{"id":"F2019L00776","name":"Biosecurity (First Point of Entry—Avalon Airport) Determination 2019","slug":"biosecurity-first-point-of-entry-avalon-airport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440098,"registerId":"F2019L00776-fast-fetch-1775955865933","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Avalon 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—Avalon 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\n \n\n \n\n \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\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Avalon Airport) Determination 2019.\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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n \n\n \n\nPart 2—First point of entry\n\n \n\n5  First point of entry—aircraft\n\n  Avalon Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Avalon 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\n \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 Avalon Airport as a biosecurity entry point for aircraft.\n\n \n\n8  Biosecurity entry points—goods\n\n  Each area of Avalon 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 Avalon Airport International Terminal\n\n\nNote 1: If an aircraft has arrived at Avalon 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 Avalon 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\n \n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Avalon 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 Avalon Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Avalon Airport; or\n\n (b) a biosecurity entry point at Avalon 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 Avalon Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Avalon Airport; or\n\n (b) a biosecurity entry point at Avalon 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 Avalon 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 Avalon Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Avalon Airport;\n\n (b) a change to the facilities or amenities available at Avalon Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Avalon Airport;\n\n (c) a change to the procedures at Avalon Airport that may affect the ability of a person who carries out operations at Avalon Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Avalon 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 Avalon Airport;\n\n (e) a change to the procedures at Avalon Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Avalon Airport.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: designating Avalon Airport as a first point of entry with appropriate biosecurity conditions. The scope has not expanded beyond this specific administrative function."},"complexity_factors":["Very short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 2 explicit definitions ('Act', 'aircraft', 'goods'), with reliance on parent Act definitions","Simple conditional structure: primarily declarative statements designating status and imposing straightforward notification obligations","Single table with 2 columns and 1 row for biosecurity entry points","No nested exceptions or complex cross-referencing beyond standard references to the Biosecurity Act 2015","Plain English notes embedded throughout explaining statutory context"],"plain_english_summary":"Avalon Airport is now formally designated as a first point of entry for international aircraft and most cargo into Australia, subject to biosecurity controls. Passenger baggage must be inspected at the international terminal, live horses are prohibited, and the airport’s owners, lessees and operators must notify the Agriculture Department of changes that could affect biosecurity. \n\nThis affects airlines, importers, travellers and airport operators by expanding entry options while keeping Australia’s pest‑and‑disease safeguards in place."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No alteration of scope from any earlier version is indicated in the instrument itself. The determination establishes Avalon Airport as a first point of entry (ss5–6), designates baggage at the International Terminal as the biosecurity entry point for goods (s8), and imposes notification conditions on owners, lessees and operators (s9). Who pays: owners/lessees/operators bear the compliance and notification costs (s9). Who decides: the delegate of the Director of Biosecurity made the determination under subsection 223(1) of the Act (Authority). Behaviour changes: affected parties must bring goods/arrivals to the designated entry point where applicable and provide written notices of changes to operators, facilities or procedures that affect biosecurity risk (see ss8, 9 and notes referencing ss147 and 238 of the Act)."},"complexity_factors":["Instrument is short and narrowly focused, but depends on cross-references to the Biosecurity Act 2015 (authority under subsection 223(1); definitions in s9 and goods in s19).","Designation breadth: s5 designates Avalon as a first point of entry for aircraft generally and s6 for goods except live horses — a specific exclusion that users must note.","Limited biosecurity entry points: s8 designates only 'Baggage' at Avalon Airport International Terminal as a biosecurity entry point for goods; s7 expressly notes no aircraft biosecurity entry point is designated, which may create operational gaps.","Notification and timing standards in s9 impose duties on airport owners, lessees and persons carrying out operations to give written notice 'as soon as practicable' or 'reasonable notice' of changes — these open-ended standards introduce administrative discretion and compliance judgement calls.","Operational effect is mediated by other Act provisions (s147 on unloading to biosecurity entry points; ss173–174 re prohibited/conditionally non-prohibited goods; s238 re requirement to bring aircraft to a biosecurity entry point), so practical implementation requires cross-checking the Act.","Compliance burden and costs fall mainly on private airport stakeholders (owners, lessees, operators) who must notify and align procedures/facilities with the instrument; enforcement, inspection and decision-making rest with the Department and biosecurity officials."],"plain_english_summary":"This determination names Avalon Airport as a biosecurity first point of entry for aircraft and for goods generally (except live horses), and designates the International Terminal baggage area as the biosecurity entry point for unloaded baggage. It also requires airport owners, lessees and operators to notify the Agriculture Department of changes to operators, facilities or procedures that could affect biosecurity risk, creating an ongoing compliance duty for those airport stakeholders and channeling arrivals to specified points for inspection."},"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-avalon-airport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-avalon-airport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-avalon-airport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-avalon-airport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-avalon-airport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-avalon-airport-determination-2019/documents"}}