{"id":"F2016L01023","name":"Biosecurity (Negative Pratique) Instrument 2016","slug":"biosecurity-negative-pratique-instrument-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129325,"registerId":"commonwealth-F2016L01023-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 (Negative Pratique) Instrument 2016.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 49(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) incoming aircraft or vessel;\n (b) landing place;\n (c) listed human disease;\n (d) operator;\n (e) port.\n In this instrument:\n\n> Act means the Biosecurity Act 2015.\n\n> assessing officer means a biosecurity officer, chief human biosecurity officer or human biosecurity officer.\n\n> cruise vessel means a passenger vessel that is usually used to provide a service of sea transportation, being a service that:\n\n (a) is provided in return for a fee payable by persons using the service; and\n (b) is available to the general public.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity (Human Health) Regulation 2016.\n\n> pre‑arrival report, in relation to an aircraft or vessel, means a report given by the operator of the aircraft or vessel under section 193 of the Act.\n\n> Note: The information that must be included in a pre‑arrival report, and other requirements in relation to the report, are prescribed by Part 1 of Chapter 3 of the Biosecurity Regulation 2016.\n\n> prescribed disinsection measures, for an incoming aircraft, means the disinsection measures prescribed for the aircraft for the purposes of section 204A of the Act.\n\n> Note: See section 7 of the Biosecurity (Human Health) Regulation 2016.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Classes of incoming aircraft or vessels and requirements that must be complied with for pratique to be granted","content":"#### 5 Classes of incoming aircraft or vessels and requirements that must be complied with for pratique to be granted\n\n (1) The classes of incoming aircraft or vessels in relation to which pratique is to be granted by a biosecurity officer are specified in column 1 in the following table.\n\n> Note: Certain incoming aircraft and vessels are exempt from the pratique requirements in sections 48 and 49 of the Act (see section 6 of the Biosecurity (Human Health) Regulation 2016).\n\n (2) The requirements with which an incoming aircraft or vessel, in a class specified in an item in column 1 in the following table, must comply, for pratique to be granted by a biosecurity officer, are the requirements specified in column 2 of that item.\n\n```html\n

Classes of incoming aircraft or vessels and requirements that must be complied with for pratique to be granted

Item

Column 1
Classes of incoming aircraft or vessels

Column 2
Requirements that must be complied with

1

Aircraft in relation to which the prescribed disinsection measures were not taken, or will not have been taken, before the aircraft arrives at its first landing place in Australian territory (other than an aircraft in relation to which the prescribed disinsection measures are not required to be taken because of subsection 7(3) of the Biosecurity (Human Health) Regulation 2016)

The operator of the aircraft must, on arrival at the landing place, arrange for the prescribed disinsection measures for the aircraft to be carried out:

(a) in a manner, and at a time or within a period, approved by the Director of Human Biosecurity; and

(b) under the supervision of a biosecurity officer

2

Aircraft or vessels in relation to which:

(a) a pre‑arrival report was given in accordance with Part 1 of Chapter 3 of the Biosecurity Regulation 2016 that included details about an individual on board who:

(i) has, or had during the flight or voyage, signs or symptoms of a listed human disease; or

(ii) died during the flight or voyage; or

(b) additional or corrected information that was given under section 194 of the Act before the aircraft or vessel arrives at its first landing place or port in Australian territory included details about an individual on board who:

(i) has, or had during the flight or voyage, signs or symptoms of a listed human disease; or

(ii) died during the flight or voyage; or

(c) a biosecurity officer has, before the aircraft or vessel arrives at its first landing place or port in Australian territory, notified, or attempted to notify, the person in charge that the biosecurity officer is aware, or suspects, that an individual on board:

(i) has, or had during the flight or voyage, signs or symptoms of a listed human disease; or

(ii) has been exposed to a listed human disease; or

(iii) died during the flight or voyage

The operator of the aircraft or vessel must:

(a) satisfy an assessing officer that the level of human health risk associated with the aircraft or vessel is acceptable; and

(b) if requested, orally or in writing, by an assessing officer for the purpose of assessing or managing the level of human health risk associated with the aircraft or vessel:

(i) allow a thing mentioned in the request to be unloaded from or loaded onto the aircraft or vessel; or

(ii) allow an assessing officer, or another person mentioned in the request, to disembark from or embark onto the aircraft or vessel

3

Vessels that are:

(a) cruise vessels; or

(b) non‑commercial vessels; or

(c) vessels (other than non‑commercial vessels) in relation to which a pre‑arrival report was required to be given, but was not given, in accordance with Part 1 of Chapter 3 of the Biosecurity Regulation 2016

The operator of the vessel must:

(a) satisfy an assessing officer that the level of human health risk associated with the vessel is acceptable; and

(b) if requested, orally or in writing, by an assessing officer for the purpose of assessing or managing the level of human health risk associated with the vessel:

(i) allow a thing mentioned in the request to be unloaded from or loaded onto the vessel; or

