11Statements—various matters

11 Statements—various matters

(1) This section applies to an individual who is entering Australian territory: (a) at a port in accordance with Division 3 of Part 4 of Chapter 4 of the Act; and (b) on a vessel on a relevant international voyage; unless: (c) an exemption for the purposes of this section was granted under paragraph 12(1)(a) of this instrument for the voyage before the voyage commenced; or (d) the individual: (i) is the person in charge or a member of the crew of the vessel; and (ii) has had no interaction with passengers on the voyage and does not intend to disembark from the vessel while in Australian territory. Ability to produce evidence of statement (2) The individual must be able to produce, to a relevant official, evidence that, before the time mentioned in subsection (3), the individual made a written statement: (a) using an electronic system maintained by the Home Affairs Department; or (b) if exceptional circumstances prevented the individual from using an electronic system maintained by the Home Affairs Department—in paper form; that included the following (subject to subsections (4) and (5)): (c) the following information for the individual: (i) name; (ii) date of birth; (iii) passport number; (iv) phone number while in Australian territory; (v) intended address while in Australian territory; (vi) email address; (vii) the name and type of the vessel; (d) a declaration that the individual is aware of: (i) the quarantine and testing requirements relating to COVID‑19 that apply in the State or Territory in which the port is located; and (ii) the penalties for non‑compliance with those requirements; (e) if the individual was more than 12 years and 3 months old on the day the relevant international voyage was scheduled to commence—a declaration mentioned in subsection (6) (about vaccination status); (f) if the statement was made in paper form—a declaration that exceptional circumstances prevented the individual from using an electronic system maintained by the Home Affairs Department; (g) if the statement was not made before the individual embarked onto the vessel for the voyage—a declaration that exceptional circumstances prevented the individual from making the statement before the individual embarked onto the vessel for the voyage.

Note: The following are examples of exceptional circumstances for paragraphs (2)(b) and (f):

(a) the electronic system was not available to the individual;
(b) the electronic system was not available to the individual in a language that the individual understands.

(3) For the purposes of subsection (2), the time is: (a) when the individual embarked onto the vessel for the voyage; or (b) if exceptional circumstances prevented the individual from making the statement before the individual embarked onto the vessel for the voyage—the end of the voyage. (4) Paragraph (2)(c), (d), (e), (f) or (g) does not apply to the individual if, before the relevant international voyage commenced: (a) an exemption for the purposes of that paragraph was granted under paragraph 12(1)(b) for the voyage; or (b) an exemption for the purposes of that paragraph that applies to the individual was granted under section 13; or (c) an exemption for the purposes of that paragraph was granted to the individual under section 14. (5) Paragraph (2)(d) does not apply to the individual if the relevant international voyage is: (a) an Australian Government facilitated voyage; or (b) an emergency medical evacuation voyage. (6) For the purposes of paragraph (2)(e), the declaration is a declaration of which one of the following paragraphs apply to the individual: (a) the individual: (i) has received a course of vaccinations with one or more accepted COVID‑19 vaccines in accordance with a schedule for receiving that course of vaccinations that is accepted by the Therapeutic Goods Administration (whether or not the individual has also received a booster dose of an accepted COVID‑19 vaccine); and (ii) received the last vaccination in the course of vaccinations at least 7 days before the day the relevant international voyage was scheduled to commence; and (iii) can produce evidence of the matters mentioned in subparagraphs (i) and (ii); (b) the individual: (i) has a medical contraindication to COVID‑19 vaccines; and (ii) can produce evidence provided by a medical practitioner of the matter mentioned in subparagraph (i); (c) neither paragraph (a) nor (b) applies to the individual. Providing statements made in paper form (7) If the individual made a statement as mentioned in subsection (2) in paper form, the individual must provide the statement to a relevant official. Producing evidence of electronic statements on request (8) If the individual made a statement as mentioned in subsection (2) electronically, the individual must produce evidence that the individual made the statement if a relevant official asks the individual to do so. Producing evidence relating to declarations on request (9) If the individual’s statement includes a declaration mentioned in subsection (6), the individual must, if a relevant official asks the individual to do so, produce: (a) if the declaration was that paragraph (6)(a) applies to the individual—the evidence mentioned in subparagraph (6)(a)(iii); and (b) if the declaration was that paragraph (6)(b) applies to the individual—the evidence mentioned in subparagraph (6)(b)(ii). Where requirements apply (10) The requirements in this section apply at the port.