Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 5(1)
Insert:
"permanent residence" has the meaning given by subsection 64B(3).
2 Subsection 5(1)
Insert:
"prescribed health measure" has the meaning given by section 64A.
3 Subsection 5(1)
Insert:
"temporary residence" has the meaning given by subsection 64B(3).
4 Subsection 5(1)
Insert:
"traveller" has the meaning given by section 64B.
5 Part VI (heading)
Repeal the heading, substitute:
6 Before section 58A
Insert:
7 After section 58A
Insert:
Division 2 -- Expenses of quarantine
58B Prescribed health measures provided in relation to travellers
This Division has effect subject to Division 3 (charges for the provision of prescribed health measures in relation to travellers).
8 Subsection 64(1)
Omit "this Part", substitute "Division 4".
9 After section 64
Insert:
Division 3 -- Charges for the provision of prescribed health measures in relation to travellers
64A Definition of prescribed health measure
Definition of prescribed health measure
(1) For the purposes of this Act, a prescribed health measure , in relation to a traveller, is a health measure referred to in subsection (2) that is provided by, for or on behalf of the Commonwealth under:
(a) this Act; or
(b) the Migration Act 1958 ; or
(c) any other law of the Commonwealth.
(2) For the purposes of subsection (1), the health measures are the following:
(a) a medical examination to ascertain the health status of the traveller;
(b) subject to subsection (3), a vaccination or other prophylaxis provided to the traveller on arrival in Australia;
(c) a restriction of the activities of the traveller, or the segregation or isolation of the traveller, for the purpose of preventing the spread of disease;
(d) the issuing to the traveller of a certificate that specifies:
(i) that a prescribed health measure referred to in paragraph (a), (b), (c) or (e) was provided in relation to the traveller; and
(ii) the date on which that measure was provided;
(e) a health measure applied to the personal effects of the traveller.
Notification requirements for vaccinations etc.
(3) A vaccination or other prophylaxis provided on a certain day to a traveller on arrival in Australia is not a prescribed health measure in relation to the traveller if, at least 10 days before that day, a notice published on the website of the Department that deals with human quarantine stated that such travellers would be required to submit themselves to such a vaccination or other prophylaxis.
Treatments and benefits for travellers in isolation etc.
(4) If, for the purpose of preventing the spread of disease, a traveller's activities are restricted, or the traveller is segregated or isolated, as described in paragraph (2)(c), none of the following is a prescribed health measure in relation to the traveller:
(a) any treatment (other than treatment referred to in paragraph (2)(a), (b) or (e)) provided in relation to the traveller:
(i) for the disease; or
(ii) for any other medical condition;
(b) any other benefit provided to the traveller solely for his or her benefit.
Travellers
(1) For the purposes of this Act, a person is a traveller if:
(a) the person has entered Australia while undertaking a voyage from another country; and
(b) none of the following applies:
(i) subject to subsection (2), the person has been immigration cleared (within the meaning of subsection 172(1) of the Migration Act 1958 );
(ii) the person has been detained under section 189 of that Act;
(iii) the person has left Australia;
(iv) the person is prescribed by the regulations.
Note: The regulations may prescribe the person by reference to a class of persons (see subsection 13(3) of the Legislative Instruments Act 2003 ).
(2) Subparagraph (1)(b)(i) does not apply in relation to a person who has been immigration cleared (within the meaning of subsection 172(1) of the Migration Act 1958 ) if:
(a) before the person was immigration cleared, the person was notified that he or she would be required to submit to the provision of a prescribed health measure as soon as practicable after being immigration cleared; and
(b) the person submits to the provision of the prescribed health measure as soon as practicable after being immigration cleared; and
(c) the provision of the prescribed health measure is not yet complete.
Temporary residence and permanent residence
(3) For the purposes of the International Health Regulations and this Act, a traveller is seeking temporary residence or permanent residence in Australia unless:
(a) the traveller is an Australian citizen under the Australian Citizenship Act 2007 ; or
(b) the traveller is in Australia for transit purposes only; or
(c) the traveller is prescribed by the regulations.
Note: The regulations may prescribe the traveller by reference to a class of travellers (see subsection 13(3) of the Legislative Instruments Act 2003 ).
(4) For the purposes of paragraph (3)(b), a traveller is in Australia for transit purposes only if the traveller:
(a) is not required to comply with section 166 of the Migration Act 1958 (immigration clearance); and
(b) holds:
(i) a confirmed onward booking to leave Australia to travel to another country within 8 hours of arrival; and
(ii) documentation necessary to enter the country of his or her destination; and
(c) is not prescribed by the regulations.
Note: The regulations may prescribe the traveller by reference to a class of travellers (see subsection 13(3) of the Legislative Instruments Act 2003 ).
