5Persons not to enter designated areas

5 Persons not to enter designated areas

General (1) A person must remain outside a designated area unless: (a) the person is entering the area to escape an immediate threat to the person’s life or a risk of harm, including harm relating to domestic violence; or (b) the person is a member of the Australian Defence Force and is entering the area in the course of the member’s duty; or (c) 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) the chief human biosecurity officer for the Northern Territory; (iii) a human biosecurity officer; (iv) a biosecurity official; (v) an official performing functions under an Australian law relating to public health, biosecurity or requirements for the export of food or agricultural commodities; or (d) because of an amendment of the description of the designated area in Schedule 1, the person ceases to remain outside the area on the commencement of the amendment; or (e) all of the following apply to the person entering the area: (i) immediately before the entry, the person does not have any of the signs or symptoms of human coronavirus with pandemic potential; (ii) in the 14 days immediately before the entry, the person has not been exposed, without adequate personal protective precautions, to human coronavirus with pandemic potential; (iii) in the 14 days immediately before the entry, the person has not been in a foreign country; (iv) the person is not entering the area wholly or partly for the purpose of engaging in an activity in the area that is prohibited by or under an Australian law; (v) the person’s entry to the area is not prohibited by or under an Australian law (other than this section); (vi) at least one of subsections (2), (3), (4), (5), (6) and (7) applies to the person. Person is entering area to engage in, or provide transport for, essential activity (2) This subsection applies to a person entering a designated area if: (a) the person: (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 to whom subparagraph (i) applies; 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 be a member of the crew of, the conveyance entering the area; or (ii) the person is entering the area primarily to engage in the 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 engaging in the activity. Person entering area to engage in permitted activity (3) This subsection applies to a person entering a designated area if the person is entering the area primarily to engage in a permitted activity in the area that cannot reasonably be undertaken outside the area. Person has permission to enter area (4) This subsection applies to a person entering a designated area if there is in force permission for the person to enter the area given by a relevant decision‑maker for the area who: (a) is a chief human biosecurity officer or a human biosecurity officer; or (b) has had regard to any guidance from a human biosecurity officer about who should be allowed to enter the area. Person returning to premises where the person resides (5) This subsection applies to a person entering a designated area if the premises where the person resides is in the area and the person is entering the area to return to those premises. Person is in transit through area (6) This subsection applies to a person (the entrant) entering a designated area on a journey for which all of the following conditions are met: (a) the journey is to a place beyond the area; (b) the journey takes the most direct practicable route through the area; (c) the journey does not involve a person in the area (other than a person travelling with the entrant) being exposed to the entrant or a person travelling with the entrant. Person is moving without exposure between designated areas or parts of designated area (7) This subsection applies to a person (the entrant) entering a designated area (the end area) on a journey for which all of the following conditions are met: (a) the journey started in a designated area (the start area) that the entrant did not enter in contravention of subsection (1), whether the start area is the same as, or different from, the end area; (b) the journey passed through an area that was not a designated area; (c) on the journey the entrant was not exposed to a person who did not start the journey with the entrant; (d) if the journey involved use of a conveyance, the same conveyance was used for the whole journey.