Biosecurity (Emergency Requirements—Remote Communities) Determination 2021
7Leaving designated areas
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7 Leaving designated areas
(1) A person who is in a designated area must not leave the area unless: (a) the person is leaving 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 leaving the area in the course of the member’s duty; or (c) the person is one of the following officials, and is leaving 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, biosecurity or requirements for the export of food or agricultural commodities; or (d) all of the following apply to the person leaving the area: (i) the person entered the area in reliance on section 5; (ii) the premises where the person resides is not in the area; (iii) the person is leaving the area to return to the premises where the person resides; or (e) all of the following apply to the person leaving the area: (i) immediately before leaving the area, the person does not have any of the signs or symptoms of human coronavirus with pandemic potential; (ii) in the 14 days immediately before leaving the area, the person has not been exposed, without adequate personal protective precautions, to human coronavirus with pandemic potential; (iii) in the 14 days immediately before leaving the area, the person has not been in a foreign country; (iv) the person is not leaving the area wholly or partly for the purpose of engaging in an activity that is prohibited by or under an Australian law; (v) the person’s leaving the area is not prohibited by or under an Australian law (other than this section); (vi) at least one of subsections (2), (3) and (4) applies to the person. Person leaving area to engage in, or provide transport for, essential activity (2) This subsection applies to a person leaving a designated area if: (a) the person: (i) is leaving the area primarily to engage in an essential activity outside the area that requires the person to be outside the area; or (ii) is the person in charge of, or a member of the crew of, a conveyance leaving 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 outside the area or to be in charge of, or be a member of the crew of, the conveyance leaving the area; or (ii) the person is leaving the area primarily to engage in the essential activity outside the area in a manner that is agreed with a human biosecurity officer so as to minimise the extent to which other persons outside the area are exposed to the person engaging in the activity. Person leaving area to engage in permitted activity (3) This subsection applies to a person leaving a designated area if the person is leaving the area primarily to engage in a permitted activity outside the area that cannot reasonably be undertaken in the area. Person has permission to leave area (4) This subsection applies to a person leaving a designated area if there is in force permission for the person to leave 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 leave the area.