The ''Biosecurity Act 2015'' is an Act of the

Parliament of Australia The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor- ...

which manages biosecurity risks in Australia. It was enacted on 16 June 2015, after the Bill was passed with

bipartisan Bipartisanship, sometimes referred to as nonpartisanship, is a political situation, usually in the context of a two-party system (especially those of the United States and some other western countries), in which opposing political parties find co ...

support on 14 May 2015. It covers both

agricultural Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled peopl ...

and human medical

biosecurity Biosecurity refers to measures aimed at preventing the introduction and/or spread of harmful organisms (e.g. viruses, bacteria, etc.) to animals and plants in order to minimize the risk of transmission of infectious disease. In agriculture, ...

risks, including

epidemic An epidemic (from Greek ἐπί ''epi'' "upon or above" and δῆμος ''demos'' "people") is the rapid spread of disease to a large number of patients among a given population within an area in a short period of time. Epidemics of infectious ...

s and

pandemic A pandemic () is an epidemic of an infectious disease that has spread across a large region, for instance multiple continents or worldwide, affecting a substantial number of individuals. A widespread endemic disease with a stable number of in ...

s, and is designed to contain and/or deal with any "diseases and pests that may cause harm to human, animal or plant health or the environment" in Australia. The application of the Act was particularly tested during the

COVID-19 pandemic in Australia The COVID-19 pandemic in Australia is part of the ongoing worldwide pandemic of the coronavirus disease 2019 () caused by severe acute respiratory syndrome coronavirus 2 (). The first confirmed case in Australia was identified on 25 January ...

History

The Act replaced most of the '' Quarantine Act 1908'', which was wholly repealed on 16 June 2016 by the ''Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015''. CC-BY icon

Text was copied from this source, which is available under
Creative Commons Attribution 4.0 International License
The new Act is a major reform of the ''Quarantine Act'', in particular in its strengthening and modernising the existing framework of regulations governing biosecurity legislation in Australia. As recommended by the ''Beale Review'' (''One Biosecurity: A Working Partnership'', Roger Beale et al., 2008) and the earlier Nairn Report, the Act adopts a

risk In simple terms, risk is the possibility of something bad happening. Risk involves uncertainty about the effects/implications of an activity with respect to something that humans value (such as health, well-being, wealth, property or the environm ...

-based approach, but includes several measures to manage unacceptable levels of biosecurity risk. New requirements include how the

Department of Agriculture, Water and the Environment The Australian Department of Agriculture, Water and the Environment (DAWE) was an Australian Government department which operated from 1 February 2020 until 30 June 2022. It represented Australia's national interests in agriculture, water and th ...

(at the time of enactment,

Department of Agriculture and Water Resources The Australian Government Department of Agriculture and Water Resources was a government department that existed between 2015 and 2019, which was responsible for developing and implementing policies and programs that contribute to strengthening ...

) would manage

risks associated with goods, people and vessels entering Australia. The Biosecurity Bill 2014 passed through

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

on 14 May 2015 with bipartisan support. The Act did not radically change operational functions, but were more clearly described, with the aim of being easier to use and reducing the complexity of administering it. The main change relate was the compliance and enforcement of powers.

Amendments and related legislation

The Act has been amended a number of times, with the latest amended, as of 25 March 2020, being the ''Coronavirus Economic Response Package Omnibus Act 2020'', which also affects other legislation. Also related to the Act are the ''Biosecurity Charges Imposition (General) Act 2015'', ''Biosecurity Regulation 2016'', ''Biosecurity (Human Health) Regulation 2016'', and ''Biosecurity Charges Imposition (General) Regulation 2016''.

Description

The Act is about "managing diseases and pests that may cause harm to human, animal or plant health or the environment" in

Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...

. There are chapters which cover management of risks in several areas, including: * Risks to human health. Human diseases listed in a legislative instrument are the main focus, but there are also requirements relating to people entering or leaving Australian territory as well as rules relating to managing deceased people. * Goods that are brought into Australian territory from outside Australian territory, by air or by sea. It also provides for prohibition of or conditions relating to certain goods from being brought or imported into Australian territory. * Aircraft and vessels entering Australian territory from outside Australian territory, including controlling landing or mooring places and their movement while they are in Australian territory. * Implementation of the Ballast Water Convention, which regulates the ballast water and

sediment Sediment is a naturally occurring material that is broken down by processes of weathering and erosion, and is subsequently transported by the action of wind, water, or ice or by the force of gravity acting on the particles. For example, sand ...

of certain vessels, in accordance with the

United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 ...

