Contents
Part 1 · Preliminary
2Commencement#
(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Note: This table relates only to the provisions of this instrument as originally made.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.
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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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) biosecurity measures;
(b) International Health Regulations;
(c) listed human disease;
(d) operator;
(e) sanitation health risk;
(f) vector;
(g) vessel.
In this instrument:
Australian resident means an individual who lives in Australia and is:
(a)an Australian citizen; or
(b)the holder of a permanent visa (within the meaning of the Migration Act 1958).
contamination has the meaning given by the International Health Regulations.
declared port means a port declared by the Director of Human Biosecurity under subsection 256(1) of the Act.
Note: See the Biosecurity (Ship Sanitation Certification Scheme—Ports) Declaration 2026.
infection has the meaning given by the International Health Regulations.
International Code of Signals means the International Code of Signals, 2005 Edition, adopted by the Inter-Governmental Maritime Consultative Organization and published by the International Maritime Organization, as existing on 1 October 2026.
Note: The code could in 2026 be viewed on the International Maritime Organization’s e-Publications website (https://imo-epublications.org).
Movements Declaration means the Biosecurity (Movements between Parts of Australian Territory) Declaration 2026, as in force on 1 October 2026.
non-commercial vessel means a vessel that is used, or is intended to be used, wholly for recreational purposes (whether or not crew are employed on the vessel).
reservoir has the meaning given by the International Health Regulations.
ship sanitation certificate means:
(a)a ship sanitation control certificate; or
ship sanitation certification inspection: see paragraph 13(1)(a).
ship sanitation certification scheme: see section 11.
ship sanitation control certificate means a certificate that is:
(a)issued under subsection 14(2); or
(b)recognised under subsection 15(2).
ship sanitation control exemption certificate means a certificate that is:
(a)issued under subsection 14(6); or
(b)recognised under subsection 15(3).
Part 2 · Preventing risks to human health
6Requirements for operators to provide 24/7 contact information#
Contact information for nominated individual
(1)For the purposes of subsection 47(2) of the Act, the following contact information for an individual is prescribed:
(a)the name and phone number of the operator that has nominated the individual;
(b)the operator’s business address, being an address in Australia if the operator has a business address in Australia;
(c)the individual’s job title and contact details.
Exemption from requirement to provide 24/7 contact information
(2)For the purposes of section 616 of the Act, if a movement of an aircraft or vessel described in item 5, 6, 8 or 9 of the table in section 5 of the Movements Declaration occurs, the operator of the aircraft or vessel is exempt from subsection 47(2) of the Act in relation to that movement.
Note: The effect of this subsection is that the operator is not required to provide contact information for a nominated individual in relation to the movement of the aircraft or vessel.
7Exemption from pratique#
For the purposes of section 616 of the Act, if a movement of an aircraft or vessel described in item 5, 6, 8 or 9 of the table in section 5 of the Movements Declaration occurs, the operator or the person in charge of the aircraft or vessel is exempt from sections 48 and 49 of the Act in relation to that movement.
Note: The effect of this subsection is that pratique is not required to be granted in relation to the aircraft or vessel.
Part 3 · Managing risks to human health: human biosecurity control orders
8Contact information for individuals#
For the purposes of subsection 69(1) and section 85 of the Act, the following contact information for an individual is prescribed:
(a)the individual’s name;
(b)the individual’s date of birth and sex;
(c)the individual’s passport number;
(d)the individual’s country of residence;
(e)a telephone number on which the individual can be contacted while in Australian territory;
(f)if the individual is an Australian resident—the individual’s residential address;
(g)if the individual is not an Australian resident:
(i)the individual’s residential address while in Australian territory; and
(ii)the date that the individual intends to depart from Australian territory.
9Requirements for taking, storing, etc. body samples#
(2)The body samples must be taken in a manner consistent with appropriate medical standards.
(3)The body samples must be stored, transported, labelled and used in a manner consistent with appropriate professional standards that are relevant to managing the risks to human health of listed human diseases.
Person must comply with requirements
(4)A person contravenes this subsection if:
(a)the person is required to comply with a requirement in subsection (2) or (3) in relation to a body sample; and
(b)the person does not comply with the requirement.
Fault-based offence
(5)A person commits an offence if the person contravenes subsection (4).
