{"id":"F2019L00740","name":"Biosecurity (First Point of Entry—Canberra Airport) Determination 2019","slug":"biosecurity-first-point-of-entry-canberra-airport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440071,"registerId":"F2019L00740-fast-fetch-1775955850111","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Canberra 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—Canberra 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\n \n\n \n\n \n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Canberra 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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  Canberra Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Canberra 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 Canberra Airport as a biosecurity entry point for aircraft.\n\n \n\n8  Biosecurity entry points—goods\n\n  Each area of Canberra 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) Canberra Airport International Terminal;(b) Corporate Air Terminal;(c) VIP Terminal, Defence Establishment Fairbairn\n\n\nNote 1: If an aircraft has arrived at Canberra 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 Canberra 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 Canberra 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 Canberra Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Canberra Airport; or\n\n (b) a biosecurity entry point at Canberra 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 Canberra Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Canberra Airport; or\n\n (b) a biosecurity entry point at Canberra 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 Canberra 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 Canberra Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Canberra Airport;\n\n (b) a change to the facilities or amenities available at Canberra Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Canberra Airport;\n\n (c) a change to the procedures at Canberra Airport that may affect the ability of a person who carries out operations at Canberra Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Canberra 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 Canberra Airport;\n\n (e) a change to the procedures at Canberra Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Canberra 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 Canberra Airport as a first point of entry under the Biosecurity Act 2015. It addresses aircraft, goods (with a specific exclusion for live horses), designated entry points for baggage, and basic notification conditions. There is no evidence of scope creep; the instrument is a standard, narrow administrative determination of the type contemplated by section 223 of the Act."},"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 structure: designation of first point of entry, designation of specific entry points for baggage only, and notification conditions","No nested exceptions or complex conditional logic beyond basic 'if-then' notification requirements","Single table with 3 rows specifying biosecurity entry point locations","Straightforward cross-references to the Biosecurity Act 2015 for context rather than complex integration"],"plain_english_summary":"This instrument designates Canberra Airport as an official “first point of entry” for international aircraft and most imported goods (excluding live horses), allowing planes to land and goods to be unloaded there under Australia’s biosecurity laws. It also identifies specific terminals where baggage must be presented for biosecurity checks.\n\nIt requires the airport’s owners/operators to notify the Department of Agriculture of changes to operators, biosecurity procedures or facilities. It affects the airport operator, airlines, arriving passengers and biosecurity officers by enabling controlled international arrivals while managing pest and disease risk."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument implements a specific, targeted designation rather than changing the statutory ambit of the Biosecurity Act. It designates Canberra Airport as a first point of entry for aircraft and for goods except live horses (ss 5–6), specifies which terminal areas are biosecurity entry points for baggage (s8), and imposes written-notice conditions on owners/lessees/operators for relevant business, procedural or facility changes (s9). It does not purport to expand or narrow the Act's underlying definitions or powers."},"complexity_factors":["Cross-references to multiple provisions of the Biosecurity Act (definitions and operational rules in ss 9, 19, 147, 173, 174, 223, 238) — interpretation requires reading both instruments.","Narrow, specific designations (airport-wide first point of entry; baggage areas only designated as biosecurity entry points) reduce substantive complexity (ss 5–6, 8).","Notification duties use open standards—\"as soon as practicable\" and \"reasonable notice\"—which create compliance-timing uncertainty (s9(2)–(4)).","Multiple potentially responsible parties (owners, multiple owners, lessees, multiple lessees, operators) create coordination and compliance-allocation questions (s9(2)–(4)).","Explicit exclusions and omissions (goods: live horses excluded; no aircraft biosecurity entry point areas designated) add operational nuance (s6, s7; s8 note).","Administrative origin: made by a delegate under s223(1) of the Act, indicating delegated executive decision-making rather than primary legislation (s3).","Short, structured instrument with limited subject-matter reduces drafting complexity and litigation risk in scope but requires cross-checking with the Act for full effect."],"plain_english_summary":"**What it does:** This determination names Canberra Airport as a \"first point of entry\" for aircraft and for goods (except live horses), and designates specific terminal areas as biosecurity entry points for baggage.\n\nIt affects the airport owner/lessee, operators, arriving aircraft and handlers: owners/lessees/operators must give written notice to the Agriculture Department of business, procedural or facility changes that affect biosecurity (s9), and certain goods must be brought to the designated entry points (s8, note 1)."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-canberra-airport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-canberra-airport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-canberra-airport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-canberra-airport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-canberra-airport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-canberra-airport-determination-2019/documents"}}