Biosecurity (Managing Human Remains) Instrument 2026

Contents

Part 1 · Preliminary

1Name#

This instrument is the Biosecurity (Managing Human Remains) Instrument 2026.

2Commencement#

These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

(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 instrument	1 October 2026.	1 October 2026

Note: This table relates only to the provisions of this instrument as originally made.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.

3Authority#

This instrument is made under subsections 110(2) and 112(1) of the Biosecurity Act 2015.

4Schedules#

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5Definitions#

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Australian territory;

(b) biosecurity officer;

(d) landing place;

(e) listed human disease;

(f) port.

In this instrument:

Act means the Biosecurity Act 2015.

hermetically-sealed container means an airtight container that bodily fluids cannot leak from when sealed.

human biosecurity official has the same meaning as in the Biosecurity Regulations 2026.

medical practitioner means a person registered or licensed as a medical practitioner under an Australian or foreign law that provides for the registration or licensing of medical practitioners.

Part 2 · Managing human remains

6Human remains brought into Australian territory#

(1)For the purposes of subsection 110(2) of the Act:

(a)column 1 of an item of the following table specifies classes of human remains; and

(b)column 2 of that item specifies the requirements for either or both of the following:

(i)bringing human remains in those classes into Australian territory;

(ii)managing human remains in those classes after bringing them into Australian territory.

Classes of human remains and requirements for bringing human remains into Australian territory and managing them
Item	Column 1Classes of human remains	Column 2Requirements
1	Deceased humans’ bodies or parts of deceased humans’ bodies intended to be buried or cremated	All of the following:(a) the bringing of the body or part of the body into Australian territory must be permitted under subsection (2), or the body or part of the body must be brought into Australian territory accompanied by any of the following:(i) an official copy of an official certificate in which the cause of death is specified;(ii) an official extract from an entry in an official register in which the cause of death is specified;(iii) a certificate from a medical practitioner that is in accordance with subsection (3);(iv) an official copy of an official embalming certificate;(b) the body or part of the body must be brought into Australian territory in a hermetically-sealed container;(c) each person bringing the body or part of the body into Australian territory must follow infection control procedures during transportation of the body or part of the body, including appropriate use of personal protective equipment;(d) the body or part of the body must, under the control or direction of a coroner or funeral director, be transported in a hermetically-sealed container from the first landing place or port in Australian territory where the body or part of the body is brought;(e) each person handling the body or part of the body while it is in Australian territory must follow infection control procedures, including appropriate use of personal protective equipment
2	Deceased humans’ bodies or parts of deceased humans’ bodies intended to be used for scientific or research purposes	All of the following:(a) either:(i) the bringing of the body or part of the body into Australian territory must be permitted under subsection (2); or(ii) the body or part of the body must be brought into Australian territory accompanied by a written declaration, made by a person bringing the body or part of the body into Australian territory, that is in accordance with subsection (4);(b) the body or part of the body must be brought into Australian territory in a hermetically-sealed container;(c) each person bringing the body or part of the body into Australian territory must follow infection control procedures during transportation of the body or part of the body, including appropriate use of personal protective equipment;(d) each person handling the body or part of the body while it is in Australian territory must follow infection control procedures, including appropriate use of personal protective equipment;(e) the body or part of the body must be stored in an appropriate containment facility while it is in Australian territory
3	Deceased humans’ bodies or parts of deceased humans’ bodies intended to be used for a purpose not covered by item 1 or 2 of this table	Permission to bring the body or part of the body into Australian territory must be given by a human biosecurity official:(a) before the body or part of the body is brought into Australian territory; or(b) at the first landing place or port in Australian territory where the body or part of the body is brought

Note 1: Human remains do not include the cremated remains of a deceased human’s body or hair, teeth or bones of a deceased human’s body that have been separated from the deceased human’s body or a part of the deceased human’s body (see the definition of human remains in section 9 of the Act). There are no requirements under the Act for bringing the cremated remains of a deceased human’s body into Australian territory or managing such remains after bringing them into Australian territory.

Note 2: Hair, teeth or bones of a deceased human’s body that have been separated from the deceased human’s body, or a part of the deceased human’s body, must not be brought or imported into Australian territory unless the conditions (if any) specified in the determinations made under subsection 174(1) of the Act are complied with.

Note 3: An individual may also be required to answer questions or provide written information in relation to human remains (see paragraph 56(1)(c) of the Act).

Note 4: A biosecurity officer, human biosecurity officer or chief human biosecurity officer may also give a direction for managing specified human remains to the person who is responsible for the human remains (see section 111 of the Act).

