Legal Basis of Border Closure During COVID-19 in Australia
The laws are found in the determinations made under the Biosecurity Act 2015 at the federal level and for States, they can be found in the Public Health Act(s).
OUTBOUND (International)
Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020:
This Requirement generally forbids Australian citizens and permanent residents from leaving Australian territory by air or sea as a passenger. It also forbids the operator of an outgoing aircraft or vessel from leaving Australian territory with an Australian citizen or permanent resident on board as a passenger.
INBOUND (International)
2. Under section 193 of the Biosecurity Act 2015, the operator of an aircraft is required to report prescribed information before landing.
3. Section 237 of the Biosecurity Act 2015 requires overseas aircraft to land at a landing place that has been determined the first point of entry under section 223 of the Biosecurity Act 2015, unless specific permission has been granted under section 239 or a direction given under sections 241-42. Additionally, some first points of entry will have designated Biosecurity Entry Points (section 238) where particular aircraft or goods must be brought as soon as practicable, in order to manage the biosecurity risks associated with them.
Each first point of entry has its own determinations which detail the classes of aircraft and goods that may be landed, any Biosecurity Entry Points, and conditions under which the landing place operates as a first point of entry.
INTERSTATE BORDER CLOSURE
4. Not all States have shut completely. For the purpose of this, we have chosen Queensland as an example.
5. Chief Health Officer made a direction pursuant to the powers under s362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.
6. This Public Health Direction replaces the Public Health Direction – Border Restrictions (No.3) given on 2 April 2020.
7. This Public Health Direction is to be read in conjunction with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.
8. This Public Health Direction may be referred to as the Public Health Direction – Border Restrictions (No.4).
How Can Agape Henry Crux Help
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