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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 Minister 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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