mandatory vax

Propaganda not science

There is something called the Bio-Security ACT 2015 in Australia that most of the current members of the Australian Parliament personally voted on. They were handed briefs and a massive amount of information. The 693 page document is incredibly is detailed.

The document that specifically refers to an individual is below –

What is this document called?

human biosecurity control order means an order imposed on an individual under section 60.

How can it be imposed?

60  Imposing a human biosecurity control order on an individual

             (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.

Note 1:       An officer who intends to impose a human biosecurity control order on an individual has certain powers under sections 68 and 69.

Note 2:       Before imposing a human biosecurity control order, an officer must be satisfied of the matters referred to in section 34 (the principles).

Note 3:       The Director of Human Biosecurity must be notified of the imposition of a human biosecurity control order (see section 67).

             (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; or

OK – so Let’s look at Section 34 – when a Biosecurity control order can be issued – These are principles behind any decision made to impose a human biosecurity order –

Principles affecting decision‑making

             (2)  Before the person makes the decision, the person must be satisfied of all of the following:

                     (a)  that exercising the power, or imposing the biosecurity measure, is likely to be effective in, or to contribute to, managing the risk;

                     (b)  that exercising the power, or imposing the biosecurity measure, is appropriate and adapted to manage the risk;

                     (c)  that the circumstances are sufficiently serious to justify exercising the power, or imposing the biosecurity measure;

                     (d)  that the power, or the biosecurity measure, is no more restrictive or intrusive than is required in the circumstances;

                     (e)  that the manner in which the power is to be exercised, or the biosecurity measure is to be imposed, is no more restrictive or intrusive than is required in the circumstances;

                      (f)  if the power is to be exercised or the biosecurity measure imposed during a period—that the period is only as long as is necessary.

So what are the contents of this human Biosecurity Order?

61  Contents of a human biosecurity control order

             (1)  A human biosecurity control order that is in force in relation to an individual must specify the following:

                     (a)  the ground in subsection 60(2) under which the order is imposed on the individual;

                     (b)  the listed human disease in relation to which the order is imposed on the individual;

                     (c)  any signs or symptoms of the listed human disease;

                     (d)  the prescribed contact information provided by the individual under section 69 or 70 (as the case requires);

                     (e)  a unique identifier for the order;

                      (f)  each biosecurity measure (specified in Subdivision B of Division 3) with which the individual must comply, and an explanation of:

                              (i)  why each biosecurity measure is required; and

                             (ii)  in relation to a biosecurity measure included under section 89 (decontamination), 90 (examination), 91 (body samples) or 92 (vaccination or treatment)—how the biosecurity measure is to be undertaken;

                     (g)  any information required to be included in the order by Subdivision B of Division 3;

                     (h)  the period during which the order is in force, which must not be more than 3 months;

                      (i)  the following:

                              (i)  the effect of section 70 (requirement to notify of changes to contact information);

                             (ii)  the effect of section 74 (when an individual is required to comply with a biosecurity measure);

                            (iii)  the rights of review in relation to the human biosecurity control order under this Act, the Administrative Appeals Tribunal Act 1975 and the Administrative Decisions (Judicial Review) Act 1977;

                            (iv)  the effect of section 107 (offence for failing to comply with an order);

                      (j)  details of a chief human biosecurity officer who can be contacted for information and support in relation to the order;

                     (k)  any other information that the officer imposing the order considers appropriate;

                      (l)  any other information required by the regulations.

Note:          Despite paragraph (1)(h), an individual might be required to comply with a biosecurity measure for a more limited period of time (see for example section 96 (traveller movement measure)).

So what is a human biosecurity officer?

human biosecurity officer means a person who is authorised under section 563 to be a human biosecurity officer under this Act.

So let’s look at 563

563  Authorisation of human biosecurity officers

  • The Director of Human Biosecurity may, in writing, authorise a person to be a human biosecurity officer under this

So the Director of Human Biosecurity authorises in writing who that is. Who is that person?

Part 3—Director of Human Biosecurity

544  Director of Human Biosecurity

             (1)  The Director of Human Biosecurity is the person who occupies, or is acting in, the position of Commonwealth Chief Medical Officer.

                     (2)  The Director of Human Biosecurity has the functions and powers conferred on the Director of Human Biosecurity by this Act

So in order to issue a Biosecurity order one must be authorised in writing by the Commonwealth Chief Medical Officer

So who approves this form?

62  Form of a human biosecurity control order

             (1)  A human biosecurity control order must be in the form approved, in writing, by the Director of Human Biosecurity.

             (2)  A human biosecurity control order is not a legislative instrument.

It is not a legislative instrument!

How is it given out?

63  Giving a human biosecurity control order to an individual

             (1)  An officer who imposes a human biosecurity control order on an individual must cause the individual to be given a copy of the order as soon as reasonably practicable.

