The Australian government has announced to introduce penalties, including fines and jail, for anyone who tries to return home from India, with treasurer Josh Frydenberg defending the moves as “drastic” but needed.

The move comes after two Australian cricketers who had been in India returned home on Thursday after transiting through Qatar, despite the government earlier in the week banning all direct flights from Covid-ravaged India.

The federal health minister, Greg Hunt, announced the strengthening of border controls late on Friday night, saying that anyone who attempted to defy the rules would be hit with fines of up to $66,600 or five years in prison, or both.

“The government does not make these decisions lightly,” he said. “However, it is critical the integrity of the Australian public health and quarantine systems is protected and the number of Covid-19 cases in quarantine facilities is reduced to a manageable level.”

The measure will be in effect from Monday and will be reviewed on 15 May.

Hunt invoked powers under the Biosecurity Act to introduce the measures, the same act used to close the borders.

On Saturday morning, the treasurer denied it was “irresponsible” to leave Australians stranded in India when the country was running out of oxygen.

“We have taken drastic action to keep Australians safe, and what we face in India is a very serious situation where the medical advice provided to the federal government has been to put in place these strict measures,” Frydenberg said. “We’ve acted on the medical advice.

“The situation in India is dire. It is very serious. More than 200,000 people have died and there are more than 300,000 new cases a day.”

Biosecurity regulations invoked to manage public health during the pandemic already give government authorities sweeping powers.

Biosecurity control orders currently allow authorities to require an individual to provide contact details, regularly update an officer of their health status, restrict movement by remaining at the individual’s place of residence for a specified period, undergo decontamination, provide body samples for diagnosis, undertake treatment or receive a vaccination, remain in Australia for up to 28 days, or be isolated at a medical facility.

In addition to control orders, the regulations give the health minister scope to determine biosecurity emergencies. These powers allow the minister to “determine any requirement that he or she is satisfied is necessary” to prevent entry or spread of disease.

Offences of failing to comply are punishable by five years in prison or a fine of more than $60,000. The same penalties apply to failure to comply with a control order.

Australia has suspended all direct flights from India until mid-May as the country is in the grip of disaster. That decision leaves more than 9,000 Australians who have registered with the Department of Foreign Affairs in limbo.

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