Health (Amendment) (No. 2) Act 2021

PART 3

Amendments relating to quarantine in designated facilities

Amendment of section 38B of Act of 1947

5. Section 38B of the Act of 1947 is amended—

(a) in subsection (1)(b), by the substitution, in subparagraph (ii), of “a pre-travel test” for “a RT-PCR test”,

(b) in subsection (2), by the substitution of “Subject to subsections (3A) and (4)” for “Subject to subsection (4)”,

(c) in subsection (2)(a)(iii)—

(i) by the substitution, in clause (II), of “period,” for “period, or”,

(ii) by the substitution, in clause (III), of “consecutive days, or” for “consecutive days,” and

(iii) by the insertion of the following clause after clause (III):

“(IV) where the registered medical practitioner is satisfied, having regard to all the circumstances, that the person no longer poses a risk to others of infection with Covid-19 or the virus SARS-CoV-2, such earlier date, after the expiration of a period of 10 days commencing on the day the person is admitted to a designated facility, that the medical practitioner determines,”,

(d) by the insertion of the following subsection after subsection (3):

“(3A) A person who is an applicable traveller by virtue of subsection (1)(b) shall not be required to quarantine at a designated facility where the circumstances prescribed in regulations made under section 38G(1)(de) exist in relation to the person.”,

(e) in subsection (6), by the substitution of “a pre-travel test as defined in, and in accordance with the requirements of, any regulations made under this Act” for “a RT-PCR test in accordance with the requirements of any regulations”,

(f) in subsection (9), by the substitution of “a pre-travel test as defined in, and in accordance with the requirements of, any regulations made under this Act” for “a RT-PCR test”,

(g) in subsection (16)—

(i) by the substitution, in paragraph (f), of “was erroneous,” for “was erroneous, or”,

(ii) by the substitution in paragraph (g)(iv) of “a pre-travel test” for “a RT-PCR test”,

(iii) by the substitution, in paragraph (g)(vi), of “is not detected, or” for “is not detected.”, and

(iv) by the insertion of the following paragraph after paragraph (g):

“(h) he or she, being an applicable traveller by virtue of subsection (1)(b), is at the time of making the request a person in relation to whom the circumstances prescribed in regulations made under section 38G(1)(de) exist.”,

(h) in subsection (17)(a), by the insertion of the following subparagraph after subparagraph (vii):

“(viii) in the case of a request made under paragraph (h) of that subsection and subject to subsection (18), the officer is satisfied that the circumstances referred to in that paragraph exist in relation to the person who made the request,”,

(i) in subsection (18), by the substitution of “subsection (17)(a)(iv), (v), (vi) or (viii)” for “subsection (17)(a)(iv), (v) or (vi)”, and

(j) in subsection (25)—

(i) by the substitution, in paragraph (e), of the definition of “exempted traveller”, of “pre-travel test result in accordance with the requirements of any regulations made under this Act” for “RT-PCR test result”, and

(ii) by the deletion, in the definition of “RT-PCR test”, of “, other than in subsection (1)(b)(ii) and subsection (16)(g)(iv),”.