Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 72

  (1)   This section applies if:

  (a)   an officer requests, under subsection   71(3), the Director of Human Biosecurity to give a direction in accordance with paragraph   (5)(a) of this section for an individual to comply with a biosecurity measure included in a human biosecurity control order; or

  (b)   all of the following apply:

  (i)   the Director of Human Biosecurity gives a direction in accordance with paragraph   (5)(a) of this section for an individual to comply with a biosecurity measure included in a human biosecurity control order under section   86 (contacting officer with health status), 87 (restricting behaviour), 88 (risk minimisation interventions), 93 (medication) or 97 (isolation measure);

  (ii)   at the end of 25 days after the day the direction is given, the direction is still in force (see section   73);

  (iii)   the individual still refuses to consent to the biosecurity measure.

Review of measure

  (2)   The Director of Human Biosecurity must review the following matters:

  (a)   the diagnosis (if any) of the listed human disease specified in the human biosecurity control order;

  (b)   the inclusion (or, in the case of paragraph   (1)(b), the continued inclusion) of the biosecurity measure in the human biosecurity control order.

  (3)   In conducting the review, the Director of Human Biosecurity:

  (a)   must take into account:

  (i)   any reason the individual gives for refusing to consent to the measure; and

  (ii)   any factors that may affect the health of the individual; and

  (b)   may take into account any other matter that the Director of Human Biosecurity considers relevant.

Test for giving direction

  (4)   The Director of Human Biosecurity may give a direction for an individual to comply with a biosecurity measure only if the Director is satisfied, on reasonable grounds, that the biosecurity measure contributes to reducing the risk of:

  (a)   contagion of the listed human disease; or

  (b)   the listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

Note 1:   Before giving a direction, the Director must be satisfied of the matters referred to in section   34 (the principles).

Note 2:   If an individual refuses to comply with a direction given under this section, the Director of Human Biosecurity may be able to apply for an injunction under Part   7 of the Regulatory Powers Act as it applies in relation to this Act.

Giving notice of outcome of review

  (5)   Within 72 hours of the time referred to in subsection   (6), the Director must cause a notice to be given to the individual that:

  (a)   directs the individual to comply with the measure; or

  (b)   informs the individual that he or she is not required to comply with the measure.

Note 1:   An individual may be able to apply for merits or judicial review of a decision to give a direction in accordance with paragraph   (5)(a) (see section   76 of this Act and the Administrative Decisions (Judicial Review) Act 1977 ).

Note 2:   After giving a direction in accordance with paragraph   (5)(a), the Director of Human Biosecurity has certain obligations under section   75 in relation to an individual's right to apply to the Administrative Appeals Tribunal for review of the decision to give the direction.

  (6)   For the purposes of subsection   (5), the time is:

  (a)   if paragraph   (1)(a) applies (other than in relation to an isolation measure or a traveller movement measure)--the time when the request is made; or

  (b)   if paragraph   (1)(a) applies in relation to an isolation measure or a traveller movement measure--the time when the individual refuses to consent to the measure; or

  (c)   if paragraph   (1)(b) applies--12 am on the 26th day (whether or not that day is a business day) after the day the direction is given.

Note:   For the definition of business day , see section   2B of the Acts Interpretation Act 1901 .

  (7)   The notice must include:

  (a)   the time and the day the notice is given; and

  (b)   the reasons for the decision to give the notice.