{"id":"F2019L00751","name":"Biosecurity (First Point of Entry—Brisbane Airport) Determination 2019","slug":"biosecurity-first-point-of-entry-brisbane-airport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440081,"registerId":"F2019L00751-fast-fetch-1775955854393","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Brisbane 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—Brisbane 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\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Brisbane 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nPart 2—First point of entry\n\n \n\n5  First point of entry—aircraft\n\n  Brisbane Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Brisbane Airport is a first point of entry for all goods.\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 Brisbane Airport as a biosecurity entry point for aircraft.\n\n \n\n8  Biosecurity entry points—goods\n\n  Each area of Brisbane 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) Brisbane Airport International Terminal;(b) Jet Aviation Australia North Terminal(c) Jet Aviation Australia South Terminal\n- 2 Live Horses The following areas:(a) Bays L1-L6;(b) Bays 69-72;(c) Bay 87\n\n\nNote 1: If an aircraft has arrived at Brisbane 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 Brisbane 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 Brisbane 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 Brisbane Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Brisbane Airport; or\n\n (b) a biosecurity entry point at Brisbane 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 Brisbane Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Brisbane Airport; or\n\n (b) a biosecurity entry point at Brisbane 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 Brisbane 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 Brisbane Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Brisbane Airport;\n\n (b) a change to the facilities or amenities available at Brisbane Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Brisbane Airport;\n\n (c) a change to the procedures at Brisbane Airport that may affect the ability of a person who carries out operations at Brisbane Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Brisbane 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 Brisbane Airport;\n\n (e) a change to the procedures at Brisbane Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Brisbane Airport.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: designating Brisbane Airport as a first point of entry with specific biosecurity entry points and notification conditions. There is no evidence of scope creep beyond the standard administrative function of such determinations."},"complexity_factors":["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 structure: straightforward declarative provisions designating the airport and specific areas","Limited conditional logic: only basic notification triggers in section 9","No nested exceptions or complex cross-referencing beyond standard references to the Biosecurity Act 2015","Single table with only 2 items mapping goods to specific physical locations"],"plain_english_summary":"This instrument designates Brisbane Airport as a “first point of entry” for international aircraft and goods, making it the location where biosecurity controls (inspections, quarantine checks) are applied to stop pests, diseases and invasive species. It covers all international aircraft and goods and requires airport owners, operators and lessees to notify the Agriculture Department of changes to operations, biosecurity procedures or facilities that could affect border risk management."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements a limited, place-based designation and procedural conditions for Brisbane Airport: it names the airport as a first point of entry, identifies biosecurity entry-point areas for baggage and live horses, and imposes notification requirements. It does not expand definitions or obligations beyond those in the Biosecurity Act and does not designate additional goods or areas."},"complexity_factors":["Direct reliance on multiple provisions of the Biosecurity Act for meaning and effect (authority under s223(1); cross-references to definitions in s9 and goods in s19).","Cross-references to operational duties in the Act that sit outside this instrument (notably ss147, 173, 174 and 238), requiring users to consult the Act to know full obligations.","Table-based designation of specific airport areas for particular classes of goods (baggage; live horses) creates spot-specific rules rather than a uniform rule set.","Notification and procedural obligations on private parties (owners, lessees, operators) create an ongoing compliance burden (see conditions in section 9(2)–(5)).","Limited administrative discretion in the instrument itself, but potential Departmental discretion in enforcing and interpreting the notification/operational changes referenced (section 9).","Operational interdependence: obligations affect multiple private actors (airport owners/lessees, carriers, handlers) and require coordination to bring goods to entry points (note to s8 and Act s147)."],"plain_english_summary":"This determination makes Brisbane Airport a \"first point of entry\" under the Biosecurity Act for all aircraft and goods and designates specific areas at the airport as biosecurity entry points for baggage and for live horses. \n\nIt obliges airport owners, lessees and operators to notify the Department of Agriculture in writing of changes to operators, facilities or procedures that could affect biosecurity, and requires affected goods to be taken to the designated entry points when unloaded."},"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-brisbane-airport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-brisbane-airport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-brisbane-airport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-brisbane-airport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-brisbane-airport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-brisbane-airport-determination-2019/documents"}}