← Australia · 2020

witharrow.ai/volatility-index/australia/fcp3-85c2930959d39fa034aa

Australia introduces an outbound passenger travel prohibition with statutory and discretionary exemptions

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateMarch 25, 2020
CategoryOutbound border restrictions
Policy toolPassenger departure prohibition and exemptions
Affected groupAustralian citizens and permanent residents departing as passengers, and outgoing aircraft and vessel operators

Policy effect

From 12 pm on March 25, 2020, Australian citizens and permanent residents were prohibited from leaving Australian territory as passengers on outgoing aircraft or vessels, and operators were prohibited from departing with them aboard, unless an exemption applied. General exemptions covered people ordinarily resident outside Australia; crew members or safety/maintenance workers associated with an aircraft or vessel other than the outgoing aircraft or vessel; people engaged in day-to-day inbound or outbound freight; travel associated with essential work at an offshore facility; and official government business, including Australian Defence Force members. An APS employee in the Australian Border Force could grant a written exemption to the citizen, permanent resident or operator in exceptional circumstances, demonstrated by a compelling reason for needing to leave Australian territory. This record describes the original determination’s prohibition and exemptions at commencement, not later amendments or its eventual termination.

Conditions and exceptions

Validated condition or limit: From 12 pm on March 25, 2020, Australian citizens and permanent residents were prohibited from leaving Australian territory as passengers on outgoing aircraft or vessels, and operators were prohibited from departing with them aboard, unless an exemption applied.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 I, Greg Hunt, Minister for Health, make the following determination. Dated 25 March 2020 Greg Hunt Minister for Health OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Contents Part 1—Preliminary 1 1 Name ........................................................................................................................... 1 2 Commencement .......................................................................................................... 1 3 Authority ..................................................................................................................... 1 4 Definitions .................................................................................................................. 1 Part 2—Requirements 3 5 Persons not to travel outside Australian territory after 12 pm, 25 March 2020 ........... 3 6 Exemptions—general .................................................................................................. 3 7 Exemptions—granted by an APS employee in the Australian Border Force .............. 3 Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic i Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Preliminary Part 1 Section 1 Part 1—Preliminary 1 Name This instrument is the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this 12 pm on 25 March 2020. 12 pm on 25 March 2020 instrument Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under subsection 477(1) of the Biosecurity Act 2015. 4 Definitions Note: A number of expressions used in this instrument are defined in the Biosecurity Act 2015, including the following: (a) Australian territory; (b) operator; (c) passenger. In this instrument: Australian Border Force has the same meaning as in the Australian Border Force Act 2015. Australian citizen has the same meaning as in the Australian Citizenship Act 2007. Australian Defence Force has the same meaning as in the Defence Act 1903. member has the same … as in the Defence Act 1903. Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic 1 Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Part 1 Preliminary Section 4 permanent resident has the same meaning as in the Australian Citizenship Act 2007. 2 Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Requirements Part 2 Section 5 Part 2—Requirements 5 Persons not to travel outside Australian territory after 12 pm, 25 March 2020 (1) An Australian citizen or permanent resident (the person) must not leave Australian territory as a passenger on an outgoing aircraft or vessel on or after the time this instrument commences unless: (a) an exemption set out in section 6 applies to the person; or (b) an exemption is granted to the operator of the aircraft or vessel or the person by an APS employee in the Australian Border Force under section 7. (2) An operator of an outgoing aircraft or vessel must not leave Australian territory on or after the time this instrument commences with any passenger who is an Australian citizen or permanent resident (the person) on board the aircraft or vessel unless: (a) an exemption set out in section 6 applies to the person; or (b) an exemption is granted to the operator or person by an APS employee in the Australian Border Force under section 7. 6 Exemptions—general An exemption from the requirements of section 5 applies to the following persons: (a) a person ordinarily resident in a country other than Australia; (b) a person who is member of the crew of an aircraft or vessel (other than the outgoing aircraft or vessel) or is a worker associated with the safety or maintenance of an aircraft or vessel (other than the outgoing aircraft or vessel); (c) a person engaged in the day-to-day conduct of inbound and outbound freight; (d) a person whose travel is associated with essential work at an offshore facility; (e) a person who is travelling on official government business (including a member of the Australian Defence Force). 7 Exemptions—granted by an APS employee in the Australian Border Force (1) In exceptional circumstances, an APS employee in the Australian Border Force may grant an exemption to: (a) an Australian citizen; or (b) a permanent resident; or (c) an operator of an outgoing aircraft or vessel. (2) For the purposes of subsection (1), exceptional circumstances are demonstrated by the Australian citizen, permanent resident or operator providing a compelling reason for needing to leave Australian territory. Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic 3 Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Part 2 Requirements Sec …
Federal Register of LegislationBiosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020, F2020L00306, sections 2 and 4–7, as made March 25, 2020.Open official source
Retrieved from https://www.legislation.gov.au/F2020L00306/asmade/2020-03-25/text/original/pdf

Review method

Source-based draft with independent Gemini 3.8 Flash verification

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp3-85c2930959d39fa034aa. Something wrong? Flag this record.

Other Australia changes operative in 2020