(ii) allow an assessing officer, or another person mentioned in the request, to disembark from or embark onto the vessel

\n```\n\n> Note 1: A failure to give a pre‑arrival report in accordance with Part 1 of Chapter 3 of the Biosecurity Regulation 2016 may contravene subsection 193(4) of the Act.\n\n> Note 2: A failure to give additional or corrected information as required by subsection 194(1) of the Act may contravene subsection 194(2) of the Act.\n\n> Note 3: An effect of items 2 and 3 of the table is that the unloading or loading of a thing, or the disembarkation or embarkation of a person, in accordance with a request under paragraph (b) of column 2 of those items is authorised for the purpose of subsection 48(3) of the Act.","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","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 specifying pratique requirements for incoming aircraft and vessels. It does not expand beyond the health clearance framework established by section 49 of the Biosecurity Act 2015."},"complexity_factors":["Multiple cross-references to parent Act (Biosecurity Act 2015) and two separate regulations (Biosecurity Regulation 2016 and Biosecurity (Human Health) Regulation 2016)","Nested conditional logic in Item 2 of the table with three alternative triggering conditions (paragraphs a, b, c), each with two sub-conditions (i and ii), plus an additional sub-condition in paragraph c(iii)","Defined terms rely on external definitions ('non-commercial vessel' references another regulation)","Table-based structure creates parsing complexity with parallel obligations across three distinct classes of transport","Conditional exemptions referenced but not contained within instrument (subsection 7(3) of Human Health Regulation)","Notes create interpretive guidance that modifies practical effect without being operative provisions"],"plain_english_summary":"This law governs health clearance (\"pratique\") for aircraft and vessels entering Australia, affecting airlines, ship operators, cruise and private boats, and biosecurity officers. It requires proof of insect control or other health assurance and lets officers board or control cargo where there are illnesses, deaths, exposures, or reporting failures. It puts arriving craft on hold until deemed safe, preventing infectious diseases from entering Australian communities."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument operates under subsection 49(1) of the Biosecurity Act 2015 to specify classes of incoming aircraft and vessels and the conditions for granting pratique. It does not amend the Act or expand its statutory scope; instead it implements and clarifies procedural requirements within the existing statutory and regulatory framework, relying on definitions and exemptions set out in related regulations (see ss3–5 and accompanying notes)."},"complexity_factors":["Multiple cross‑references to the Biosecurity Act 2015 and two regulations (Biosecurity Regulation 2016; Biosecurity (Human Health) Regulation 2016) for definitions, exemptions and procedural requirements (see ss3–4 and notes).","Conditional, class‑based rules in a table (s5) that treat aircraft, cruise vessels, non‑commercial vessels and vessels missing pre‑arrival reports differently, increasing rule complexity.","Administrative discretion: Director of Human Biosecurity must approve manner/time for on‑arrival disinsection and biosecurity officers supervise the process (s5, item 1(a)–(b)).","Assessing officers’ subjective satisfaction that human‑health risk is \"acceptable\" is a precondition for pratique for items 2 and 3, introducing judgment calls affecting operators (s5, items 2–3).","Operational compliance burdens on operators to arrange disinsection on arrival, to satisfy officers, and to allow unloading/loading or embarkation/disembarkation when requested (s5, items 1–3).","Timing and location specificity: obligations trigger on arrival at the first landing place or port in Australian territory (s5 table items).","References to potential offences for failing to give required pre‑arrival reports or additional/corrected information (notes to s5 referencing ss193–194 of the Act) link administrative requirements to criminal sanctions.","Use of defined technical terms (e.g. \"prescribed disinsection measures\", \"cruise vessel\", \"non‑commercial vessel\", \"assessing officer\") requires cross‑checking multiple instruments (s4 and notes).","An explicit authorisation effect: items 2 and 3 treat unloading/loading and embarkation/disembarkation under officer requests as authorised for the purposes of s48(3) of the Act, creating an operational enforcement mechanism (note 3 to s5)."],"plain_english_summary":"This instrument identifies classes of incoming aircraft and vessels that must obtain biosecurity \"pratique\" and sets the on‑arrival conditions operators must meet to get it. Conditions include arranging prescribed disinsection for some aircraft, satisfying an assessing officer that human‑health risk is acceptable, and complying with officer requests to load/unload cargo or allow people to embark or disembark. It affects aircraft and vessel operators, passengers, cargo handlers and biosecurity officers by making clearance conditional on specified health measures and officer assessments."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-negative-pratique-instrument-2016","history":"/api/acts/biosecurity-negative-pratique-instrument-2016/history","analysis":"/api/acts/biosecurity-negative-pratique-instrument-2016/analysis","conflicts":"/api/acts/biosecurity-negative-pratique-instrument-2016/conflicts","importantCases":"/api/acts/biosecurity-negative-pratique-instrument-2016/important-cases","documents":"/api/acts/biosecurity-negative-pratique-instrument-2016/documents"}}