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Mandatory Face Masks Direction (No. 4)

Understanding this Direction

Information to help you understand what this Direction means.

Summary

Effective from: 12am AEST (midnight) 17 June 2022

Posted: 17 June 2022

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Public Health Act 2005 (Qld)

Section 362B

On 29 January 2020, under the Public Health Act 2005, the Minister for Health and Minister for Ambulance Services made an order declaring a public health emergency in relation to coronavirus disease (COVID-19). The public health emergency area specified in the order is for ‘all of Queensland’. Its duration has been extended by regulation to 22 September 2022 and may be further extended.

Further to this declaration, l, Dr John Gerrard, Chief Health Officer, reasonably believe it is necessary to give the following direction pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Citation

  1. This Public Health Direction may be referred to as the Mandatory Face Masks Direction (No. 4).

Revocation

  1. The Mandatory Face Masks Direction (No.3) made on 15 January 2022 is revoked from 11.59pm 17 June 2022.

Commencement

  1. This Direction applies from 12.00am (midnight) 17 June 2022 until the end of the declared public health emergency, unless it is revoked or replaced earlier.

PART 1 – DIRECTION – MANDATORY FACE MASKS

Face mask requirements on domestic commercial aircraft

  1. A person on a domestic commercial aircraft must carry a face mask at all times when paragraphs 5(a) and (b) apply, except if wearing the face mask or they are:

    1. an infant or child under the age of 12 years; or

    2. a person who has a physical or mental health illness or condition, or disability, which makes wearing a face mask unsuitable.

      Examples: persons who have obstructed breathing, a serious skin condition on their face, an intellectual disability, a mental health illness, or who have experienced trauma.

  2. A person on a domestic commercial aircraft must wear a face mask at all times on the aircraft while:

    1. the aircraft is located at a Queensland airport, including when the aircraft is landing at, or taking off from, the airport; or

    2. the aircraft is flying in Queensland airspace.

      Note: A person at a Queensland airport must wear a face mask where required to do so in accordance with any other Public Health Directions in effect under section 362B of the Public Health Act 2005.

      Example: Under the Public Health Face Mask Requirements Direction (No.5), a person is required to wear a face mask when on or waiting at public transport infrastructure or in a commercial passenger vehicle or waiting for a commercial passenger vehicle in a designated outdoor space.

      Examples: public transport infrastructure includes taxi ranks, public pick-up areas, Airtrain platform, skybridges.

  3. The requirement to wear a face mask under paragraph 5 does not apply:

    1. to infants and children under the age of 12 years; or

    2. to a person who has a physical or mental health illness or condition, or disability, which makes wearing a face mask unsuitable; or

      Examples: persons who have obstructed breathing, a serious skin condition on their face, an intellectual disability, a mental health illness, or who have experienced trauma.

    3. to a person communicating with a person who is deaf or hard of hearing and visibility of the mouth is essential for communication; or

    4. if the nature of a person’s work or education means that wearing a face mask creates a risk to their health and safety; or

    5. if the nature of a person’s work or education means that clear enunciation or visibility of the mouth is essential; or

      Examples: training new staff, making announcements or live broadcasting.

    6. if the person is a member of air crew or an airport worker, who is not interacting directly with passengers including because the person is on a domestic commercial aircraft with no passengers boarded; or

      Example – a pilot is not required to wear a mask while in the cockpit.

    7. if the person is consuming food, drink or medicine; or

    8. if a person is undergoing medical care or treatment to the extent that such care or treatment requires that no face mask be worn; or

    9. if a person is asked to remove the face mask to ascertain identity; or

      Examples: a person may be asked by police, security, or airport staff to remove a face mask to ascertain identity or when purchasing alcohol or cigarettes.

    10. for emergency purposes; or

    11. required or authorised by law; or

    12. doing so is not safe in all the circumstances.

  4. A person who removes their face mask under paragraph 6 must resume wearing the face mask as soon as practicable after the circumstance ends.

    Example: a person must resume wearing a face mask as soon as they finish eating, making an announcement or receiving medical care.

    Example: a pilot must resume wearing a face mask if they have exited the cockpit to farewell passengers from a flight.

    Note: face shields on their own do not meet the face mask requirements. For further information on the use of face masks, please refer to the Queensland Health website as updated from time to time, available at: https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/public-health-directions/face-masks.

PART 2 – EXEMPTIONS

  1. The Chief Health Officer, Deputy Chief Health Officer or their delegate may give a person or class of persons an exemption from a requirement of this Direction if extreme exceptional circumstances exist.

  2. An exemption may be given on conditions and if so, the person given the exemption must comply with the conditions.

PART 3 – PENALTIES

A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.

Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

  • A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
  • Maximum penalty—100 penalty units.

Dr John Gerrard
Chief Health Officer

17 June 2022

Published on the Queensland Health website at 12am AEST (midnight) 17 June 2022

SCHEDULE 1 – DEFINITIONS

For the purposes of this Public Health Direction:

Air crew means a person on a commercial domestic flight landing or taking off in Queensland who is:

  1. a pilot, crew member providing essential safety or maintenance functions or cabin crew member actively servicing a commercial domestic flight; or

  2. an off-shift pilot, crew member providing essential safety or maintenance functions or cabin crew member travelling to reposition to commence duty in Queensland or another State or Territory; or

  3. an aeromedical services crew member providing patient transport or emergency medical care to a patient; or

  4. an off-shift aeromedical services crew member who is travelling as a passenger on an aircraft to reposition to commence duty in Queensland or another State or Territory.

Airport worker means someone required to perform work in an airport, including:

  1. an engineer or other technical staff; or

  2. a cleaner; or

  3. a baggage handler; or

  4. a person involved in the delivery or removal of food, goods or other things in connection with an aircraft; or

  5. an employee of an airline other than air crew; or

  6. a person providing law enforcement or border security services.

Commercial passenger vehicle means a taxi, rideshare or commercial shuttle service.

Domestic commercial aircraft means an aircraft being used to provide passengers with transportation, on a commercial basis, only within Australia.

Face mask means a cloth face mask with three layers that covers the nose and mouth, or a surgical mask.

Note – a scarf or bandana is not a face mask.

Public transport infrastructure has the same meaning as in the Transport Operations (Passenger Transport) Act 1994.

Example: bus service, light rail, train, bus and train stations.

Queensland airport means an airport located in Queensland.

Queensland airspace means the airspace located over Queensland.

Surgical mask means a single use surgical mask with a minimum level 1 barrier protection level under the Australian Standard (AS 4381:2015) that covers the nose and mouth.

Last updated: 17 June 2022