Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BIOSECURITY ACT 2015 - SECT 103

Detention

                  (1)   An individual may be detained by a person referred to in subsection (3) of this section if:

                     (a)  either:

                              (i)  the individual fails to comply with a requirement to remain at a place under section 68; or

                             (ii)  the individual fails to comply with an isolation measure that the individual is required to comply with under subsection 74(4); and

                     (b)  a human biosecurity officer or chief human biosecurity officer is satisfied:

                              (i)  of the matters in paragraphs 34(2)(a) to (f) (the principles); and

                             (ii)  that the detention is necessary because, without detention, the individual may pose a significant risk of contagion.

Note:          For when an individual must be released from detention, see section 105.

             (2)  An individual who is detained for failing to comply with an isolation measure may be detained only for the purpose of taking the individual to the medical facility referred to in section 97.

Who may detain an individual

                  (3)   The individual may be detained by:

                            (a)    a member or special member of the Australian Federal Police; or

                            (b)    a member of the police force of a State or Territory; or

                            (c)    a protective services officer (within the meaning of the Australian Federal Police Act 1979 ).

Agreement of State or Territory required

             (4)  A member of the police force of a State or Territory must not exercise a power under this section unless the exercise of the power is in accordance with an agreement between the Commonwealth and the State or Territory concerned.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback