subclause 113(5)).

 

In making the Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020, the Director was satisfied that the determination of the zone, and the requirements for individuals entering or leaving the zone, were both necessary, and appropriate and adapted, to prevent or reduce the risk of COVID-19 emerging, establishing itself or spreading in Australian territory. The Director also consulted with the Chief Health Officer for the State of New South Wales and the Director of Biosecurity. All other relevant legislative requirements relating to human health response zone determinations were complied with.

Conclusion

The Determination is compatible with human rights because its operation is limited to repealing an existing legislative instrument and therefore it does not raise any human rights issues. Any limitations imposed on the right to freedom of movement under Article 12 of the ICCPR by the Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020 are also reasonable, necessary and proportionate.

 

 

Overview

The Biosecurity Repeal (Human Health Response Zone) (Swissotel Sydney) Determination 2020 is a legislative instrument enacted under the Biosecurity Act 2015, aiming to address the temporary isolation of individuals returning to Australia after being passengers on the Norwegian Jewel cruise ship. The original Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020 created a zone at the Swissotel in Sydney, New South Wales, to prevent the spread of COVID-19. With the completion of the 14-day quarantine period for these individuals, the zone is no longer necessary, prompting the repeal of the original determination. The enactment of this repeal is supported by subsection 33(3) of the Acts Interpretation Act 1901, facilitating both the creation and repeal of human health response zones under subsection 113(1) of the Biosecurity Act 2015. The repeal is a legislative instrument, exempt from the disallowance provisions under section 42 of the Legislation Act 2003. The Director of Human Biosecurity consulted with relevant authorities before making the Determination, ensuring compliance with the requirements set forth in the Biosecurity Act 2015.

Scope and Application

The Biosecurity Repeal (Human Health Response Zone) (Swissotel Sydney) Determination 2020 applies to the repeal of a previously established human health response zone at the Swissotel in Sydney, New South Wales. This repeal is due to the completion of the 14-day quarantine period for individuals who were passengers on the Norwegian Jewel cruise ship, who were initially isolated in this zone to prevent or reduce the risk of the spread of COVID-19. The determination is enacted under subsection 113(1) of the Biosecurity Act 2015, which empowers the Director of Human Biosecurity to designate such zones if necessary for public health purposes. The repeal is made pursuant to subsection 33(3) of the Acts Interpretation Act 1901, allowing for both the establishment and repeal of these zones. The repeal takes effect immediately after the Determination is registered on the Federal Register of Legislation, and the Director of Human Biosecurity is required to ensure its public announcement on the Department of Health website. The Determination does not apply to any other areas or circumstances outside the specific conditions and geographic location of the Swissotel in Sydney.

Key Provisions

The Biosecurity Repeal (Human Health Response Zone) (Swissotel Sydney) Determination 2020 (the Determination) primarily serves to repeal the earlier Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020. The repealed determination had established a human health response zone at the Swissotel in Sydney, New South Wales, for the temporary isolation of individuals who returned to Australia from the Norwegian Jewel cruise ship. These individuals have now completed their 14-day quarantine period, and the zone is no longer necessary to prevent or reduce the risk of COVID-19 spreading within Australian territory. This repeal is authorised under subsection 113(1) of the Biosecurity Act 2015, which allows the Director of Human Biosecurity to declare a human health response zone when necessary to prevent or reduce the risk of a listed human disease, including COVID-19, emerging, establishing itself, or spreading. In making the Determination, the Director of Human Biosecurity was required to consult with the Chief Health Officer for New South Wales and the Director of Biosecurity, as mandated by section 114 of the Act. Furthermore, the Determination must be made public by publication on the Department of Health website, as stipulated by subsection 115 of the Act. The repeal is effective from the day after it is registered on the Federal Register of Legislation. The Determination does not fall under section 42 (disallowance) of the Legislation Act 2003, meaning it does not require parliamentary disallowance. Entities governed by the Biosecurity Act 2015, particularly the Director of Human Biosecurity, have specific obligations. The Director must ensure that any determination to establish a human health response zone is strictly necessary and proportionate to prevent or reduce the risk of a listed human disease emerging or spreading. This involves being satisfied that the requirements are appropriate and adapted to the specific public health objective, consulting with relevant health officers, and ensuring that the determination is made public. The Director must also ensure that the zone determination does not impose biosecurity measures that could be covered under a human biosecurity control order. These requirements are designed to ensure that any restrictions on freedom of movement are justified, necessary, and proportionate to the public health objective. Breaches of the Biosecurity Act 2015 can result in various penalties and consequences. While the Determination itself does not introduce new offences, any actions taken under the repealed Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020 that violated the Act could have resulted in civil or criminal penalties. For instance, contravening a human health response zone could lead to fines and imprisonment under section 156 of the Act, with penalties varying based on the severity of the offence. Additionally, the Act provides for enforcement actions by authorised officers, including the power to issue infringement notices for minor breaches. The specific penalties for breaches would be determined by the courts based on the nature and circumstances of the offence.

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Environmental Law
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Determination
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Commencement Provisions
Reporting & Disclosure Obligations
Human Rights 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.