Biosecurity Amendment (Strengthening Penalties) Bill 2021

The majority voted against an amendment introduced by South Australian Senator Rex Patrick (Independent), which means it failed.

Senator Patrick explained his amendment during the second reading stage:

The amendment I'm moving seeks to deal with a situation we had a few weeks ago where the government sought to use biosecurity measures to prevent Australians from returning home—in fact, to make it a criminal offence for Australians who may be overseas during a biosecurity emergency to return back to their home country. That is inconsistent with the idea of the rights of citizenship; it's inconsistent with the moral obligation the government has to assist Australians when they are overseas and find themselves in difficulty. My amendment will make it very clear that the power that was exercised by the health minister to prevent Australians who were in India from returning home can never be exercised again in that manner.

Motion text

(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).