The law that bans Aussies from going overseas- and the exception
The law that came into existence at lunchtime last Wednesday to stop Australians going overseas (and allows for compassionate grounds to allow them to go) has probably the longest name of any law I can ever recall. The name of this law was not passed through the marketing section or passed pollsters first. It is the – and I am not making this up- the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas travel Ban Emergency Requirements) Determination 2020 (Cth).
The keys to the law are set out in section 5 to 7, which I set out in full. Under section 7, the person has to demonstrate (in the mind of the officer) that there is a compelling reason to leave Australia to show exceptional circumstances, knowing that if the person leaves there isa risk that the person might transmit COVID-19 elsewhere. It is essential in my view to be extremely thorough in making an application for the exemption- as otherwise- a refusal might result in huge delays through adminsitrative processes to seek a review. It is important to treat the seriousness of such an application by leaving nothing to chance, what is sometimes called a belt and braces approach.
My firm has helped a client obtain such an approval to go to Canada for the birth of his child.
Here are the sections: