{"id":"F2016L01024","name":"Biosecurity (Managing Human Remains) Instrument 2016","slug":"biosecurity-managing-human-remains-instrument-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129326,"registerId":"commonwealth-F2016L01024-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Biosecurity (Managing Human Remains) Instrument 2016.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsections 110(2) and 112(1) of the Biosecurity Act 2015.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Australian territory;\n (b) human remains.\n In this instrument:\n\n> Act means the Biosecurity Act 2015.\n\n> hermetically‑sealed container means an airtight container that bodily fluids cannot leak from when sealed.\n\n> human biosecurity official has the same meaning as in the Biosecurity Regulation 2016.\n\n> medical practitioner means a person registered or licensed as a medical practitioner under an Australian or foreign law that provides for the registration or licensing of medical practitioners.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Human remains brought into Australian territory","content":"#### 5 Human remains brought into Australian territory\n\n (1) For subsection 110(2) of the Act, the following table specifies:\n (a) classes of human remains; and\n (b) requirements for:\n (i) bringing human remains into Australian territory; or\n (ii) managing human remains in those classes after bringing them into Australian territory.\n\n```html\n

Classes of human remains and requirements for bringing human remains into Australian territory and managing them

Item

Column 1

Classes of human remains

Column 2

Requirements

1

Deceased humans’ bodies or parts of deceased humans’ bodies intended to be buried or cremated

All of the following:

(a) either:

(i) the body or part of the body must be brought into Australian territory accompanied by an official copy of an official certificate in which the cause of death is specified, or by an official extract from an entry in an official register in which the cause of death is specified, or by a certificate from a medical practitioner in accordance with subsection (2), or (if applicable) by an official copy of an official embalming certificate; or

(ii) bringing the body or part of the body into Australian territory must be permitted under subsection (4);

(b) the body or part of the body must be brought into Australian territory in a hermetically‑sealed container;

(c) each person bringing the body or part of the body into Australian territory must follow infection control procedures during the transportation, including appropriate use of personal protective equipment;

(d) the body or part of the body must be transported from the first landing place or port in Australian territory where the body or part of the body is brought in a hermetically‑sealed container and under the direction or control of a coroner or a funeral director;

(e) each person handling the body or part of the body while it is in Australian territory must follow infection control procedures, including appropriate use of personal protective equipment

2

Deceased humans’ bodies or parts of deceased humans’ bodies intended to be used for scientific or research purposes

All of the following:

(a) either:

(i) the body or part of the body must be brought into Australian territory accompanied by a written declaration from the person bringing in the body or part of the body in accordance with subsection (3); or

(ii) bringing the body or part of the body into Australian territory must be permitted under subsection (4);

(b) the body or part of the body must be brought into Australian territory in a hermetically‑sealed container;

(c) each person bringing the body or part of the body into Australian territory must follow infection control procedures during the transportation, including appropriate use of personal protective equipment;

(d) each person handling the body or part of the body while it is in Australian territory must follow infection control procedures, including appropriate use of personal protective equipment;

(e) the body or part of the body must be stored in an appropriate containment facility while it is in Australian territory

3

Deceased humans’ bodies or parts of deceased humans’ bodies intended to be used for a purpose not covered by table item 1 or 2 (for example, for display or use as curios)

Permission to bring the body or part of the body into Australian territory must be given by a human biosecurity official:

(a) before the body or part of the body is brought into Australian territory; or

(b) at the first landing place or port in Australian territory where the body or part of the body is brought

\n```\n\n> Note 1: Human remains do not include the cremated remains of a deceased human’s body or hair, teeth or bones of a deceased human’s body that have been separated from the deceased human’s body or a part of the deceased human’s body (see the definition of human remains in section 9 of the Act). There are no requirements under the Act for bringing the cremated remains of a deceased human’s body into Australian territory or managing such remains after bringing them into Australian territory.\n\n> Note 2: Hair, teeth or bones of a deceased human’s body that have been separated from the deceased human’s body or a part of the deceased human’s body must not be brought or imported into Australian territory unless conditions specified in determinations made under subsection 174(1) of the Act are complied with.\n\n> Note 3: An individual may also be required to answer questions or provide written information in relation to human remains (see paragraph 56(1)(c) of the Act).\n\n> Note 4: A direction for managing specified human remains may also be given to a person responsible for the human remains (see section 111 of the Act).\n\n Requirements for certificate from medical practitioner\n (2) For subparagraph (a)(i) of column 2 of item 1 of the table in subsection (1), the certificate must state:\n (a) if the body or part of the body has, or had before death, signs or symptoms of a listed human disease—that fact and the listed human disease; or\n (b) that the body or part of the body does not have, or did not before death have, signs or symptoms of a listed human disease.\n Requirements for declaration from person bringing in body or part of body\n (3) For subparagraph (a)(i) of column 2 of item 2 of the table in subsection (1), the declaration must state:\n (a) that the body or part of the body has been donated for scientific or research purposes; and\n (b) either:\n (i) if the person is aware that the body or part of the body has, or had before death, signs or symptoms of a listed human disease—that fact and the listed human disease; or\n (ii) that, as far as the person is aware, the body or part of the body does not have, or did not before death have, any signs or symptoms of a listed human disease.\n Permission to bring body or part of body into Australian territory\n (4) Bringing a body or part of a body (including hair, teeth and bones) into Australian territory is permitted under this subsection if:\n (a) permission to bring the body or part of the body into Australian territory is given by a human biosecurity official before the body or part of the body is brought into Australian territory; or\n (b) permission to bring the body or part of the body into Australian territory is given by a human biosecurity official at the first landing place or port in Australian territory where the body or part of the body is brought; or\n (c) both of the following:\n (i) permission (the interim permission) is given by a biosecurity officer, at the first landing place or port in Australian territory where the body or part of the body is brought, for the body or part of the body to be transported from that landing place or port to an appropriate place under the control of an appropriate person;\n (ii) within 24 hours after the interim permission is given, permission to bring the body or part of the body into Australian territory is given by a human biosecurity official.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Individuals who have died in transit or on arrival","content":"#### 6 Individuals who have died in transit or on arrival\n\n For subsection 112(1) of the Act, the following table specifies requirements for classes of persons who bring into Australian territory, or who manage, the bodies of deceased individuals who die:\n (a) in transit before arriving in Australian territory; or\n (b) on arrival in Australian territory.\n\n```html\n

