Part Part 3 - Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2022 - Requirements for individuals on voyages | Zoe
Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2022
Part 3Requirements for individuals on voyages
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This instrument is the Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2022.
3 Authority
This instrument is made under subsection 44(2) of the Biosecurity Act 2015.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Agriculture Department;
(b) Australian territory;
(c) Health Department;
(d) landing place;
(e) passenger.
In this instrument:
accepted COVID‑19 vaccine means a COVID‑19 vaccine:
(a) that is registered goods within the meaning of the Therapeutic Goods Act 1989; or
(b) that is recognised by the Therapeutic Goods Administration.
Act means the Biosecurity Act 2015.
COVID‑19 means the coronavirus known as COVID‑19.
Emergency Requirements Determination means the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Incoming International Flights) Determination 2021.
Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.
Home Affairs SES employee means an SES employee in the Home Affairs Department.
relevant international flight means a flight:
(a) that commences outside Australian territory and is intended to arrive at a landing place in Australian territory; and
(b) for which the scheduled departure time is at or after 1.01 am on 23 January 2022 in the place where the flight commences.
relevant international voyage means a voyage of a vessel:
(a) that commences outside Australian territory and is intended to arrive at a port in Australian territory; and
(b) for which the scheduled departure time is on or after 18 April 2022.
relevant official means any of the following:
(a) a biosecurity officer;
(b) a chief human biosecurity officer;
(c) a human biosecurity officer;
(d) an APS employee in the Agriculture Department;
(e) an APS employee in the Home Affairs Department.
Therapeutic Goods Administration means that part of the Health Department known as the Therapeutic Goods Administration.
Part 2—Requirements for passengers on flights
6 Passenger statements—various matters
(1) This section applies to an individual who is entering Australian territory:
(a) at a landing place in accordance with Division 2 of Part 4 of Chapter 4 of the Act; and
(b) as a passenger of an aircraft on a relevant international flight;
unless an exemption for the purposes of this section was granted under paragraph 8(1)(a) for the flight before the flight commenced.
Ability to produce evidence of statement made before boarding
(2) The individual must be able to produce, to a relevant official, evidence that, before the individual boarded the aircraft, 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 (3) and (4)):
(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 flight number of the relevant international flight;
(e) 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 landing place is located; and
(ii) the penalties for non‑compliance with those requirements;
(g) if the individual was more than 12 years and 3 months old on the day the relevant international flight was scheduled to commence—a declaration mentioned in subsection (6) (about vaccination status);
(h) 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.
Note: The following are examples of exceptional circumstances for paragraphs (2)(b) and (h):
(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) Paragraph (2)(c), (e), (g) or (h) does not apply to the individual if, before the relevant international flight commenced:
(a) an exemption for the purposes of that paragraph was granted under paragraph 8(1)(b) for the flight; or
(b) an exemption for the purposes of that paragraph that applies to the individual was granted under section 9; or
(c) an exemption for the purposes of that paragraph was granted to the individual under section 10.
(4) Paragraph (2)(e) does not apply to the individual if the relevant international flight is:
(a) an Australian Government facilitated flight; or
(b) an emergency medical evacuation flight.
(6) For the purposes of paragraph (2)(g), 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 flight 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 landing place.
Note 1: An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).
Note 3: For protections for children or incapable persons who are subject to the requirements in this section, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.
Note 4: Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.
8 Exemptions for flights—exceptional circumstances
(1) In exceptional circumstances, the Director of Human Biosecurity, a chief human biosecurity officer, a human biosecurity officer or a Home Affairs SES employee may:
(a) grant an exemption for the purposes of section 6 for a relevant international flight; or
(b) grant an exemption for the purposes of any of paragraphs 6(2)(c) to (h) for a relevant international flight.
(2) An exemption under subsection (1) must be in writing.
(3) For the purposes of this instrument, an exemption under subsection 9A(1) of the Emergency Requirements Determination is taken to be an exemption under paragraph (1)(a) of this section for the purposes of section 6.
9 Exemptions for classes of individuals—exceptional circumstances
(1) In exceptional circumstances, the Director of Human Biosecurity may grant an exemption for the purposes of any of paragraphs 6(2)(c) to (h) to a class of individuals.
