Biosecurity Repeal (Human Health Response Zones) Determination 2020

Overview

The Biosecurity Repeal (Human Health Response Zones) Determination 2020 was enacted to repeal the three human health response zones established under the Biosecurity Act 2015. These zones, created to temporarily quarantine individuals who were repatriated from Wuhan, China, and the Diamond Princess cruise ship, have completed their intended purpose as the repatriated individuals have finished their quarantine. The zones, comprising the Howard Springs Accommodation Village in the Northern Territory, the North West Point Immigration Detention Centre in Christmas Island, and the Royal Australian Air Force Base Learmonth in Western Australia, were established to prevent, or reduce the risk of, the COVID-19 emerging, establishing itself or spreading in Australian territory. The repeal of these zones was necessary as they are no longer required for this purpose. The repeal determination was made in accordance with section 113(1) of the Biosecurity Act 2015 and subsection 33(3) of the Acts Interpretation Act 1901, and was preceded by consultations with relevant health officers and departments as mandated by the Act.

Scope and Application

The Biosecurity Repeal (Human Health Response Zones) Determination 2020 applies to the three zones established under the Biosecurity Act 2015 for the purpose of quarantining individuals repatriated from Wuhan city, China, and the Diamond Princess cruise ship. These zones, which were located at Howard Springs Accommodation Village in the Northern Territory, North West Point Immigration Detention Centre in Christmas Island, and Royal Australian Air Force Base Learmonth in Western Australia, were created to prevent the spread of COVID-19 in Australia. Given that the individuals in question have completed their quarantine and are no longer in these zones, the determination has been made to repeal the zones. The repeal is effective from the day after the determination is registered on the Federal Register of Legislation, with the Director of Human Biosecurity also required to publicise the repeal on the Department of Health's website in compliance with the Act. The repealed zones were established within specific states and territories of Australia and were in force for three months, contingent upon their necessity for the purpose of preventing the spread of COVID-19. The repeal is in line with the Biosecurity Act 2015, which empowers the Director of Human Biosecurity to determine such zones. The repeal determination was made in consultation with relevant health officers, the Department of Home Affairs, the Administrator of Christmas Island, and the Department of Defence. It is noteworthy that the determination is a legislative instrument but is exempt from the disallowance provisions of the Legislation Act 2003.

Key Provisions

The Biosecurity Repeal (Human Health Response Zones) Determination 2020 operates under subsection 113(1) of the Biosecurity Act 2015, which allows the Director of Human Biosecurity to designate an area as a human health response zone if it is deemed necessary to prevent or reduce the risk of a listed human disease emerging, establishing itself, or spreading within Australian territory. This Determination specifically repeals the three zones established for temporary quarantine of individuals repatriated from Wuhan, China, and the Diamond Princess cruise ship. These zones, located at Howard Springs Accommodation Village in the Northern Territory, North West Point Immigration Detention Centre on Christmas Island, and Royal Australian Air Force Base Learmonth in Western Australia, were originally designated to manage the risk posed by COVID-19. With the completion of quarantine for the repatriated individuals, these zones are no longer necessary and have been repealed. The Act imposes certain obligations on the Director of Human Biosecurity, including the requirement to consult with relevant health officers, state and territory authorities, and other stakeholders before making or repealing a zone determination. In this case, consultations were held with the Chief Health Officers for the Northern Territory and Western Australia, the Director of Biosecurity, the Chief Health Officer for Western Australia, the Department of Home Affairs, the Administrator of Christmas Island, and the Department of Defence. These consultations ensure that the determination to repeal the zones is made with appropriate consideration of public health and biosecurity implications. Failure to comply with the provisions of the Biosecurity Act 2015 can result in various legal consequences. Under the Act, individuals or entities found to be in breach of the Act's requirements may face civil or criminal penalties. The maximum penalties for offences under the Act can include substantial fines and, in some cases, imprisonment. The specific penalties depend on the nature and severity of the offence, and are outlined in the relevant sections of the Biosecurity Act 2015. The repeal of the zones is a formal process that ensures the continued effectiveness of biosecurity measures while adapting to the changing circumstances of public health emergencies.