Requirements for individuals who have died in transit or on arrival

Item

Column 1

Classes of persons

Column 2

Requirements

1

Biosecurity officers

The biosecurity officer must:

(a) identify any risk of a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body of a deceased individual being brought into Australian territory; and

(b) inform a human biosecurity official of any identified risk of a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body being brought into Australian territory; and

(c) follow infection control procedures, including appropriate use of personal protective equipment; and

(d) take any other measures a human biosecurity official is satisfied are appropriate to prevent, or reduce the risk of, a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body being brought into Australian territory

2

Persons other than biosecurity officers

The person must:

(a) identify any risk of a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body of a deceased individual being brought into Australian territory; and

(b) follow infection control procedures, including appropriate use of personal protective equipment; and

(c) take any other measures a human biosecurity official is satisfied are appropriate to prevent, or reduce the risk of, a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory as a result of the body being brought into Australian territory

\n```\n\n> Note 1: An individual may also be required to answer questions or provide written information in relation to an individual who has died in transit before arriving, or on arrival, in Australian territory (see paragraph 56(1)(c) of the Act).\n\n> Note 2: A direction for managing specified human remains may also be given to a person responsible for the human remains (see section 111 of the Act).\n\n> Note 3: An operator of an aircraft or vessel may also be required to give a report providing details of any individuals on board who have died during the flight or voyage (see Part 1 of Chapter 3 of the Biosecurity Regulation 2016).","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of managing biosecurity risks associated with human remains. It covers the three main scenarios anticipated when it was made: pre-planned importation for burial/cremation, scientific importation, and unexpected deaths in transit. The scope has not expanded beyond these core biosecurity management functions."},"complexity_factors":["Multiple nested 'either/or' conditions in table items (e.g., item 1 requires either documentation OR permission under subsection 4)","Cross-references to external instruments including the Biosecurity Act 2015, Biosecurity Regulation 2016, and determinations under section 174(1)","Three distinct permission pathways in subsection 5(4) with a 24-hour time limit for interim permissions","Dual classification system (by intended purpose in section 5, by handler type in section 6) creating overlapping obligations","Defined terms rely on external definitions ('human biosecurity official' references another regulation)","Four explanatory notes per section creating contextual complexity about related but excluded matters"],"plain_english_summary":"This law sets rules for importing human remains and body parts into Australia — covering burials/cremations, scientific donations, museum displays and deaths during travel — and requires secure containment, infection controls, paperwork and biosecurity oversight. It affects funeral directors, coroners, researchers, carriers and biosecurity officers. The aim is to protect public health by preventing the spread of serious infectious diseases while respecting the deceased."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument implements and specifies procedural requirements under subsections 110(2) and 112(1) of the Biosecurity Act 2015 by defining classes of human remains, documentation, handling and permission processes. It does not itself expand or reduce the Act's statutory scope but operationalises how remains are brought in and managed (see ss3–6)."},"complexity_factors":["Multiple classes of remains with different documentary and handling requirements (s5 item 1–3)","Cross‑references to the Biosecurity Act 2015 and Biosecurity Regulation 2016 for defined terms and broader powers (ss3,4 notes)","Discretionary permissions and staged permissions (human biosecurity official vs interim biosecurity officer permission with 24‑hour follow up) (s5(4))","Operational compliance obligations: hermetically‑sealed containers, infection control and PPE, containment storage and coronial/funeral director control of transport (s5)","Duties split among actors: importers, biosecurity officers, human biosecurity officials, coroners and funeral directors (s5, s6)","Specified reporting and information requirements (certificates, medical practitioner certificates, declarations) with factual content about listed human diseases (s5(2)–(3))","Implementation risk from reliance on officials' judgement and interagency coordination at ports and first landing places (s5(4), s6)"],"plain_english_summary":"This instrument sets rules for bringing human remains into Australian territory and for managing them on arrival. It groups remains by purpose (burial/cremation, research, other) and requires documentation, hermetically‑sealed containers, infection‑control measures and storage or permissions in specified cases (see s5). It affects anyone importing or handling remains: importers bear the costs and compliance duties (certificates, sealed packing, PPE), biosecurity officers must assess and act on disease risks, and human biosecurity officials decide and grant permissions (see ss5–6)."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-managing-human-remains-instrument-2016","history":"/api/acts/biosecurity-managing-human-remains-instrument-2016/history","analysis":"/api/acts/biosecurity-managing-human-remains-instrument-2016/analysis","conflicts":"/api/acts/biosecurity-managing-human-remains-instrument-2016/conflicts","importantCases":"/api/acts/biosecurity-managing-human-remains-instrument-2016/important-cases","documents":"/api/acts/biosecurity-managing-human-remains-instrument-2016/documents"}}