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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
No Domestic COVID Vaccine Passports
Bill 2021
No. , 2021
(Mr Kelly)
A Bill for an Act to protect the right of Australians
to make their own health decisions in relation to
COVID vaccination, and for related purposes
No. , 2021
No Domestic COVID Vaccine Passports Bill 2021
i
Contents
Part 1--Preliminary
2
1
Short title ........................................................................................... 2
2
Commencement ................................................................................. 2
3
Definitions ......................................................................................... 2
4
Meaning of
discriminates
.................................................................. 4
5
Binding the Crown ............................................................................ 5
6
Extension to external Territories ....................................................... 5
Part 2--Prohibition on issuing COVID vaccine passports and
discrimination on basis of vaccination
6
7
Commonwealth ................................................................................. 6
8
States ................................................................................................. 7
9
Territories .......................................................................................... 8
10
Other entities ..................................................................................... 9
11
Compliance with foreign laws relating to international travel ......... 10
12
This Part overrides other laws ......................................................... 10
Part 3--Miscellaneous
11
13
Constitutional basis of this Act ........................................................ 11
14
Additional operation of sections 8 and 10 ....................................... 11
No. , 2021
No Domestic COVID Vaccine Passports Bill 2021
1
A Bill for an Act to protect the right of Australians
1
to make their own health decisions in relation to
2
COVID vaccination, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1
Preliminary
Section 1
2
No Domestic COVID Vaccine Passports Bill 2021
No. , 2021
Part 1--Preliminary
1
2
1 Short title
3
This Act is the
No Domestic COVID Vaccine Passports Act 2021
.
4
2 Commencement
5
(1) Each provision of this Act specified in column 1 of the table
6
commences, or is taken to have commenced, in accordance with
7
column 2 of the table. Any other statement in column 2 has effect
8
according to its terms.
9
10
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act.
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
11
enacted. It will not be amended to deal with any later amendments of
12
this Act.
13
(2) Any information in column 3 of the table is not part of this Act.
14
Information may be inserted in this column, or information in it
15
may be edited, in any published version of this Act.
16
3 Definitions
17
In this Act:
18
authority
:
19
(a) of the Commonwealth--includes a Commonwealth entity
20
(within the meaning of the
Public Governance, Performance
21
and Accountability Act 2013
); and
22
(b) of a State or Territory--includes a local council.
23
Preliminary
Part 1
Section 3
No. , 2021
No Domestic COVID Vaccine Passports Bill 2021
3
business
includes a not-for-profit business.
1
COVID
means the coronavirus commonly known as COVID-19
2
(including any subsequent variants of that coronavirus).
3
COVID vaccine passport
means a vaccine passport, vaccine
4
certificate, vaccine pass or other standardised documentation
5
(including documentation in electronic form) issued for the
6
purposes of certifying to a third party when an individual has
7
received a COVID vaccination.
8
discriminates
: see section 4.
9
employment
includes:
10
(a) part-time and temporary employment; and
11
(b) work under a contract for services.
12
international travel
does not include travel between:
13
(a) Australia and an external Territory; or
14
(b) 2 external Territories.
15
premises
includes:
16
(a) stadiums and other sporting facilities and theatres; and
17
(b) theatres, concert halls and other performance venues.
18
provision of goods or services
includes:
19
(a) the provision of accommodation, including:
20
(i) residential accommodation (but not including the
21
provision of residential accommodation in premises if
22
the person who provides or proposes to provide the
23
accommodation or a near relative of that person resides,
24
and intends to continue to reside, on those premises);
25
and
26
(ii) business accommodation; and
27
(b) the provision of education at a school, university or other
28
institution; and
29
(c) the provision of goods or services whether for reward or
30
otherwise.
31
Part 1
Preliminary
Section 4
4
No Domestic COVID Vaccine Passports Bill 2021
No. , 2021
services
includes the following:
1
(a) services relating to banking, insurance and the provision of
2
grants, loans, credit or finance;
3
(b) services relating to entertainment, recreation or refreshment;
4
(c) services relating to transport or travel;
5
(d) services of the kind provided by the members of any
6
profession or trade;
7
(e) services of the kind provided by a government, a government
8
authority or a local government body.
