If the so called Authorities are acting within some semblence of the “law”. First of all the States do not have the power to authorise a state of disaster. Section 69 of Commonwealth of Australia 1900uk transfers the power of Quarantine from the states to the Federal Government and quarantine is an area dealt with by customs also, which is a Federal Body.
Section 69 also restricts the powers of the Governor General. The Governor General can do is declare a state of emergency or a state of disaster but only with a signed and sealed proclamation and would have to follow guidelines to ascertain as to whether there is a threat.
The data at the moment shows that there no conclusive evidence of a virus according to the stringent Gold standard and according to Torsten Engelbrecht and Konstantin Demeter the the PCR Tests indicate the testing units the whole world relies on RT PCR to “diagnose” Sars-Cov-2 infection, the science is clear: they are not fit for purpose.
So for the Govern General to declare a state of emergency or a state of disaster he’d have to be 100% certain and not on a whim.
Under the Public Health and Wellbeing Act 2008 a require person can only deal with you:
S. 3(1) def. of authorised officer amended by No. 29/2011 s. 3(Sch. 1 item 75.1).
“authorised officer” means a person appointed—
(a) by a Council to be an environmental health officer under section 29; or
(b) by the Secretary to be an authorised officer under section 30; or
(c) subject to section 31, by a Council under section 224(1) of the Local Government Act 1989 to be an authorised officer for the purposes of this Act;
And must have an instrument of delegation and this applies to anyone even police.
Now the Supreme law of the land is the Commonwealth of Australia Constitution 1900 uk and all laws made must be consistent with this through section 109.
The Biosecurity Act 2015 is the overarching Act which the state rules, regulations and legislation have to be subordinate to the Biosecurity Act 2015 (Cth) and of course the Biosecurity Act has to be consistent with the Commonwealth Consistution.
The State Rules, Regulations and legislation are inconsistent with the overarching Act and therefore invalid.
Section 500 of the Biosecurity Act 2015 spells it all out, “they need your CONSENT”.
BIOSECURITY ACT 2015 – SECT 500
(1) This section sets out the rules relating to consent for the purposes of the following provisions:
(a) paragraph 315(2)(a) (biosecurity risk assessment);
(b) paragraph 361(2)(a) (biosecurity control orders);
(c) paragraph 371(2)(a) (biosecurity response zones);
(d) paragraph 380(2)(a) (permanent biosecurity monitoring zones);
(e) paragraph 390(2)(a) (temporary biosecurity monitoring zones);
(f) paragraph 498(2)(a) (adjacent premises).
(2) Before obtaining the consent of an occupier to enter premises for the purposes of the provision, a biosecurity enforcement officer or a biosecurity officer must inform the occupier of the following:
(a) the reasons for entering the premises;
(b) that the occupier may refuse consent.
3) A consent has no effect unless the consent is voluntary.
(4) A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.
(5) A consent that is not limited as mentioned in subsection (4) has effect until the consent is withdrawn.
(6) If a biosecurity enforcement officer or biosecurity officer entered premises because of the consent of the occupier of the premises, the following persons must leave the premises if the consent ceases to have effect:
(a) each biosecurity enforcement officer and biosecurity officer on the premises;
(b) any person assisting a biosecurity enforcement officer or biosecurity officer.
Below is a summary of a Youtube video provided by Serene Teffaha
Biosecurity Act 2015 (Cth) & Quarantine – Covid lockdown.
1. The Health and Wellbeing Act and the Omnibus Act, which are state Acts, are subordinate acts to the Biosecurity Act 2015 (Cth) which is the overarching Act, national frame work, and therefore, the Wellbeing Act and the Omnibus Act have to be consistent and concurrent with the Biosecurity Act 2015.
2. The Biosecurity Act 2015, is the overarching legislation which gives itself priority over all other Acts when it comes to public health and safety Risks.
3. Section 8, Biosecurity Act 2015, is clear as to how the act interacts with the state and territories legislation. How the State and Territories use any laws of the state and territories and how they apply them must be consistent and concurrent with the Federal Biosecurity Act 2015.
4. Quarantine Act 1908 – The States do not have the power enforce quarantine and can only be done by the Governor General by way of a signed proclamation. Requires evidence according to the Kosher, Gold standard.
5. And all of the directions, rules, regulations and legislation are inconsistent with Section 109 of the Commonwealth of Australia constitution.
a. Section 8, subsection 1, is a specific carve out, and is clear that the Biosecurity Act 2015 has No.1 priority. Except when it comes to emergency directions relation to emergency powers when they are played out.
6. When can a state emergency be declared? Section 475 of the Biosecurity Act on a federal level ensures and sets how the governor general can do so and call a state of emergency.
a. The States and Territories can do so as well as long it is acting concurrent with the Biosecurity Act and especially when it comes to emergency directions have to ensure that the Biosecurity Act 2015 rules are the ones which are followed.
7. Section 477, sets out the requirements for the Federal Health Minister making and determining requirements during a human biosecurity emergency period. What the Minister can decide.