. * Other biosecurity risks which may be posed by diseases or pests in or on goods or premises in Australian territory. * Arrangements to enable biosecurity officials to carry out biosecurity activities to manage biosecurity risks associated with goods, premises or other things. * Provision for the

Governor-General of Australia The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.biosecurity emergencies and human biosecurity emergencies; provision for special powers for the Agriculture Minister to deal with biosecurity emergencies (including the delegation of certain powers to national response agencies; and provision for special powers to be given to the Health Minister to deal with human biosecurity emergencies, including by effecting the recommendations of the

World Health Organization The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level o ...

(WHO). * Provision for powers for biosecurity officers powers to ensure people are complying with this Act, to investigate non‑compliance and to enforce this Act by means such as civil penalties, infringement notices, enforceable undertakings and injunctions and other means. * Governance is described, including the functions and powers of the Director of Biosecurity, Director of Human Biosecurity, and various types of biosecurity officers. Part 3 (Section 344) states that the Director of Human Biosecurity is the person acting in the capacity of Commonwealth

Chief Medical Officer Chief medical officer (CMO) is the title used in many countries for the senior government official designated head of medical services, sometimes at the national level. The post is held by a physician who serves to advise and lead a team of medical ...

(CMO), and this person has certain powers conferred upon them by this Act. Part 4 deals with human biosecurity officers. The CMO may, under Section 563 of the Act, make members of the

Australian Defence Force The Australian Defence Force (ADF) is the military organisation responsible for the defence of the Commonwealth of Australia and its national interests. It consists of the Royal Australian Navy (RAN), Australian Army, Royal Australian Air Fo ...

, as well as officers and employees of the federal and state departments of health, human biosecurity officers, if satisfied that they have appropriate clinical expertise.

Biosecurity emergencies

Chapter 8, Part 2 of the Act deals with "emergencies involving threats or harm to human health on a nationally significant scale". This chapter deals with special powers which exist as well as the powers available under Chapter 2. "The Governor‑General may make a human biosecurity emergency declaration if the Health Minister is satisfied that the special powers in this Part are needed to deal with a human biosecurity emergency. The Health Minister may exercise special powers under this Part to deal with a human biosecurity emergency, subject to limits and protections. These powers may be exercised anywhere in Australian territory". Similar emergency powers are given to the Governor-General and Agriculture Minister for other types of biosecurity emergencies, in Chapter 8, Par 1. In addition, the Agriculture Minister may "declare Commonwealth bodies, or parts of Commonwealth bodies, to be national response agencies for the purposes of dealing with biosecurity emergencies", and some of the Minister's powers may be delegated to staff in the national response agencies.

Scope

An article on the parliamentary website explains the scope the Health Minister's powers under the Act under sections 477 and 478. The minister may: However, Sub-section 478(5) places limits on interference with state and territory bodies and officials: "A direction must not be given under subsection (1) to an officer or employee of a State, Territory or State or Territory body unless the direction is in accordance with an agreement between the Commonwealth and the State, Territory or body". (For the COVID-19 pandemic, an intergovernmental agreement was signed.)

Invocations

2020 invocation of state of emergency

On 18 March 2020, a human biosecurity emergency was declared in Australia owing to the risks to human health posed by the

, after the National Security Committee met the previous day. The Act specifies that the Governor-General may declare such an emergency if the

Health Minister A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services. Some governments have separate ministers for mental health. Coun ...

(at the time

Greg Hunt Gregory Andrew Hunt (born 18 November 1965) is a former Australian politician who was the Minister for Health between January 2017 and May 2022. He was a Liberal Party member of the House of Representatives between November 2001 and 2022, rep ...

; Mark Butler) is satisfied that "a listed human disease is posing a severe and immediate threat, or is causing harm, to human health on a nationally significant scale". This gives the Minister sweeping powers, including imposing restrictions or preventing the movement of people and goods between specified places, and evacuations. The ''Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020'' was declared by the Governor-General,

David Hurley General David John Hurley, (born 26 August 1953) is an Australian former senior officer in the Australian Army who has served as the 27th governor-general of Australia since 1 July 2019. He was previously the 38th governor of New South Wales, ...

