Document ID: chunk:federal_register_of_legislation:C2025C00015:section:475
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 475
Character Range: 750833–753165

475  Governor‑General may declare that a human biosecurity emergency exists
 (1) The Governor‑General may declare that a human biosecurity emergency exists if the Health Minister is satisfied that:
 (a) a listed human disease is posing a severe and immediate threat, or is causing harm, to human health on a nationally significant scale; and
 (b) the declaration is necessary to prevent or control:
 (i) the entry of the listed human disease into Australian territory or a part of Australian territory; or
 (ii) the emergence, establishment or spread of the listed human disease in Australian territory or a part of Australian territory.
Note 1: The declaration is a human biosecurity emergency declaration (see section 9).
Note 2: For revocation, see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901.
Note 3: A human biosecurity emergency declaration may be varied under section 476. Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to variation of a human biosecurity emergency declaration.
 (2) A human biosecurity emergency declaration is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.

Requirements for human biosecurity emergency declaration
 (3) A human biosecurity emergency declaration must specify:
 (a) the listed human disease to which the declaration relates; and
 (b) the nature of the human biosecurity emergency and the conditions that gave rise to it; and
 (c) the period during which the declaration is in force.
Note 1: The listed human disease specified under paragraph (3)(a) is the declaration listed human disease (see section 9).
Note 2: The period specified under paragraph (3)(c) is the human biosecurity emergency period (see section 9).
 (4) A human biosecurity emergency period:
 (a) must not be longer than the period that the Health Minister considers necessary 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; and
 (b) in any case, must not be longer than 3 months.
Note: A human biosecurity emergency period may be extended under section 476.