Contravening a Human Biosecurity Emergency Requirement or Direction is an offence under section 479 of the Biosecurity Act 2015 (Cth), which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The Governor-General may declare a human biosecurity emergency if the Health Minister is satisfied that:
A human biosecurity emergency declaration can last no longer than the health minister considers it necessary to prevent or control:
It cannot, in any case, last longer than 3 months however, the declaration can be renewed an unlimited number of times if the health minister is satisfied that:
The health minister is empowered to impose requirements necessary to prevent or control:
These requirements can, among other things:
The health minister is empowered to give directions during a human biosecurity period that are necessary to prevent or control:
Directions are permissible provided they are necessary to facilitate the imposed human biosecurity emergency requirements.
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