Permission to bring body or part of body into Australian territory

(2)Bringing a body or part of a body into Australian territory is permitted under this subsection if:

(a)permission to bring the body or part of the body into Australian territory is given by a human biosecurity official before the body or part of the body is brought into Australian territory; or

(b)permission to bring the body or part of the body into Australian territory is given by a human biosecurity official at the first landing place or port in Australian territory where the body or part of the body is brought; or

(c)both of the following apply:

(i)permission (the interim permission) is given by a biosecurity officer, at the first landing place or port in Australian territory where the body or part of the body is brought, for the body or part of the body to be transported from that landing place or port to a specified place under the control of a specified person;

(ii)within 24 hours after the interim permission is given, permission to bring the body or part of the body into Australian territory is given by a human biosecurity official.

Note: This subsection applies to paragraph (a) of column 2 of item 1, and subparagraph (a)(i) of column 2 of item 2, of the table in subsection (1).

Requirements for certificate from medical practitioner

(3)For the purposes of subparagraph (a)(iii) of column 2 of item 1 of the table in subsection (1), the certificate must state:

(a)if the body or part of the body has, or had before death, one or more signs or symptoms of a listed human disease—that fact and the listed human disease; or

(b)that the body or part of the body does not have, or did not before death have, one or more signs or symptoms of a listed human disease.

Requirements for declaration from person bringing in body or part of body

(4)For the purposes of subparagraph (a)(ii) of column 2 of item 2 of the table in subsection (1), the declaration must state:

(a)that the body or part of the body has been donated for scientific or research purposes; and

(b)either:

(i)if the person making the declaration is aware that the body or part of the body has, or had before death, one or more signs or symptoms of a listed human disease—that fact and the listed human disease; or

(ii)that, as far as the person making the declaration is aware, the body or part of the body does not have, or did not before death have, one or more signs or symptoms of a listed human disease.

7Individuals who have died in transit or on arrival#

For the purposes of subsection 112(1) of the Act:

(a)column 1 of an item of the following table specifies classes of persons who bring into Australian territory, or who manage, the bodies of deceased individuals who die:

(i)in transit before arriving in Australian territory; or

(ii)on arrival in Australian territory; and

(b)column 2 of that item specifies the requirements for persons in those classes.

Requirements for individuals who have died in transit or on arrival
Item	Column 1Classes of persons	Column 2Requirements
1	Biosecurity officers	The biosecurity officer must:(a) identify any risk of a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory as a result of the body of a deceased individual being brought into Australian territory; and(b) inform a human biosecurity official of any identified risk of a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory as a result of the body being brought into Australian territory; and(c) follow infection control procedures, including appropriate use of personal protective equipment; and(d) take the measures (if any) required by a human biosecurity official to prevent, or reduce the risk of, a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory as a result of the body being brought into Australian territory
2	Persons other than biosecurity officers	The person must:(a) identify any risk of a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory as a result of the body of a deceased individual being brought into Australian territory; and(b) follow infection control procedures, including appropriate use of personal protective equipment; and(c) take the measures (if any) required by a human biosecurity official to prevent, or reduce the risk of, a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory as a result of the body being brought into Australian territory

Note 1: An individual may also be required to answer questions or provide written information in relation to an individual who has died in transit before arriving, or on arrival, in Australian territory (see paragraph 56(1)(c) of the Act).

Note 2: A biosecurity officer, human biosecurity officer or chief human biosecurity officer may also give a direction for managing specified human remains to the person who is responsible for the human remains (see section 111 of the Act).

Note 3: An operator of an aircraft or vessel may also be required to include in a report details of any individuals on board who have died during the flight or voyage (see Part 1 of Chapter 3 of the Biosecurity Regulations 2026).

Schedule 1 · Repeals

Biosecurity (Managing Human Remains) Instrument 2016 #

1 The whole of the instrument

Repeal the instrument.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Biosecurity (Managing Human Remains) Instrument 2026

Part 1 · Preliminary

1Name#

2Commencement#

3Authority#

4Schedules#

5Definitions#

Part 2 · Managing human remains

6Human remains brought into Australian territory#

Permission to bring body or part of body into Australian territory

Requirements for certificate from medical practitioner

Requirements for declaration from person bringing in body or part of body

7Individuals who have died in transit or on arrival#

Schedule 1 · Repeals

Biosecurity (Managing Human Remains) Instrument 2016 #

Defined terms · 4

History · 1 version

Key facts

Part 1 · Preliminary

1Name#

2Commencement#

3Authority#

4Schedules#

5Definitions#

Part 2 · Managing human remains

6Human remains brought into Australian territory#

Permission to bring body or part of body into Australian territory

Requirements for certificate from medical practitioner

Requirements for declaration from person bringing in body or part of body

7Individuals who have died in transit or on arrival#

Schedule 1 · Repeals

Biosecurity (Managing Human Remains) Instrument 2016 #