9
vaccination
includes receiving any of the following for the
10
purposes of preventing or reducing the risk of COVID infection:
11
(a) traditional-style vaccines containing a virus or bacterium (or
12
part of a virus or bacterium) as the antigen in a form that is
13
not harmful;
14
(b) novel, experimental genetic injectable material that tells the
15
body to make an antigen that in turn tells the body to create
16
antibodies;
17
(c) chemoprophylaxis by the administration (whether oral, nasal
18
or by injection) of a medication (including
19
hydroxychloroquine, IOTA-carrageenan, Ivermectin,
20
Povidone-iodine, Quercetin, vitamin D and zinc, or any
21
combination of them).
22
voluntary body
means:
23
(a) an association or other body (whether incorporated or
24
unincorporated) the activities of which are not engaged in for
25
the purpose of making a profit; or
26
(b) without limiting paragraph (a)--a volunteer firefighting
27
service, volunteer emergency service or similar organisation.
28
4 Meaning of
discriminates
29
Discrimination by requiring COVID vaccine passport
30
(1) Without limiting when a person
discriminates
against another
31
person on the basis of whether the other person has received a
32
Preliminary
Part 1
Section 5
No. , 2021
No Domestic COVID Vaccine Passports Bill 2021
5
COVID vaccination, the first person
discriminates
against the
1
other person on that basis if the first person:
2
(a) requests or requires the other person to produce a COVID
3
vaccine passport; or
4
(b) discriminates against the other person on the basis of whether
5
the other person has a COVID vaccine passport.
6
Discrimination on multiple bases
7
(2) A reference in this Act to discriminating against a person on the
8
basis of whether the other person has received a COVID
9
vaccination includes a reference to discriminating against the other
10
person on 2 or more bases that include that basis, whether or not
11
that basis is the dominant or substantial reason for the doing of the
12
act.
13
5 Binding the Crown
14
This Act binds the Crown in each of its capacities.
15
6 Extension to external Territories
16
This Act extends to the external Territories.
17
Part 2
Prohibition on issuing COVID vaccine passports and discrimination on basis of
vaccination
Section 7
6
No Domestic COVID Vaccine Passports Bill 2021
No. , 2021
Part 2--Prohibition on issuing COVID vaccine
1
passports and discrimination on basis of
2
vaccination
3
4
7 Commonwealth
5
Commonwealth must not issue COVID vaccine passports
6
(1) The Commonwealth must not issue a COVID vaccine passport.
7
(2) Subsection (1) does not prevent the Commonwealth from giving
8
information about whether a person has received a COVID
9
vaccination if the information is given to:
10
(a) a court; or
11
(b) a hospital; or
12
(c) a medical practitioner.
13
Note:
For issuing a COVID vaccine passport for the purpose of compliance
14
with a foreign law relating to international travel, see section 11.
15
Commonwealth must not discriminate on basis of COVID
16
vaccination
17
(3) The Commonwealth must not discriminate against a person on the
18
basis of whether the person has received a COVID vaccination.
19
(4) The Commonwealth must not:
20
(a) enter into an agreement with a State, Territory, business, or
21
voluntary body; or
22
(b) fund a State, Territory, business or voluntary body (including
23
by means of a grant); or
24
(c) grant a licence, permit, authorisation, authority or other
25
permission (however described) to a State, Territory,
26
business or voluntary body;
27
if the State, Territory, business or voluntary body is reasonably
28
likely to discriminate against a person (whether or not in
29
Prohibition on issuing COVID vaccine passports and discrimination on basis of
vaccination
Part 2
Section 8
No. , 2021
No Domestic COVID Vaccine Passports Bill 2021
7
connection with the agreement, funding, licence etc.) on the basis
1
of whether the person has received a COVID vaccination.
2
(5) For the purposes of subsection (4), a State, Territory, business or
3
voluntary body that has discriminated on the basis mentioned in
4
that subsection in the past is taken to be reasonably likely
5
discriminate on that basis in the future unless the contrary is
6
proved.
7
Commonwealth authorities
8
(6) A reference in this section to the Commonwealth includes a
9
reference to an authority of the Commonwealth.
10
8 States
11
States must not issue COVID vaccine passports
12
(1) A State must not issue a COVID vaccine passport.
13
(2) Subsection (1) does not prevent a State from giving information
14
about whether a person has received a COVID vaccination if the
15
information is given to:
16
(a) a court; or
17
(b) a hospital; or
18
(c) a medical practitioner.
19
States must not discriminate on basis of COVID vaccination
20
(3) A State must not discriminate against a person on the basis of
21
whether the person has received a COVID vaccination.
22
(4) Subsection (3) does not apply to discrimination against an officer
23
or employee of the State concerned.
24
State authorities
25
(5) A reference in this section to a State includes a reference to an
26
authority of a State.
27
Part 2
Prohibition on issuing COVID vaccine passports and discrimination on basis of
vaccination
Section 9
8
No Domestic COVID Vaccine Passports Bill 2021
No. , 2021
9 Territories
1
Territories must not issue COVID vaccine passports
2
(1) A Territory must not issue a COVID vaccine passport.
3
(2) Subsection (1) does not prevent a Territory from giving
4
information about whether a person has received a COVID
5
vaccination if the information is given to:
6
(a) a court; or
7
(b) a hospital; or
8
(c) a medical practitioner.
9
Territories must not discriminate on basis of COVID vaccination
10
(3) A Territory must not discriminate against a person on the basis of
11
whether the person has received a COVID vaccination.
12
(4) A Territory must not:
13
(a) enter into an agreement with a State, other Territory, business
14
or voluntary body; or
15
(b) fund a business or voluntary body (including by means of a
16
grant); or
17
(c) grant a licence, permit, authorisation, authority or other
18
permission (however described) to a business or voluntary
19
body;
20
if the State, other Territory, business or voluntary body is
21
reasonably likely to discriminate against a person (whether or not
22
in connection with the agreement, funding, licence etc.) on the
23
basis of whether the person has received a COVID vaccination.
24
(5) For the purposes of subsection (4), a State, Territory, business or
25
voluntary body that has discriminated on the basis mentioned in
26
that subsection in the past is taken to be reasonably likely
27
discriminate on that basis in the future unless the contrary is
28
proved.
29
Prohibition on issuing COVID vaccine passports and discrimination on basis of
vaccination
Part 2
Section 10
No. , 2021
No Domestic COVID Vaccine Passports Bill 2021
9
Territory authorities
1
(6) A reference in this section to a Territory includes a reference to an
2
authority of a Territory.
3
10 Other entities
4
Employment
5
(1) A person must not discriminate against another person, in relation
6
to the first person employing the other person, on the basis of
7
whether the other person has received a COVID vaccination.
8
Penalty: 100 penalty units.
9
Businesses
10
(2) A business must not discriminate against a person, in relation to
11
any of the following, on the basis of whether the person has
12
received a COVID vaccination:
13
(a) providing goods or services to the person;
14
(b) giving the person access to business premises.
15
Penalty: 1,000 penalty units.
16
Voluntary bodies
17
(3) A voluntary body must not discriminate against a person, in
18
relation to any of the following, on the basis of whether the other
19
person has received a COVID vaccination:
20
(a) the person's membership of the voluntary body;
21
(b) permitting the person to participate in the activities of the
22
voluntary body, including permitting the member to
23
participate in:
24
(i) a theatre group, choir or other cultural activity; or
25
(ii) a sporting team, chess club or knitting group;
26
(c) providing goods or services to the person;
27
(d) giving the person access to premises of the voluntary
28
organisation.