Penalty: 50 penalty units.
Civil penalty provision
(6)A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 50 penalty units.
Part 4 · Quarantine signals
10Quarantine signals#
(1)For the purposes of subsection 221(2) of the Act, this section prescribes:
(a)quarantine signals; and
(b)the circumstances in which quarantine signals must be displayed on a vessel within Australian territory; and
(c)the manner in which quarantine signals must be displayed.
Quarantine signals during daylight
(2)The quarantine signal during daylight for a vessel that is not in a class specified for the purposes of paragraph 49(1)(a) of the Act is the flag signal for the letter Q in the International Code of Signals.
(3)The quarantine signal during daylight for a vessel that is in a class specified for the purposes of paragraph 49(1)(a) of the Act is the 2-flag signal for the letters QQ in the International Code of Signals.
(4)A quarantine signal referred to in subsection (2) or (3) must be displayed:
(a)at the masthead of the vessel; or
(b)at another position from which the signal can be seen from any point outside the vessel.
Quarantine signals other than during daylight
(5)The quarantine signal other than during daylight for a vessel that is in a class specified for the purposes of paragraph 49(1)(a) of the Act is a red light displayed not more than 2 metres above a white light.
(6)The lights referred to in subsection (5) must be:
(a)displayed on the vessel in a position as nearly as practicable amidships; and
(b)visible on a clear night for 2 nautical miles in every direction.
Note 1: Other than during daylight a quarantine signal is not required for a vessel that is not in a class specified for the purposes of paragraph 49(1)(a) of the Act.
Note 2: For classes of vessels specified for the purpose of paragraph 49(1)(a) of the Act, see the Biosecurity (Negative Pratique) Instrument 2026.
Part 5 · Ship sanitation certification scheme
11Ship sanitation certification scheme#
For the purposes of subsection 255(1) of the Act, this Part prescribes a scheme (the ship sanitation certification scheme) in relation to ship sanitation.
Note 2: For the classes of vessels to which the scheme does not apply, see section 20.
13Determining the level of sanitation health risk associated with a vessel#
How level of sanitation health risk is to be determined
(1)For the purposes of paragraph 255(1)(b) of the Act, the level of sanitation health risk associated with a vessel is determined by a biosecurity officer:
(a)conducting an inspection (a ship sanitation certification inspection) of a vessel in accordance with this section for the purpose of determining the level of sanitation health risk associated with the vessel; and
(b)considering information relevant to whether there is a sanitation health risk associated with the vessel.
Conduct of ship sanitation certification inspections
(2)A biosecurity officer must conduct a ship sanitation certification inspection of a vessel if a circumstance mentioned in paragraph 17(a) or (b) applies in relation to the vessel.
Note: Certain provisions of the Act, including Division 4 of Part 2 of Chapter 4, apply (as modified by section 257 of the Act) in relation to the vessel: see section 17 of this instrument and section 257 of the Act. Under that Division, a biosecurity officer may, for example, secure the vessel, ask questions, require documents to be produced or affix a biosecurity control notice to the vessel.
(3)A biosecurity officer may conduct a ship sanitation certification inspection of a vessel if a circumstance mentioned in paragraph 17(c) applies in relation to the vessel.
Note: If a ship sanitation certificate is in force for the vessel, but it is not practicable for the vessel to be inspected at the declared port, the operator of the vessel may request that the certificate be extended (see subsection 18(3)).
When level of sanitation health risk associated with a vessel is unacceptable
(4)For the purposes of paragraph 255(1)(c) of the Act, the circumstances in which the level of sanitation health risk associated with a vessel is unacceptable is that a biosecurity officer, after conducting a ship sanitation certification inspection of the vessel:
(a)is not satisfied that the vessel is free from infection and contamination, including vectors and reservoirs; or
(b)has information, based on evidence (for example, sources of infection and contamination), of a sanitation health risk associated with the vessel.
Biosecurity officer to determine level of sanitation health risk following conduct of ship sanitation certification inspection
(5)After conducting a ship sanitation certification inspection of a vessel, a biosecurity officer must determine that the level of sanitation health risk associated with the vessel is unacceptable if a circumstance mentioned in subsection (4) exists.