, under Section 475 of the Act. The Act only allows for three months, but the period may be extended for a further three if the Governor-General is satisfied that it is required. The ''Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements) Determination 2020'', made by the Health Minister on the same day under Section 477 of the Act, banned international cruise ships from entering Australian ports before 15 April 2020. On 25 March 2020, the Health Minister made a second determination, the ''Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020'', which "forbids Australian citizens and permanent residents from leaving Australian territory by air or sea as a passenger". On 25 April 2020, the ''Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Public Health Contact Information) Determination 2020'', made under subsection 477(1) of the Act, was signed into law by the Health Minister. The purpose of the new legislation is "to make

contact tracing In public health, contact tracing is the process of identifying persons who may have been exposed to an infected person ("contacts") and subsequent collection of further data to assess transmission. By tracing the contacts of infected individua ...

faster and more effective by encouraging public acceptance and uptake of COVIDSafe",

COVIDSafe COVIDSafe was a digital contact tracing app released by the Australian Government on 26 April 2020 to help combat the ongoing COVID-19 pandemic. The app was intended to augment traditional contact tracing by automatically tracking encounters ...

being the new

mobile app A mobile application or app is a computer program or software application designed to run on a mobile device such as a phone, tablet, or watch. Mobile applications often stand in contrast to desktop applications which are designed to run on d ...

created for the purpose. The function of the app is to record contact between any two people who both have the app on their phones when they come within of each other. The encrypted data would remain on the phone for 21 days of not encountering a person logged with confirmed COVID-19.

Investigation into breach by ''Ruby Princess''

On 5 April 2020,

New South Wales Police The New South Wales Police Force (NSW Police Force; previously the New South Wales Police Service and New South Wales Police) is the primary law enforcement agency of the state of New South Wales, Australia. Divided into Police Area Commands (P ...

launched a

criminal investigation Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservat ...

into whether the operator of ''

Ruby Princess The ''Ruby Princess'' is a ''Crown''-class cruise ship owned and operated by Princess Cruises. The ''Ruby Princess'' was built in 2008 by Fincantieri in Trieste, Italy, as a sister ship to and . She was turned over to Carnival Corporation an ...

'',

Carnival Australia Carnival Corporation & plc is a British-American cruise operator with a combined fleet of over 100 vessels across 10 cruise line brands. A dual-listed company, Carnival is composed of two companies – Panama-incorporated, US-headquartered Carniv ...

, broke the ''Biosecurity Act 2015'' (Cwth) and possibly NSW state laws, by deliberately concealing

COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was identified in Wuhan, China, in December 2019. The disease quick ...

cases.

2021 India flight ban

Late on 30 April 2021, after some days earlier imposing a ban on all flights from India, which was experiencing a dramatic rise in cases in a second wave of the COVID-19 pandemic, the Federal Government announced a ban on Australian citizens and permanent residents in India from entering Australia via any route. These measures came into effect on 3 May and would remain in force until 15 May. Prime Minister Scott Morrison announced that anyone, including Australian citizens and permanent residents, caught returning from India to Australia via any route would be subject to punishment under the ''Biosecurity Act'', with penalties for breaches including up to five years’ jail, a fine of , or both. Foreign Minister

Marise Payne Marise Ann Payne (born 29 July 1964) is an Australian politician who served in the Morrison Government as Minister for Foreign Affairs from 2018 to 2022 and as Minister for Women from 2019 to 2022. She has been a Senator for New South Wales s ...

reported that 57% of positive cases in quarantine had come from India in April, compared with 10% in March. The move was branded as

racist Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...

by some critics, and a potential breach of

international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, a ...

. On 3 May 2021 the government announced that it would review this decision earlier than originally intended, possibly within the same week. There were about 9,000 Australian citizens in India, of whom 650 were considered vulnerable. On 7 May 2021 Morrison announced that the flight ban would end on 15 May and that repatriation flights to the

Northern Territory The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an Australian territory in the central and central northern regions of Australia. The Northern Territory shares its borders with Western Aust ...

would start on this date. A legal challenge to the ban was due to be heard in the Federal Court in

Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mounta ...

on 12 May 2021, part of the challenge was rejected on 10 May.

References

External links

* {{COVID-19 pandemic in Australia Acts of the Parliament of Australia 2015 in Australian law Biosecurity Quarantine Environment of Australia COVID-19 pandemic in Australia Pest legislation