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Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements for Remote Communities) Amendment (No. 1) Determination 2020

I, Greg Hunt, Minister for Health, make the following determination.

Dated 7 April 2020

Greg Hunt

Minister for Health

 

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements for Remote Communities) Determination 2020

1  Name

  This instrument is the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements for Remote Communities) Amendment (No. 1) Determination 2020.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

8 April 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under subsection 477(1) of the Biosecurity Act 2015.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

 

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements for Remote Communities) Determination 2020

1  Subsection 4(1)

Insert:

commercial primary production means:

 (a) commercial primary production of:

 (i) food; or

 (ii) products that, with further processing, will become (at least in part) food; or

 (b) commercial processing of primary products to make food from them; or

 (c) provision of veterinary services for animals kept, used or bred for commercial primary production described in paragraph (a); or

 (d) aquaculture; or

 (e) agribusiness.

2  Subsection 4(1) (paragraph (e) of the definition of essential activity)

Omit “or repairing”, substitute “, repairing or replacing”.

3  Subsection 4(1) (subparagraph (e)(i) of the definition of essential activity)

Omit “or telecommunications services”, substitute “, telecommunications services or broadcasting services”.

4  Subsection 4(1) (at the end of the definition of essential activity)

Add:

 ; (k) carrying out commercial primary production in the area in a manner that is agreed with a human biosecurity officer so as to minimise the extent to which other persons in the area are exposed to the persons carrying out the production.

5  After paragraph 5(1)(b)

Insert:

 (ba) the person is one of the following officials, and is entering the area in the course of the person’s duty as such an official:

 (i) the Director of Human Biosecurity;

 (ii) a chief human biosecurity officer for a State or Territory;

 (iii) a human biosecurity officer;

 (iv) a biosecurity official;

 (v) an official performing functions under an Australian law relating to public health or biosecurity; or

 (bb) because of an amendment of the description of the area in Schedule 1, the person ceases to remain outside the area on the commencement of the amendment; or

6  Subsection 5(3)

Repeal the subsection, substitute:

Person is entering area to engage in, or provide transport for, essential activity

 (3) This subsection applies to a person entering a designated area if:

 (a) the person either:

 (i) is entering the area primarily to engage in an essential activity in the area that requires the person to be in the area; or

 (ii) is the person in charge of, or a member of the crew of, a conveyance entering the area primarily to transport one or more persons described in subparagraph (i); and

 (b) either:

 (i) there is an urgent need for the person to engage in the essential activity in the area or to be in charge of, or a member of the crew of, the conveyance entering the area; or

 (ii) the person is entering the area primarily to engage in an essential activity in a manner that is agreed with a human biosecurity officer so as to minimise the extent to which other persons in the area are exposed to the person carrying out the activity.

7  After paragraph 6(1)(b)

Insert:

 (ba) paragraph 5(1)(ba) (about officials with duties relating to public health or biosecurity); or

8  At the end of subclause 4(1) of Schedule 1

Add “or is excluded by subclause (4)”.

9  At the end of subclause 4(3) of Schedule 1

Add:

 ; and (c) the area known as the Town of Yulara unincorporated area, as described in the Northern Territory Government Gazette No. 34, published on 20 August 1976.

10  At the end of clause 4 of Schedule 1

Add:

 (4) This subclause excludes the area consisting of:

 (a) the area within the boundary of the Town of Mataranka described in Gazette No. 48 published on 24 May 1928; and

 (b) the following parts of NT Portion 2255:

 (i) the part between NT Portion 7018 and the Town of Mataranka;

 (ii) the part south of the Town of Mataranka;

 (iii) the part south of NT Portion 3859; and

 (c) NT Portions 907, 0922, 1435, 2631, 2646, 2927, 3337, 3652, 3653, 3670, 3671, 3858, 3859, 4092, 4706, 5622, 6233, 6245 , 6266, 6280, 6282, 6283, 6402, 7018, 7028, 7029, 7030, 7031, 7032, 7084, 7085, 7201, 7202, 7203 and 7204.

11  Clause 1 of Schedule 2 (after table item 3)

Insert:

3A

A designated area in Western Australia

A police officer who is of the rank of superintendent or above

12  Clause 1 of Schedule 2 (after table item 4)

Insert:

4A

A designated area in the Northern Territory

The chief human biosecurity officer for the Northern Territory

4B

A designated area in the Northern Territory

A human biosecurity officer who is an employee of the State or Territory body responsible for the administration of health services in the Northern Territory