             (2)  The officer who imposes the order on the individual must ensure that the contents of the order are read out to the individual.

             (3)  The order ceases to be in force if:

                     (a)  a copy of the order is not given to the individual within 24 hours of the order beginning to be in force; or

                     (b)  the contents of the order are not read out in accordance with subsection (2).

So they must be given a copy within 24 hours to be enforced. If not they are not enforced. Sounds logical.

An Individual NOT group may be required to get checked – (if the control order specifies that)

90  Undergoing an examination

                   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.

Note:          For the manner in which this biosecurity measure must be carried out, see section 94.

OK, how about samples?

91  Requiring body samples for diagnosis

             (1)  This section applies if an individual has undergone an examination under section 90.

             (2)  The individual may be required by a human biosecurity control order to provide, at a specified medical facility, specified body samples for the purpose of determining the presence in the individual of:

                     (a)  the listed human disease specified in the order; and

                     (b)  any other listed human disease.

The individual if specified in the biosecurity control order to get vaccinated. Must be in the order.

92  Receiving a vaccination or treatment

                   An individual may be required by a human biosecurity control order to receive, at a specified medical facility:

                     (a)  a specified vaccination; or

                     (b)  a specified form of treatment;

in order to manage the listed human disease specified in the order, and any other listed human disease.

Note:          For the manner in which this biosecurity measure must be carried out, see section 94.

HOWEVER-  no force may be used – no force – no force

95  No use of force to require compliance with certain biosecurity measures

                   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.

Vaccination are in 85-93 so no force to be examined, treated and vaccinated.

If an the person refused testing, treatment or a vaccine they may be required to be isolated in a medical facility but again it must be a condition of the Biosecurity Control order – so in writing.

97  Isolation measure

             (1)  An individual may be required by a human biosecurity control order to remain isolated at a specified medical facility.

Note 1:       A non‑Australian citizen who is required to remain isolated is entitled to consular assistance under section 102.

Note 2:       A person who does not comply with an isolation measure that the person is required to comply with may be detained under Subdivision B of Division 4.

  • An isolation measure included in a human biosecurity control order under subsection (1) may be made conditional on a person refusing to consent to another biosecurity measure included in the human biosecurity control order.

When can someone be jailed or fined?

107  Offence for failing to comply with a human biosecurity control order

                   An individual commits an offence if:

                     (a)  a human biosecurity control order is in force in relation to the individual; and

                     (b)  the individual engages in conduct; and

                     (c)  the conduct results in the person failing to comply with a biosecurity measure included in the human biosecurity control order; and

                     (d)  the individual is required to comply with the measure under subsection 74(2) or (4).

Penalty: Imprisonment for 5 years or 300 penalty units, or both

When does someone have to comply and what are the conditions?

74  When individual is required to comply with a biosecurity measure

Biosecurity measures where compliance is not required before review period has ended

             (1)  Subsection (2) sets out when an individual is required to comply with a biosecurity measure included, under one of the following sections, in a human biosecurity control order that is in force in relation to the individual:

                     (a)  section 85 (managing contacts);

                     (b)  section 89 (decontamination);

                     (c)  section 90 (examination);

                     (d)  section 91 (body samples);

                     (e)  section 92 (vaccination or treatment).

             (2)  The individual is required to comply with the measure only if:

                     (a)  the individual consents to the measure; or

                     (b)  the Director of Human Biosecurity has given a direction for the individual to comply with the measure in accordance with paragraph 72(5)(a), and either:

Ok so the person must consent but what can the Director or the Chief Medical Officer do? He must do it within 72 hours and in writing.

Within 72 hours of the time referred to in subsection (6), the Director must cause a notice to be given to the individual that:

                     (a)  directs the individual to comply with the measure; or

                     (b)  informs the individual that he or she is not required to comply with the measure.

Subsection 6

b) if paragraph (1)(a) applies in relation to an isolation measure or a traveller movement measure—the time when the individual refuses to consent to the measure

Now it gets a bit complex but we can appeal

After giving a direction in accordance with paragraph (5)(a), the Director of Human Biosecurity has certain obligations under section 75 in relation to an individual’s right to apply to the Administrative Appeals Tribunal for review of the decision to give the direction.

the individual makes an application under the Administrative Decisions (Judicial Review) Act 1977 for an order of review of a decision to give a direction in accordance with paragraph 72(5)(a), the application is finally determined, and as a result of the order made in relation to the application the individual is not required to comply with the measure; or

Bottom line – An individual cannot be forced, can ask for a review (ACT 1977) however the enforcement must be an option in the original form (in writing), he must have been examined after showing symptoms. This applies to an individual only.

You have to read it for yourself – This is NOT LEGAL ADVICE.

PM hides his face and so he should!

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