Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

I move amendment (1) on sheet 1306:

(1) Schedule 1, page 4 (after line 3), at the end of the Schedule, add:

3 At the end of subsection 477(1)

Add:

Note 3: Certain requirements must not be determined under this subsection, such as a requirement that prevents an Australian citizen or permanent resident who is overseas from returning to Australia (see subsections (5A) and (6)).

4 At the end of paragraph 477(3)(b)

Add "(subject to subsection (5A))".

5 After subsection 477(5)

Insert:

Determination must not include certain matters

(5A) A determination made under subsection (1) must not prevent or restrict an Australian citizen, or a permanent resident (within the meaning of the Australian Citizenship Act 2007), who is outside Australian territory from entering Australian territory.

(5B) To avoid doubt, subsection (5A) does not mean that other requirements in a determination made under subsection (1) cannot apply to those persons upon entering Australian territory.

6 At the end of subsection 478(1)

Add:

Note 3: Certain directions must not be given under this subsection, such as a direction that prevents or restricts an Australian citizen or permanent resident who is overseas from returning to Australia (see subsections (5A) and (6)).

7 After subsection 478(5)

Insert:

Direction must not require certain matters

(5A) A direction given under subsection (1) must not prevent or restrict an Australian citizen, or a permanent resident (within the meaning of the Australian Citizenship Act 2007), who is outside Australian territory from entering Australian territory.

(5B) To avoid doubt, subsection (5A) does not mean that other directions under subsection (1) cannot be given to those persons upon entering Australian territory.

8 Application of amendments — human biosecurity emergency powers

The amendments of the Biosecurity Act 2015 made by items 3 to 7 of this Schedule apply in relation to:

(a) a determination under subsection 477(1) of that Act; or

(b) a direction under subsection 478(1) of that Act;

that is made on or after the commencement of this item (regardless of whether the human biosecurity emergency period during which the determination or direction is made begins before, on or after that commencement).

In my speech on the second reading I made my contribution in relation to this amendment. I just urge that people have a look at this. It's about ensuring that government doesn't abuse the power to keep Australians from returning to Australia during a biosecurity emergency. It doesn't stop the government imposing other restrictions on Australians returning, such as quarantine or giving them a direction as to where to go, but we must look after Australians who are in difficulty overseas, especially during a pandemic.

Glenn Sterle (WA, Australian Labor Party, Shadow Assistant Minister for Road Safety) Share this | Link to this | Hansard source

I rise just to let Senator Patrick know that Labor will not be supporting his amendment.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The Australian Greens will be supporting Senator Patrick's amendment, and we look forward to the vote.

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

The government won't be supporting Senator Patrick's amendment, although we do acknowledge the intent of the amendment. During a human biosecurity emergency period, the health minister may, in accordance with sections 477 and 478 of the act, determine emergency requirements that he or she is satisfied are necessary to prevent or control the entry, emergence, establishment or spread of the declaration listed human disease—such as COVID-19—in an Australian territory or a part of an Australian territory. A person who fails to comply with the requirements may commit a criminal offence.

The Australian government has established protocols for the exercise of emergency powers under the act to ensure that the emergency powers are used only where necessary to protect the health of Australians based on expert health advice and following appropriate consultation. The bill contains existing provisions to ensure that the powers are used only where appropriate and necessary and, therefore, the amendments are not necessary, are not proportionate and could impact on the government's ability to respond to this and future health emergencies.

The TEMPORARY CHAIR: The question before the Senate is that amendment (1) on sheet 1306 moved by Senator Patrick be agreed to.