(6)After conducting a ship sanitation certification inspection of a vessel, a biosecurity officer must determine that the level of sanitation health risk associated with the vessel is acceptable if:
(a)the officer is satisfied that the vessel is free from infection and contamination, including vectors and reservoirs; and
(b)the officer does not have evidence (for example, sources of infection and contamination), of a sanitation health risk associated with the vessel.
14Issue of ship sanitation certificates#
(1)For the purposes of paragraph 255(1)(d) of the Act, this section provides for the issue of a ship sanitation certificate in relation to the level of sanitation health risk associated with a vessel.
Issue of ship sanitation control certificates
(2)If subsection 13(5) applies in relation to the vessel, a biosecurity officer must issue a ship sanitation control certificate for the vessel.
(3)The ship sanitation control certificate must be issued on the basis that:
(a)the biosecurity officer is satisfied that:
(i)any treatments or other biosecurity measures required to be taken in relation to the vessel under Division 5 of Part 2 of Chapter 4 of the Act have been taken in accordance with any applicable requirements under that Division; and
(ii)on completion of any such treatments or other biosecurity measures, the level of sanitation health risk associated with the vessel is acceptable; or
(b)it is not practicable for any treatments or other biosecurity measures to be taken in relation to the vessel before the vessel leaves Australian territory.
(4)The ship sanitation control certificate must include the following information:
(a)the evidence used, following the ship sanitation certification inspection, to determine that the level of sanitation health risk associated with the vessel was unacceptable;
(b)if paragraph (3)(a) applies—details of any treatment or other biosecurity measures that were taken in relation to the vessel following the ship sanitation certification inspection;
(c)if paragraph (3)(b) applies—details of any treatment or other biosecurity measures required to be taken in relation to the vessel.
(5)If the ship sanitation control certificate is issued on the basis mentioned in paragraph (3)(b), a biosecurity officer must inform the overseas competent authority at the next known port outside Australian territory that the vessel intends to enter of any treatments or other biosecurity measures required to be taken in relation to the vessel.
Issue of ship sanitation control exemption certificates
(6)If subsection 13(6) applies in relation to the vessel, a biosecurity officer must issue a ship sanitation control exemption certificate for the vessel.
Form of ship sanitation certificates
(7)A ship sanitation certificate issued under this section must be in the form approved under section 21 for the applicable kind of certificate.
15Recognition of certificates issued by, or on behalf of, overseas competent authorities#
(1)For the purposes of paragraph 255(1)(e) of the Act, a certificate issued by, or on behalf of, an overseas competent authority may be recognised by an APS employee in the Agriculture Department as a ship sanitation certificate if:
(a)the certificate is issued at a port that is recognised by the World Health Organization as a port at which such certificates may be issued; and
(b)if the certificate is issued on behalf of the overseas competent authority—the certificate includes evidence of how the issuing entity is authorised to issue the certificate on behalf of the overseas competent authority; and
(c)the certificate is in force.
(2)If the certificate is issued as a ship sanitation control certificate, the certificate may be recognised as such a certificate.
(3)If the certificate is issued as a ship sanitation control exemption certificate, the certificate may be recognised as such a certificate.
16When a vessel in a declared port may be inspected at the request of the vessel’s operator#
For the purposes of paragraph 255(1)(f) of the Act, the circumstance in which a vessel in a declared port may, at the request of the operator of the vessel, be inspected for the purposes of the scheme is that it is practicable for a biosecurity officer to conduct a ship sanitation certification inspection of the vessel at the declared port.
17When section 257 of the Act applies to a vessel#
For the purposes of paragraph 255(1)(h) of the Act, the circumstances in which section 257 of the Act applies to a vessel in a declared port are the following:
(a)a ship sanitation certificate is not in force for the vessel;
(b)a biosecurity officer finds evidence of a sanitation health risk associated with the vessel;
(c)the operator of the vessel has requested an inspection of the vessel for the purposes of the scheme and the circumstance mentioned in section 16 applies in relation to the vessel.
18Ship sanitation certificates—period for which certificates remain in force#
Period for which certificates remain in force
(1)A ship sanitation certificate issued for a vessel remains in force for 6 months beginning on the day it is issued.
(2)However, the certificate ceases to be in force if another ship sanitation certificate is issued for the vessel.