64C Charges for the provision of prescribed health measures in relation to travellers
Travellers not seeking temporary residence or permanent residence
(1) If a traveller is not seeking temporary residence or permanent residence in Australia, no person (other than the Commonwealth) is liable, under any law of the Commonwealth, to pay for the provision of a prescribed health measure in relation to the traveller.
Note 1: If the traveller entered Australia as a member of the crew of a vessel, subsection (1) does not preclude the seeking of reimbursement from the master, owner, or agent, of the vessel for expenses incurred in providing the prescribed health measure (see subsection (3)).
Note 2: Subsection (1) does not preclude the seeking of reimbursement from an applicable insurance source for expenses incurred in providing the prescribed health measure (see subsection (3)).
Travellers seeking temporary residence or permanent residence
(2) If a traveller is seeking temporary residence or permanent residence in Australia, no person (other than the Commonwealth) is liable, under any law of the Commonwealth, to pay for the provision of a prescribed health measure in relation to the traveller if the liability does not conform to a tariff in force under section 64D in relation to the prescribed health measure.
Note 1: If the traveller entered Australia as a member of the crew of a vessel, subsection (2) does not preclude the seeking of reimbursement from the master, owner, or agent, of the vessel for expenses incurred in providing the prescribed health measure (see subsection (3)).
Note 2: Subsection (2) does not preclude the seeking of reimbursement from an applicable insurance source for expenses incurred in providing the prescribed health measure (see subsection (3)).
Reimbursement of expenses from masters, owners, agents and applicable insurance sources
(3) Despite subsections (1) and (2), a person is not precluded from seeking reimbursement for expenses incurred in providing a prescribed health measure in relation to a traveller:
(a) if the traveller entered Australia as a member of the crew of a vessel--from the master, owner, or agent, of the vessel; or
(b) in any case--from an applicable insurance source.
Definitions
(4) In this section:
"applicable insurance source" has the same meaning as in Article 40 of the International Health Regulations.
"member of the crew" of a vessel includes the master of the vessel.
64D Tariff of amounts payable for prescribed health measures
(1) The Minister may, by legislative instrument, make a tariff setting the amount payable for the provision of a prescribed health measure in relation to a traveller who is seeking temporary residence or permanent residence in Australia.
Note: For the effect of a tariff, see subsection 64C(2).
(2) The amount set must not exceed the actual cost of the provision of the prescribed health measure.
(3) A tariff must not take effect before the tenth day after it is registered under the Legislative Instruments Act 2003 .
Division 4 -- Recovery of expenses
10 Subsection 86E(1B)
Omit "notice published in the Gazette ", substitute "legislative instrument".
Note 1: The following heading to subsection 86E(1A) is inserted " Definitions ".
Note 2: The following heading to subsection 86E(1B) is inserted " Determination of basic fees ".
11 Subsection 86E(1)
Omit "A determination", substitute "Subject to subsection (1AA), a determination".
12 Paragraph 86E(1)(a)
Omit "or services", substitute ", services or other quarantine measures".
13 After subsection 86E(1)
Insert:
(1AA) The Minister's power to make a determination that relates to the provision of a prescribed health measure in relation to a traveller is subject to Division 3 of Part VI.
14 Subsection 86E(2)
Omit "A determination", substitute "Subject to Part VI, a determination".
15 Subsections 86E(2AA) and (2AB)
Repeal the subsections.
Note: The following heading to subsection 86E(2B) is inserted " Late payment fees ".
16 After subsection 86E(2CA)
Insert:
(2CB) Subsections (2B), (2C) and (2CA) do not apply in relation to a fee payable for the provision of a prescribed health measure in relation to a traveller.
17 Subsection 86E(2D)
Repeal the subsection.
Note 1: The following heading to subsection 86E(2E) is inserted " Booking fees and deposits ".
Note 2: The following heading to subsection 86E(2G) is inserted " Unpaid fees and deposits ".
18 After subsection 86E(2G)
Insert:
Minister may remit and refund fees
(2H) The Minister may remit or refund the whole or a part of a fee specified in a determination and payable or paid to the Commonwealth if he or she is satisfied that there are exceptional circumstances that justify doing so.
19 Subsections 86E(3) and (4)
Repeal the subsections.
20 Subsection 86E(5)
Repeal the subsection.
21 Application
Main amendments
(1) The amendments of the Quarantine Act 1908 made by this Schedule (other than items 10, 12, 14, 15, 17, 18, 19 and 20) apply in relation to prescribed health measures provided after the commencement of this Schedule.
Amendments relating to the remission of fees
(2) The amendments of the Quarantine Act 1908 made by items 15, 17, 18 and 20 apply in relation to fees that become payable after the commencement of those items.
[ Minister's second reading speech made in--
House of Representatives on 19 March 2008
Senate on 16 June 2008 ]
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(64/08) |