{"id":"F2026L00154","name":"Biosecurity (Electronic Decisions–Goods) Determination 2026","slug":"biosecurity-electronic-decisions-goods-determination-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443164,"registerId":"F2026L00154-fast-fetch-1775958070448","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (Electronic Decisions–Goods) Determination 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nBiosecurity (Electronic Decisions–Goods) Determination 2026\n\nI, Victoria Anderson, Director of Biosecurity, make the following determination.\n\nDated                      20 February 2026\n\nVictoria Anderson\n\nDirector of Biosecurity\n\n \n\n \n\n \n\n \n\nContents\n\n1  Name \n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Use of computer programs\n\n \n\n1  Name\n\n  This instrument is the Biosecurity (Electronic Decisions–Goods) Determination 2026.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 541A(2) of the Biosecurity Act 2015.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Agriculture Department;\n\n(b) biosecurity enforcement officer;\n\n(c) biosecurity industry participant;\n\n(d) biosecurity officer;\n\n(e) Commonwealth body;\n\n(f) person in charge.\n\n \n\n  In this instrument:\n\nAct means the Biosecurity Act 2015.\n\nauthorised computer program: see subsection 5(1).\n\n5  Use of computer programs\n\nRelevant provisions under which decisions may be made by operation of a computer program\n\n (1) For the purposes of paragraph 541A(2)(a) of the Act, a decision under the following relevant provisions of the Act may be made by the operation of a computer program (an authorised computer program) under an arrangement made under subsection 541A(1) of the Act:\n\n (a) subsections 122(2) and (3);\n\n (b) section 124;\n\n (c) paragraph 125(2)(b);\n\n (d) sections 126, 127 and 128.\n\nClasses of persons who may use computer programs\n\n (2) For the purposes of paragraph 541A(2)(b) of the Act, each of the following is a class of persons that may use an authorised computer program for any purposes referred to in subsection 541A(1) of the Act in relation to a decision referred to in subsection (1):\n\n (a) biosecurity officers who have a unique identifier issued by a Commonwealth body that enables them to access the authorised computer program;\n\n (b) biosecurity enforcement officers who have a unique identifier issued by a Commonwealth body that enables them to access the authorised computer program;\n\n (c) APS employees of the Agriculture Department who have a unique identifier issued by a Commonwealth body that enables them to access the authorised computer program;\n\n (d) persons:\n\n (i) who are performing services for the Agriculture Department under a contract; and\n\n (ii) who have a unique identifier issued by a Commonwealth body that enables the person to access the authorised computer program;             \n\n (e) any other persons:\n\n (i) who are employed or engaged by a Commonwealth body to provide services to the Commonwealth in connection with the Agriculture Department; and\n\n (ii) who have a unique identifier issued by a Commonwealth body that enables the person to access the authorised computer program;\n\n (f) biosecurity industry participants who have a unique identifier issued by a Commonwealth body that enables them to access the authorised computer program;\n\n (g) persons:\n\n (i) who are a person in charge of goods in relation to which the authorised computer program is to be used; and\n\n (ii) who have a unique identifier issued by a Commonwealth body that enables the person to access the computer program.\n\n \n\nConditions of use of computer program\n\n (3) For the purposes of paragraph 541A(2)(c) of the Act, a person in a class of persons who may use an authorised computer program under subsection (2) must:\n\n (a) be satisfied on reasonable grounds that information entered into the authorised computer program by the person for the purpose of enabling decisions to be made by operation of the computer program is true and correct; and\n\n (b) ensure that the information is accurately entered into the authorised computer program.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements subsection 541A(2) of the Biosecurity Act by specifying which Act decisions may be automated and which classes of persons may use authorised computer programs (s3; s5). It clarifies operational actors and data‑entry conditions but does not expand decision‑making powers beyond those provided by the Act."},"complexity_factors":["Cross-references to multiple decision provisions of the Biosecurity Act (subsections 122(2)–(3), s124, para 125(2)(b), ss126–128) increase legal reach that implementers must map to software (s5(1)).","Multiple classes authorised to use programs (biosecurity officers, enforcement officers, APS employees, contractors, other Commonwealth-engaged persons, industry participants, persons in charge) create varied access and training requirements (s5(2)).","Unique identifier requirement for access imposes authentication, identity management and recordkeeping systems (s5(2)).","Data‑integrity conditions require users to be ‘satisfied on reasonable grounds’ that entries are true and to ensure accurate entry, creating evidential and liability risks for users and supervisors (s5(3)(a)–(b)).","Dependence on an arrangement under subsection 541A(1) of the Act delegates detailed governance to that arrangement, importing external administrative complexity (s5(1) and s3).","Instrument is short and prescriptive but omits operational detail (audit, error-correction, dispute resolution), leaving implementation choices to the Department and contracted providers.","Inclusion of contractors and industry participants expands surfaces for third‑party involvement and potential contractual/compliance complexity (s5(2)(d)–(f))."],"plain_english_summary":"This instrument authorises specified biosecurity decisions to be made automatically by an authorised computer program, and identifies who may operate such programs: biosecurity officers, enforcement officers, Agriculture Department staff, contractors, Commonwealth service providers, industry participants and persons in charge (s5). Users must have a unique identifier and must reasonably satisfy themselves the data they enter is true and accurately recorded (s5(2)–(3)). It shifts routine decision‑making to software, creating authentication, training and data‑quality compliance obligations for users and operational responsibilities for the Agriculture Department."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument appears to be operating within its intended scope as a machinery determination under section 541A of the Biosecurity Act 2015. It specifically authorises automated decision-making for goods-related biosecurity decisions, which aligns with the original legislative intent of that provision. The scope is narrow and tightly focused on enabling electronic processing of specific administrative decisions."},"complexity_factors":["Very short instrument (only 5 sections)","Minimal defined terms (only 2 explicit definitions in section 4, plus references to existing Act definitions)","Simple structure: name, commencement, authority, definitions, operative provision","No nested exceptions or conditional logic beyond basic eligibility criteria","Single operative mechanism (authorising computer programs for specific decisions)","Straightforward cross-referencing to parent Act (Biosecurity Act 2015) without complex interplay"],"plain_english_summary":"This law lets specified biosecurity decisions about imported goods—like directions to move, treat, or destroy risky items—be made by authorised computer programs instead of a human officer. It applies to biosecurity and enforcement officers, Agriculture Department staff, contractors, approved industry operators, and importers. The change aims to speed processing and reduce paperwork, but shifts moment‑of‑decision authority from a human to automated systems."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-electronic-decisions-goods-determination-2026","history":"/api/acts/biosecurity-electronic-decisions-goods-determination-2026/history","analysis":"/api/acts/biosecurity-electronic-decisions-goods-determination-2026/analysis","conflicts":"/api/acts/biosecurity-electronic-decisions-goods-determination-2026/conflicts","importantCases":"/api/acts/biosecurity-electronic-decisions-goods-determination-2026/important-cases","documents":"/api/acts/biosecurity-electronic-decisions-goods-determination-2026/documents"}}