Extending the period for which certificates remain in force
(3)The operator of a vessel may request that the period of a ship sanitation certificate that is in force for the vessel be extended if, at the time of making the request:
(a)the vessel is at a declared port; and
(b)it is not practicable for the vessel to be inspected at the port.
(4)On receiving the request, a biosecurity officer may extend the period by a period of not more than 1 month.
(5)However, a biosecurity officer must not extend the period if the period for which the certificate remains in force has previously been extended:
(a)under this section; or
(b)by an overseas competent authority.
19Disclosure of information obtained under the scheme#
(1)For the purposes of paragraph 255(1)(i) of the Act, and without limiting Division 3 of Part 2 of Chapter 11 of the Act, a person may disclose information referred to in subsection (2) if:
(a)the disclosure is in the course of or for the purposes of:
(i)performing functions or duties, or exercising powers, under this Part; or
(ii)assisting another person to perform functions or duties, or exercise powers, under this Part; and
(b)the disclosure is to any of the following:
(i)a Commonwealth body;
(ii)a State or Territory body;
(iii)a biosecurity industry participant;
(iv)a competent authority.
(2)The information is the following:
(a)evidence of a sanitation health risk associated with a vessel found during a ship sanitation certification inspection of the vessel;
(b)details of a ship sanitation certificate in force for a vessel;
(c)details of a vessel for which a ship sanitation certificate is not in force;
(d)any other information relating to the information referred to in a preceding paragraph.
20Classes of vessels to which the scheme does not apply#
For the purposes of paragraph 255(1)(j) of the Act, the following are the classes of vessels to which the scheme does not apply:
(a)non-commercial vessels;
(b)vessels that are at a declared port in a destination part of Australian territory specified in column 3 of item 5, 6, 7 or 8 of the table in section 5 of the Movements Declaration, after moving to that part in the course of a voyage from an origin part of Australian territory specified in column 2 of that item;
(c)vessels that are at a declared port in an origin part of Australian territory specified in column 2 of item 5, 6, 7 or 8 of the table in section 5 of the Movements Declaration, and intend to move to a destination part of Australian territory specified in column 3 of that item.
21Ship sanitation certificates—form and content of certificates#
(1)For the purposes of paragraph 255(2)(c) of the Act, the Director of Human Biosecurity must approve the form and content of a ship sanitation certificate.
(2)The form and content of a ship sanitation certificate must conform to the model provided in Annex 3 to the International Health Regulations.
22Ship sanitation certificates—requirement to make notes on certificates#
For the purposes of paragraph 255(2)(d) of the Act, if a ship sanitation control exemption certificate for a vessel ceases to be in force because a ship sanitation control certificate is issued for the vessel, a biosecurity officer must note on the ship sanitation control exemption certificate that a ship sanitation control certificate has been issued for the vessel.
Part 6 · Application, saving and transitional provisions
Division 1 · Transitional arrangements in relation to the commencement of this instrument
23Instruments made and other things done under the Biosecurity (Human Health) Regulation2016#
(1)If:
(a)an instrument (a subordinate instrument) was made for a particular purpose under a provision of the Biosecurity (Human Health) Regulation 2016 (the old instrument); and
(b)the subordinate instrument was in effect or in force immediately before the commencement of this instrument; and
(c)the subordinate instrument could be made for that purpose under a provision of this instrument;
then, despite the repeal of the old instrument by this instrument, the subordinate instrument continues in effect or in force, after that commencement, as if it were made for that purpose under that provision of this instrument.
Note: The following are examples of subordinate instruments continued in force:
(a) a ship sanitation control exemption certificate issued under subsection 17(1) of the old instrument that is in force immediately before the commencement of this instrument continues in force after that commencement as if it were made under subsection 14(6) of this instrument;
(b) a form approved under subsection 13(1) of the old instrument that is in effect immediately before the commencement of this instrument continues in force after that commencement as if it were approved under subsection 21(1) of this instrument.
(2)If:
(a)any other thing was done for a particular purpose under the old instrument; and
(b)the thing could be done for that purpose under this instrument;
the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.
(3)Without limiting subsection (2), a reference in that subsection to a thing being done includes a reference to the period of a certificate being extended, a ship sanitation certification inspection being undertaken and information being disclosed.
Schedule 1 · Repeals
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.