Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 110

Human remains brought into Australian territory

  (1)   Human remains may be brought into Australian territory.

Note 1:   In some cases, requirements are specified for bringing human remains into Australian territory (see subsection   (2)).

Note 2:   Human remains are not goods (see the definition of goods in section   19).

  (2)   The Director of Human Biosecurity may specify, in writing:

  (a)   classes of human remains; and

  (b)   requirements for:

  (i)   bringing human remains into Australian territory; or

  (ii)   managing human remains in those classes after bringing them into Australian territory.

  (3)   An instrument made under subsection   (2) is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.

  (4)   A requirement specified for the purposes of paragraph   (2)(b) must relate to preventing, or reducing the risk of, a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory.

  (5)   This section does not apply to the human remains of an individual who dies:

  (a)   in transit before arriving in Australian territory; or

  (b)   on arrival in Australian territory.

Note:   For individuals who have died in transit or on arrival, see section   112.

Civil penalty provision

  (6)   A person to whom a requirement under subsection   (2) applies must comply with the requirement.

Civil penalty:   120 penalty units.


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