COVID-19: The Governor-General declares a human biosecurity emergency

Carla Velasquez • March 18, 2020

Bio-security emergency declared

The Governor-General has declared that a human biosecurity emergency exists under the Biosecurity Act 2015 (Cth) for the period of 3 months from 18 March 2020. The declaration is made under section 475 of the Biosecurity Act 2015 (Cth). 

The nature of the human biosecurity emergency is that human coronavirus with pandemic potential is an infectious disease which:
  1. has entered Australian territory; and
  2. is fatal in some cases; and
  3. there was no vaccine against, or antiviral treatment for, immediately before the commencement of this instrument; and
  4. it is posing a severe and immediate threat to human health on a nationally significant scale.
The Biosecurity Act 2015 (Cth) provides special powers for dealing with emergencies involving threats or harm to human health on a nationally significant scale.

The Governor-General may make a human biosecurity emergency declaration if the Health Minister is satisfied that the special powers in this Part are needed to deal with a human biosecurity emergency.

The special emergency powers are in addition to the powers generally available under Chapter 2 (managing biosecurity risks: human health), which may also be used to deal with a human biosecurity emergency. 

The declaration will be in effect until 18 June 2020. Three months is the longest period that a human biosecurity emergency can be in force but the period may be extended under section 476.