8. Requires the Consent.
Without limiting subsection (1), the requirements that the Health Minister may determine include the following:
(a) requirements that apply to persons, goods or conveyances when entering or leaving specified places;
(b) requirements that restrict or prevent the movement of persons, goods or conveyances in or between specified places;
(c) requirements for specified places to be evacuated;
(d) if a recommendation has been made as referred to in paragraph (1)(c)–requirements for the purposes of giving effect to the recommendation.
The biosecurity act is restricting the emergency requirements to those things
Subsection 3. It is very clear as to what the Federal Health minister can decide.
Section 477 is very clear in that it restricts or limits what the health minister can do with respect to what the minister can do within the Emergency requirements.
They can’t do things to require to:
Wearing specific clothing, eg Masks
Using hand sanitizer
The above things cannot be done pursuant to the overarching, top boss, legislation. It cannot be done to a group of people.
9. Assessement of Health.
Requires an assessment of the Health risks,
Only if you have been exposed to a disease.
Only if you have signs of symptoms.
You cannot be isolated or detained.
You can’t be required to do these things unless it is under strict circumstances as captured under Section 60 & 61
10. Section 60 – Tells us what’s required before a biosecurity control order can be imposed on someone.
i. Only when someone has signs or symptoms of a human listed disease or there is an entry requirement such as entering into a country.
ii. Only if you’re sick.
iii. Only if an authorised officer can do so
iv. It’s not enough to be told to perform. It’s not enough for them to require you to perform as they please.
11. Section 61, specifies what has to be on the order issued to you, once it is shown that you are at risk, that you have signs and symptoms and that you can be contact traced.
Then you can be given a set of different requirements.
a. Perfectly should not be required to do anything,
b. The PRESUMPTION under the biosecurity Act is that you are considered healthy until proven to be sick. You are innocent until proven guilty.
c. Science works on the identification of Risk
d. When you a risk then measures can be taken but cannot be applied to a group and just direct everyone.
e. This is not about pedalling dogma it’s about the science.
A control order is NOT a legislative instrument.
12. Science says we ask you to do things when we’ve determined if you are a risk, so if an employer requires you to be vaccinated, then no! You cannot be required to do so.
i. Are you an authorized? No.
ii. Am I a risk and are you a fully qualified medical practitioner and have assessed my infectious RISK status? No.
iii. Have you issued me a Biosecurity Control Order specifying the reasons and details? No.
Then you cannot require me to do anything, you can recommend it but I cannot be required do so because there’s no serious public health risk that I need to mitigate.
If you are an employer or owner and you haven’t been authorised then you don’t have the right to make that as a POLICY.
Policy has to be based on the laws and what is constituted by an Infectious Control Order in Section 61.
13. A human Biosecurity Control Order that is enforced 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; (Not just a generic Code issued by the Government)
(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;
To be issued with the appropriate right of revue.
Rights of Review
The Right of review cannot be removed there needs to be a balance, it needs to be reasonable and balance.
There are no statistics available to say we must jump into an unbalanced state.
(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.
14. No one can require you to give contacts unless you’ve been ordered under a Biosecurity Control Order
15. Health status – Biosecurity control order,
a. restriction behaviour- biosecurity control order
b. Clothing and equipment – biosecurity order.
Meaning you can’t tell people to be masked, it’s not how it works especially when there are RCT’s stating that there are issues with wearing masks in the community.
There is no high quality data.
16. Section 90 – ongoing examinations
91 – Requiring Body Samples
92 – Receiving Vaccinations- no requirement
94 – Medical – cannot use force to administer medication
95 – Travel and movement measures.
How does it sit with states?
No consistency with Section 200 – which has been in the Biosecurity act since 2008.
Section 117 was recently added
} Require to issue someone a public health order.
Section 123, subsection 2.
17. You’re healthy until proven sick and because you test positive doesn’t mean your infectious. As it was pointed out by the President of Tanzania with tests they had conducted that,
a. a Paw paw tested positive to covid,
b. a Llamba tested positive to covid and;
c. oil tested positive to covid.
This point is settled that tests are not confirmation of diagnosis.
18. What’s in the order?
a. Must be in writing.
b. Must Identify the person
c. Believe the person has been infected.
19. Types of things you can do and refrain from if you choose, including;
a. Refraining from visiting a place.
b. Reside in specific place.
c. Refrain from specific forms of behaviour.
d. Submitting to the supervision of a person nominated. (Needs an instrument of delegation).
e. Including attending meetings and receiving visits.
f. Receiving a prophylaxis, including vaccination, pharmological, substances in the form a medical practitioner.
g. Submit to being detained or isolated
Section 117 is in contradiction to section 200. Applying unreasonable measures are inconsistent and in contradiction.
Knowing you rights and understanding the arguments places you in a better position to deal with these issues.
Record everything, State clearly that you do not consent, that you will comply “without prejudice” as you are under duress with threats of menace, especially if they are carrying weapons. They believe they have authority and will use force.
It’s up to the people to make a stand and not rely on everyone else to do it. People need to write to MPs and ministers with MY WIll Letters.
Hope this helped.