{"id":"F2019L00742","name":"Biosecurity (First Point of Entry—Adelaide Airport) Determination 2019","slug":"biosecurity-first-point-of-entry-adelaide-airport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440075,"registerId":"F2019L00742-fast-fetch-1775955852232","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Adelaide Airport) Determination 2019","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 (First Point of Entry—Adelaide Airport) Determination 2019\n\nI, Dean Merrilees, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 7 June 2019\n\nDean Merrilees\n\nAssistant Secretary  Compliance Division  Department of Agriculture\n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2—First point of entry\n\n5  First point of entry—aircraft\n\n6  First point of entry—goods\n\nPart 3—Biosecurity entry points\n\n7  Biosecurity entry points—aircraft\n\n8  Biosecurity entry points—goods\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n \n\n \n\n \n\n \n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Adelaide Airport) Determination 2019.\n\n \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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 223(1) of the Biosecurity Act 2015.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n  In this instrument:\n\nAct means the Biosecurity Act 2015.\n\naircraft means an aircraft (as defined by section 9 of the Act) that is subject to biosecurity control.\n\ngoods means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; or\n\n (b) in relation to which an exposed goods order is in force.\n\nPart 2—First point of entry\n\n5  First point of entry—aircraft\n\n  Adelaide Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Adelaide Airport is a first point of entry for goods other than live horses.\n\nNote: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.\n\nPart 3—Biosecurity entry points\n\n7  Biosecurity entry points—aircraft\n\nNote: An aircraft must be brought to a biosecurity entry point at a first point of entry if there is a biosecurity entry point for the aircraft at that first point of entry (see section 238 of the Act). If there are no biosecurity entry points for aircraft at a first point of entry, this requirement does not apply to aircraft landing there. This determination does not designate any area of Adelaide Airport as a biosecurity entry point for aircraft.\n\n8  Biosecurity entry points—goods\n\n  Each area of Adelaide Airport specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.\n\n \n\n- Biosecurity entry points—goods\n- Item Column 1Goods Column 2Areas\n- 1 Baggage The following areas:(a) Adelaide Airport International Terminal 1;(b) Cobham Aviation Terminal\n\n\nNote 1: If an aircraft has arrived at Adelaide Airport and is carrying goods mentioned in the table that are to be unloaded from the aircraft, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).\n\nNote 2: This determination does not designate biosecurity entry points for other goods for which Adelaide Airport is a first point of entry, so the requirement in section 147 of the Act does not apply to the unloading of those other goods.\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Adelaide Airport as a first point of entry by this instrument is subject to the conditions in this section.\n\n (2) If the owner (or, if there is more than one owner, an owner) of Adelaide Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Adelaide Airport; or\n\n (b) a biosecurity entry point at Adelaide Airport;\n\nthe owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n\n (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Adelaide Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Adelaide Airport; or\n\n (b) a biosecurity entry point at Adelaide Airport;\n\nthe lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n\n (4) If a person or body that is responsible for carrying out operations at Adelaide Airport proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.\n\n (5) For the purposes of subsection (4), the changes are as follows:\n\n (a) a change to the procedures at Adelaide Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Adelaide Airport;\n\n (b) a change to the facilities or amenities available at Adelaide Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Adelaide Airport;\n\n (c) a change to the procedures at Adelaide Airport that may affect the ability of a person who carries out operations at Adelaide Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Adelaide Airport that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Adelaide Airport;\n\n (e) a change to the procedures at Adelaide Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Adelaide Airport.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument exercises the Biosecurity Act's delegated power to identify a particular airport and specific baggage areas as a first point of entry and biosecurity entry points, and imposes notification conditions on owners, lessees and operators (see ss5–9). It does not alter the substantive reach of the Act or create new classes of regulated goods beyond those already subject to biosecurity control; it specifies locations and procedural obligations under the existing statutory framework (s223(1) authority)."},"complexity_factors":["Instrument is a delegated determination under s223(1) of the Biosecurity Act 2015, requiring interpretation alongside the primary Act.","Cross-references to Act provisions (notably ss.147, 173–174, 238) create dependency on broader statutory rules about prohibited goods and biosecurity entry obligations.","Partial and specific designations: Adelaide Airport is a first point of entry generally but excludes live horses; only baggage areas (International Terminal 1 and Cobham Aviation Terminal) are designated as biosecurity entry points for goods (s6, s8).","Operational ambiguity: the instrument does not designate any area at Adelaide Airport as a biosecurity entry point for aircraft (s7, note), which affects how s238 of the Act applies.","Notification obligations on multiple actors (owners, lessees, persons/bodies carrying out operations) create coordination and compliance tasks (s9(2)–(4)).","Use of standards with imprecise timeframes ('as soon as practicable', 'reasonable notice') increases practical compliance uncertainty and discretionary assessment by the Department (s9(2)–(4)).","Dependence on Act definitions (e.g. 'aircraft', 'goods') and other determinations increases interpretive complexity for regulated parties (s4 and notes)."],"plain_english_summary":"This determination names Adelaide Airport as a first point of entry for aircraft and for most goods (excluding live horses), and designates baggage areas — Adelaide Airport International Terminal 1 and the Cobham Aviation Terminal — as biosecurity entry points. Owners, lessees and operators must give written notice to the Department of Agriculture of changes to operating entities, procedures, facilities or other factors that could affect biosecurity, using the instrument’s timeframes for \"as soon as practicable\" and \"reasonable notice.\""},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope as a specific port designation under the Biosecurity Act 2015. It simply designates Adelaide Airport as a first point of entry and sets minimal administrative conditions. There is no evidence of scope creep; it does exactly what its title suggests and no more."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 2 explicit definitions in section 4, plus references to Act definitions)","Simple conditional logic limited to notification requirements in section 9","Single table with 2 columns and 1 data row for biosecurity entry points","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015","Straightforward administrative designation without substantive regulatory burden beyond notification conditions"],"plain_english_summary":"Adelaide Airport is officially designated a “first point of entry” for international aircraft and most incoming goods (excluding live horses), meaning international flights and cargo must land there for biosecurity screening to detect pests, diseases, and other risks. \n\nDesignated inspection areas include the International Terminal 1 and Cobham Aviation Terminal. Airport owners/operators must notify the Agriculture Department of changes to operators, biosecurity procedures, facilities, or risk-management arrangements."},"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-first-point-of-entry-adelaide-airport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-adelaide-airport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-adelaide-airport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-adelaide-airport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-adelaide-airport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-adelaide-airport-determination-2019/documents"}}