Biosecurity (Emergency Requirements—High Risk Country Travel Pause) Determination (No. 2) 2021

made under subsection 477(1) of the

Biosecurity Act 2015

Compilation No. 1

Compilation date: 6 December 2021

Includes amendments up to: F2021L01718

Registered: 10 December 2021

About this compilation

This compilation

This is a compilation of the Biosecurity (Emergency Requirements—High Risk Country Travel Pause) Determination (No. 2) 2021 that shows the text of the law as amended and in force on 6 December 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

5 Repeal

Part 2—Requirements

6 Requirement not to enter Australian territory

7 Exemptions

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Biosecurity (Emergency Requirements—High Risk Country Travel Pause) Determination (No. 2) 2021.

3  Authority

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

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Australian territory;

(b) de facto partner;

(c) landing place;

(d) passenger.

  In this instrument:

Act means the Biosecurity Act 2015.

Australian Defence Force has the same meaning as in the Defence Act 1903.

immediate family member, of a person, means:

 (a) a spouse or de facto partner of the person; or

 (b) a dependent child of the person; or

 (c) a parent of the person; or

 (d) a parent or legal guardian of a dependent child of the person.

Omicron high risk country means any of the following:

 (a) Botswana;

 (b) Eswatini;

 (c) Lesotho;

 (d) Malawi;

 (e) Mozambique;

 (f) Namibia;

 (h) South Africa;

 (i) Zimbabwe.

relevant international flight means a flight:

 (a) that commences outside Australian territory and is intended to arrive at a landing place in Australian territory; and

 (b) for which the scheduled departure time is at or after:

 (i) if this instrument commences before 12.01 am on 28 November 2021 in the place where the flight commences—12.01 am on 28 November 2021 in the place where the flight commences; or

 (ii) if this instrument does not commence before 12.01 am on 28 November 2021 in the place where the flight commences—12.01 am on 29 November 2021 in the place where the flight commences; and

 (c) that is not an Australian Government facilitated flight; and

 (d) that is not an emergency medical evacuation flight.

5  Repeal

  This instrument is repealed at the start of 12 December 2021.

Part 2—Requirements

6  Requirement not to enter Australian territory

  A person who is a passenger of an aircraft on a relevant international flight must not enter Australian territory at a landing place if the person had been in an Omicron high risk country within 14 days before the day the flight was scheduled to commence, unless an exemption set out in section 7 applies to the person.

Note: A person who fails to comply with a requirement that applies to the person under this instrument may commit an offence (see section 479 of the Act). For generally available defences to offences, see Part 2.3 of the Criminal Code.

7  Exemptions

  An exemption from the requirement in section 6 applies to the following persons:

 (a) a person who is an Australian citizen or permanent resident;

 (b) a person who is an immediate family member of a person mentioned in paragraph (a);

 (c) a member of the crew of an aircraft or vessel;

 (d) a worker associated with the safety or maintenance of an aircraft or vessel;

 (e) a person engaged in the day‑to‑day conduct of inbound and outbound freight;

 (f) a person (including a member (within the meaning of the Defence Act 1903) of the Australian Defence Force) who is travelling on official government business on an Australian official or diplomatic passport;

 (g) a person who is an immediate family member of a person mentioned in paragraph (f);

 (h) a diplomatic, consular or other foreign official accredited to Australia;

 (i) a person:

 (i) who is an immediate family member of a person mentioned in paragraph (h); and

 (ii) who holds a Subclass 995 (Diplomatic (Temporary)) visa;

 (j) a member of an Australian Medical Assistance Team (AUSMAT).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history