29
Part 2
Prohibition on issuing COVID vaccine passports and discrimination on basis of
vaccination
Section 11
10
No Domestic COVID Vaccine Passports Bill 2021
No. , 2021
Penalty: 100 penalty units.
1
11 Compliance with foreign laws relating to international travel
2
(1) Subsection 7(1) does not prevent the Commonwealth from issuing
3
a COVID vaccine passport for the purpose of enabling a person to
4
comply with a foreign law relating to international travel.
5
(2) This Part does not apply to discrimination undertaken for purposes
6
relating to compliance with a foreign law relating to international
7
travel.
8
12 This Part overrides other laws
9
This Part has effect despite any other law of the Commonwealth, a
10
State or a Territory (whether passed or made before or after the
11
commencement of this section) that requires or permits
12
discrimination on the basis of whether a person has received a
13
COVID vaccination.
14
Miscellaneous
Part 3
Section 13
No. , 2021
No Domestic COVID Vaccine Passports Bill 2021
11
Part 3--Miscellaneous
1
2
13 Constitutional basis of this Act
3
(1) This Act gives effect to Australia's international obligations,
4
particularly under:
5
(a) the International Covenant on Economic, Social and Cultural
6
Rights, particularly article 12; and
7
(b) the International Covenant on Civil and Political Rights,
8
particularly articles 7, 17 and 26.
9
(2) In this Act:
10
International Covenant on Civil and Political Rights
means the
11
International Covenant on Civil and Political Rights, done at New
12
York on 16 December 1966, as in force for Australia from time to
13
time.
14
Note:
The Covenant is in Australian Treaty Series 1980 No. 23 ([1980] ATS
15
23) and could in 2021 be viewed in the Australian Treaties Library on
16
the AustLII website (http://www.austlii.edu.au).
17
International Covenant on Economic, Social and Cultural Rights
18
means the International Covenant on Economic, Social and
19
Cultural Rights done at New York on 16 December 1966, as in
20
force for Australia from time to time.
21
Note:
The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS
22
5) and could in 2021 be viewed in the Australian Treaties Library on
23
the AustLII website (http://www.austlii.edu.au).
24
14 Additional operation of sections 8 and 10
25
(1) In addition to section 13, sections 8 and 10 also have effect as
26
provided by this section.
27
Part 3
Miscellaneous
Section 14
12
No Domestic COVID Vaccine Passports Bill 2021
No. , 2021
Trade and commerce
1
(2) Sections 8 and 10 also have the effect they would have if a
2
reference to discrimination were expressly confined to
3
discrimination undertaken in the course of:
4
(a) trade or commerce between Australia and places outside
5
Australia; or
6
(b) trade or commerce among the States; or
7
(c) trade or commerce within a Territory, between a State and a
8
Territory or between 2 Territories.
9
Communications
10
(3) Section 8 also has the effect it would have if a reference to issuing
11
a COVID vaccine passport were expressly confined to issuing a
12
COVID vaccine passport using a service to which paragraph 51(v)
13
of the Constitution applies.
14
(4) Sections 8 and 10 also have the effect they would have if a
15
reference to discrimination were expressly confined to
16
discrimination undertaken using a service to which paragraph 51(v)
17
of the Constitution applies.
18
Insurance
19
(5) Sections 8 and 10 also have the effect they would have if a
20
reference to discrimination were expressly confined to
21
discrimination undertaken in the course of insurance to which
22
paragraph 51(xiv) of the Constitution applies.
23
Corporations
24
(6) Sections 8 and 10 also have the effect they would have if a
25
reference to discrimination were expressly confined to
26
discrimination undertaken by a corporation to which
27
paragraph 51(xx) of the Constitution applies.
28
Miscellaneous
Part 3
Section 14
No. , 2021
No Domestic COVID Vaccine Passports Bill 2021
13
Territories
1
(7) Sections 8 and 10 also have the effect they would have if a
2
reference to discrimination were expressly confined to
3
discrimination undertaken in a Territory.
4