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BIOSECURITY ACT 2015 - SECT 478

Health Minister may give directions during human biosecurity emergency period

  (1)   During a human biosecurity emergency period, the Health Minister may give any direction, to any person, that the Health Minister is satisfied is necessary:

  (a)   to prevent or control:

  (i)   the entry of the declaration listed human disease into Australian territory or a part of Australian territory; or

  (ii)   the emergence, establishment or spread of the declaration listed human disease in Australian territory or a part of Australian territory; or

  (b)   to prevent or control the spread of the declaration listed human disease to another country; or

  (c)   if a recommendation has been made to the Health inister by the World Health Organization under Part   III of the International Health Regulations in relation to the declaration listed human disease--to give effect to the recommendation.

Note 1:   A person who fails to comply with a direction given under this subsection may commit an offence (see section   479).

Note 2:   See also section   572 (general provisions relating to directions).

  (2)   Without limiting subsection   (1), the directions that the Health Minister may give under that subsection include the following:

  (a)   a direction to a person who is in a position to close premises, or prevent access to premises, to do so;

  (b)   a direction for the purposes of giving effect to or enforcing a requirement determined under section   477;

  (c)   if a recommendation has been made as referred to in paragraph   (1)(c)--a direction for the purposes of giving effect to the recommendation.

  (3)   Before giving a direction under subsection   (1), the Health Minister must be satisfied of all of the following:

  (a)   that the direction is likely to be effective in, or to contribute to, achieving the purpose for which it is to be given;

  (b)   that the direction is appropriate and adapted to achieve the purpose for which it is to be given;

  (c)   that the direction is no more restrictive or intrusive than is required in the circumstances;

  (d)   if the direction is to apply during a period--that the period is only as long as is necessary.

  (4)   A direction may be given under subsection   (1) despite any provision of any other Australian law.

  (5)   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.

  (6)   A direction given under subsection   (1) must not require an individual to be subject to a biosecurity measure of a kind set out in Subdivision B of Division   3 of Part   3 of Chapter   2.

Note:   Subdivision B of Division   3 of Part   3 of Chapter   2 sets out the biosecurity measures that may be included in a human biosecurity control order.

When direction ceases to have effect

  (7)   A direction given under subsection   (1) ceases to have effect at the end of the human biosecurity emergency period, unless it is revoked earlier.


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