The Biosecurity Act 2015 is THE piece of federal legislation in Australia that sets out the parameters of the response to threats like Covid-19. This page highlights the sections in the Act that are relevant to many of the Directives that the South Australian government is imposing on the public.
Federal Overrides State
Constitution of the Commonwealth of Australia – Section 109 – “when a law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid”
Biosecurity Act – Section 8 – “This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act”
The Biosecurity Act Is Australia’s Law Regarding Covid
Biosecurity Act – Section 3 – “This Act is about managing diseases and pests that may cause harm to human, animal or plant health or the environment.”
Main Method Of Managing Risk
Biosecurity Act – Section 3 – “The main method of managing risks to human health is by imposing a human biosecurity control order on an individual who may have a listed human disease.”
Who Can Impose A Control Order On An Individual
Biosecurity Act – Section 60 (1) – “The following officers may impose a human biosecurity control order on an individual: (a) a chief human biosecurity officer; (b) a human biosecurity officer; (c) a biosecurity officer.”
When Can A Control Order Be Imposed
Biosecurity Act – Section 60 (2) – “A human biosecurity control order may be imposed on an individual only if the officer is satisfied that: (a) the individual has one or more signs or symptoms of a listed human disease; or (b) the individual has been exposed to: (i) a listed human disease; or (ii) another individual who has one or more signs or symptoms of a listed human disease;”
Limitations When Imposing Control Orders
Biosecurity Act – Section 34 – This section details the limitations under which control orders can be imposed and included these phrases to define them: “appropriate and adapted to manage the risk”, “circumstances are sufficiently serious”, “no more restrictive or intrusive than is required in the circumstances” and “that the period is only as long as is necessary”.
Restricting Movement (Lockdowns)
Biosecurity Act – Section 87 – “An individual may be required by a human biosecurity control order to go to, and remain at, the individual’s intended place of residence for a specified period.”
Forced Mask Wearing
Biosecurity Act – Section 88 – “An individual may be required by a human biosecurity control order to wear either or both specified clothing and equipment that is designed to prevent a disease from emerging, establishing itself or spreading.
Contact Tracing is On An Individual Basis
Biosecurity Act – Section 69 (1) – “An officer who intends to impose a human biosecurity control order on an individual may require the individual to provide the officer with prescribed contact information for the individual.”
Forced Medical Testing
Biosecurity Act – Section 90 – “An individual may be required by a human biosecurity control order to undergo, at a specified medical facility, a specified kind of examination relating to determining the presence in the individual of: (a) the listed human disease specified in the order; and (b) any other listed human disease.
Forced Vaccines Or Medical Treatment
Constitution of the Commonwealth of Australia – Section 51 23(A) – “the provision of maternity allowances, widows’ pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances”
Forced Business Closures Are Limited To A Specified Area
Biosecurity Act – Section 113 (1) – “The Director of Human Biosecurity may determine that a specified area within a State or Territory is a human health response zone …”
No Use Of Force
Biosecurity Act – Section 95 – “Force must not be used against an individual to require the individual to comply with a biosecurity measure imposed under any of sections 85 to 93”
Summary
There is no allowance for any state in Australia to mandate blanket lockdowns, business closures, contact tracing, mask wearing, testing or vaccinations. They can only be imposed on an individual basis through the use of Control Orders which can only be imposed by a Bio Security officer.
Disclaimer and Warning
When reading the Constitution and the Biosecurity Act it appears very cut and dry as to how the laws work in Australia. However, the SA police are largely unaware of the federal laws and are basically doing as they are told by their commanding officers, which is to enforce the state Directives. Thus they may give out fines to anyone who “breaks” the state Directives, even though those Directives are over-ridden by federal laws. To fight them in court is not a simple process and can get very expensive. Please do not mistake the information on this page as a recommendation to stand up for your rights and break the state Directives.
One Response
Can land lord insist on tenants being vaxxed? I just saw a To Let notice on facebook that stipulated that applicants be fully vaxxed and show proof of said vax to would be landlord.
Is this legal?