Document ID: chunk:federal_register_of_legislation:C2025C00015:section:113
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 113
Character Range: 216031–218398

113  Determining human health response zones
 (1) The Director of Human Biosecurity may determine that a specified area within a State or Territory is a human health response zone if the Director is satisfied that it is necessary to do so for the purposes of preventing, or reducing the risk of, a listed human disease emerging, establishing itself or spreading in Australian territory or a part of Australian territory.
Note 1: For consultation and notification requirements, see sections 114 and 115.
Note 2: Under Division 6 of Part 2 of this Chapter, an officer may ask questions, or require written information, of an individual who is in a human health response zone.
 (2) Without limiting subsection (1), a specified area may consist of the whole or a part of a specified building.

Contents of a determination
 (3) The determination must also specify:
 (a) the listed human disease to which the determination relates; and
 (b) either or both of the following:
 (i) any requirements for individuals who are entering or leaving the zone;
 (ii) a requirement that specified classes of individuals must not enter the zone; and
 (c) the period during which the determination is in force, which must not be more than 3 months.
Note: A person who does not comply with a requirement of a human health response zone determination might contravene a civil penalty provision (see section 116).
 (4) A requirement must not be specified in a determination unless the Director of Human Biosecurity is satisfied that the requirement is appropriate and adapted to prevent, or reduce the risk of, the specified listed human disease emerging, establishing itself or spreading in Australian territory or a part of Australian territory.
 (5) A determination must not specify as a requirement a biosecurity measure described in Subdivision B of Division 3 of Part 3 of this Chapter (biosecurity measures that may be included in a human biosecurity control order).

Period of determination
 (6) If a determination ceases to be in force, the Director of Human Biosecurity may make another determination specifying the same area covered by the previous determination.

Determination not subject to disallowance
 (7) A determination made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.