(2) An exemption under subsection (1) must be in writing.
(3) For the purposes of this instrument, an exemption under subsection 9B(1) of the Emergency Requirements Determination is taken to be an exemption under subsection (1) of this section for the purposes of paragraph 6(2)(f).
10 Exemptions for individuals—exceptional circumstances
(1) In exceptional circumstances, a relevant official may grant an exemption for the purposes of any of paragraphs 6(2)(c) to (h) to an individual.
(2) For the purposes of subsection (1), exceptional circumstances are demonstrated by the individual providing a compelling reason for not complying with the paragraph or section (as applicable).
(3) An exemption under subsection (1) must be in writing.
(4) For the purposes of this instrument, an exemption under subsection 10(1) of the Emergency Requirements Determination is taken to be an exemption under subsection (1) of this section for the purposes of paragraph 6(2)(f).
Part 3—Requirements for individuals on voyages
Division 1—Statements by individuals
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.
Note 1: An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).
Note 3: For protections for children or incapable persons who are subject to the requirements in this section, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.
Note 4: Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.
12 Exemptions for voyages—exceptional circumstances
(1) In exceptional circumstances, the Director of Human Biosecurity, a chief human biosecurity officer, a human biosecurity officer or a Home Affairs SES employee may:
(a) grant an exemption for the purposes of section 11 for a relevant international voyage; or
(b) grant an exemption for the purposes of any of paragraphs 11(2)(c) to (g) for a relevant international voyage.
(2) An exemption under subsection (1) must be in writing.
13 Exemptions for classes of individuals—exceptional circumstances
(1) In exceptional circumstances, the Director of Human Biosecurity may grant an exemption for the purposes of any of paragraphs 11(2)(c) to (g) to a class of individuals.
(2) An exemption under subsection (1) must be in writing.
14 Exemptions for individuals—exceptional circumstances
(1) In exceptional circumstances, a relevant official may grant an exemption for the purposes of any of paragraphs 11(2)(c) to (g) to an individual.
(2) For the purposes of subsection (1), exceptional circumstances are demonstrated by the individual providing a compelling reason for not complying with the paragraph.
(3) An exemption under subsection (1) must be in writing.
Division 2—Declarations by crew—unplanned disembarkation
15 Providing vaccination status declaration on request
(1) This section applies to an individual if:
(a) the individual is entering Australian territory:
(i) at a port in accordance with Division 3 of Part 4 of Chapter 4 of the Act; and
(ii) on a vessel on a relevant international voyage; and
(b) paragraph 11(1)(d) applies to the individual; and
(c) the individual disembarks from the vessel.
(2) If a relevant official asks the individual to do so, the individual must make, and give to the relevant official, a declaration mentioned in subsection 11(6) (about vaccination status).
(3) The requirements in this section apply at the port.
Note 1: An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).
Note 3: For protections for children or incapable persons who are subject to the requirements in this section, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.
Note 4: Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.
Part 4—Travel history declarations—passengers on flights and individuals on voyages
16 Providing travel history declaration on request
Passengers on relevant international flights
(1) This section applies to an individual who is entering Australian territory:
(a) at a landing place in accordance with Division 2 of Part 4 of Chapter 4 of the Act; and
(b) as a passenger of an aircraft on a relevant international flight.
(2) If a relevant official asks the individual to do so, the individual must make, and give to the relevant official, a declaration setting out the individual’s international travel history for the 14 days before the day the relevant international flight was scheduled to commence.
Individuals on relevant international voyages
(3) 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.
(4) If a relevant official asks the individual to do so, the individual must make, and give to the relevant official, a declaration setting out the individual’s international travel history for the 14 days before the day the relevant international voyage ended.
Where requirements apply
(5) The requirements in this section apply at the landing place or port (as applicable).
Note 1: An individual who fails to comply with a requirement that applies to the individual under this section may contravene a civil penalty provision (see section 46 of the Act).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of the Act).
Note 3: For protections for children or incapable persons who are subject to the requirements in this section, see Subdivision B of Division 2 of Part 1 of Chapter 2 of the Act.
Note 4: Part 2 of Chapter 11 of the Act deals with confidentiality of personal information collected under the Act.