Originally Posted by
bensyd
I'd be surprised if the intention of legislators when passing the Biosecurity Act was to give the health minister unilateral power to criminalise citizens attempting to enter their own country. Actually, given the unease many LNP MPs felt it would seem very unlikely that such a power was ever intended.
Section 477 of the Biosecurity Act:
(1) During a human biosecurity emergency period, the Health Minister may determine any requirement that he or she is satisfied is necessary:
(a) to prevent or control:
(i) the entry of the declaration listed human disease into Australian territory or a part of Australian territory; or
(ii) the emergence, establishment or spread of the declaration listed human disease in Australian territory or a part of Australian territory; or
(b) to prevent or control the spread of the declaration listed human disease to another country; or
(c) if a recommendation has been made to the Health Minister by the World Health Organization under Part III of the International Health Regulations in relation to the declaration listed human disease--to give effect to the recommendation.
Note 1: A person who fails to comply with a requirement determined under this subsection may commit an offence (see section 479).
It doesn't say (1)(a)(i) cannot apply or must not apply to Australian citizens.
The Federal Court has made a preliminary decision in respect of this, with some commentary here:
https://www.abc.net.au/news/2021-05-...-ban/100129520