Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies for the following purposes:
(a) preventing a listed human disease from spreading to another country;
(b) if a recommendation has been made to the Health Minister by the World Health Organization under Part III of the International Health Regulations--purposes relating to that recommendation.
(2) The Health Minister may determine one or more requirements:
(a) for individuals who are leaving Australian territory; or
(b) for operators of outgoing passenger aircraft or vessels.
Note: A person who fails to comply with a requirement may contravene a civil penalty provision (see section 46).
(3) A determination made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.
(4) The determination must specify where the requirements apply.
Kinds of determinations that may be specified
(5) Without limiting subsection (2), the determination may specify:
(a) requirements for all individuals or operators, or classes of individuals or operators; and
(b) specific requirements in relation to specified listed human diseases; and
(c) general requirements in relation to listed human diseases generally; and
(d) requirements relating to the manner in which an individual or operator must comply with a requirement.
(6) Without limiting subsection (2), the determination may specify one or more of the following requirements:
(a) a requirement for an operator of an outgoing passenger aircraft or vessel to provide to passengers, who are intending to leave Australian territory on the operator's aircraft or vessel, specified information about the risks to human health associated with travelling;
(b) a requirement for an operator of an outgoing passenger aircraft or vessel to report to a human biosecurity officer or a chief human biosecurity officer if the operator observes that any passenger intending to leave Australian territory on the operator's aircraft or vessel has signs or symptoms of a listed human disease;
(c) a requirement for an operator of an outgoing passenger aircraft or vessel to treat the aircraft or vessel in a specified manner;
(d) a requirement for an individual to provide either:
(i) a declaration as to whether the individual has received a specified vaccination or other prophylaxis within a specified previous period; or
(ii) evidence that the individual has received a specified vaccination or other prophylaxis within a specified previous period;
(e) a requirement for an individual to complete a questionnaire on his or her health, which may include confirmation as to whether the individual is undergoing, or has undergone, specified treatment within a specified previous period;
(f) a requirement for an individual to provide a declaration in relation to a specified listed human disease;
(g) a requirement for an individual to provide a declaration or evidence of where the individual has been before leaving Australian territory;
(h) a requirement for an individual to be screened (whether by requiring the individual to be screened by equipment, by providing a declaration, or in any other way).
Note 1: 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 this Act).
Note 2: This section is not subject to the privilege against self - incrimination (see section 635).
(7) A determination must not specify as a requirement a
biosecurity measure described in Subdivision B of Division 3 of Part
3 (biosecurity measures that may be included in a
human biosecurity control order).