{"id":"F2021L00719","name":"Biosecurity (First Point of Entry—Christmas Island International Airport) Determination 2021","slug":"biosecurity-first-point-of-entry-christmas-island-international-airport-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440877,"registerId":"F2021L00719-fast-fetch-1775956348469","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Christmas Island International Airport) Determination 2021","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—Christmas Island International Airport) Determination 2021\n\nI, Barbara Cooper, as delegate of the Director of Biosecurity, make the following determination.\n\nDated  8 June  2021\n\nBarbara Cooper\n\nAssistant Secretary  Biosecurity Operations Division  Department of Agriculture, Water and the Environment\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\n1  Name\n\n  This instrument is the Biosecurity (First Point of Entry—Christmas Island International Airport) Determination 2021.\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this instrument 16 June 2021. 16 June 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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  Christmas Island International Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Christmas Island International 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 Christmas Island International Airport as a biosecurity entry point for aircraft.\n\n8  Biosecurity entry points—goods\n\n  Each area of Christmas Island International 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 Christmas Island Airport International Terminal\n\n\nNote 1: If an aircraft has arrived at Christmas Island International 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 Christmas Island International 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 Christmas Island International 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 Christmas Island International Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Christmas Island International Airport; or\n\n (b) a biosecurity entry point at Christmas Island International 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 Christmas Island International Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Christmas Island International Airport; or\n\n (b) a biosecurity entry point at Christmas Island International 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 Christmas Island International 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 Christmas Island International Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Christmas Island International Airport;\n\n (b) a change to the facilities or amenities available at Christmas Island International Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Christmas Island International Airport;\n\n (c) a change to the procedures at Christmas Island International Airport that may affect the ability of a person who carries out operations at Christmas Island International Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Christmas Island International 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 Christmas Island International Airport;\n\n (e) a change to the procedures at Christmas Island International Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Christmas Island International Airport.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No. The instrument implements specific designations and conditions under the Biosecurity Act: it makes Christmas Island International Airport a first point of entry for aircraft and for goods except live horses (ss5–6), designates the baggage area as the biosecurity entry point for goods (s8 table), and imposes notification/notice conditions on owners, lessees and operators (s9). It confines scope to those determinations and duties and does not broaden or contract any other statutory powers in this text."},"complexity_factors":["Statutory basis and delegation: made under subsection 223(1) of the Biosecurity Act 2015 (instrument s3) and executed by a departmental delegate (instrument header).","Scope limits and exceptions: designates the airport as a first point of entry for aircraft generally and for goods except live horses (ss5–6), which creates a categorical exception that operators must observe (s6).","Narrow biosecurity entry-point designation: only the airport baggage area is designated as a biosecurity entry point for goods (s8 table item 1), leaving other goods without a designated entry point (s8 note 2).","Operational routing requirement reference: unloaded goods listed must be brought to the designated biosecurity entry point as soon as practicable (s8 note 1, referring to s147 of the Act), imposing handling and routing duties on carriers/importers.","Notification and notice duties: owners, lessees and persons responsible for operations must notify the Agriculture Department in writing of changes to operators, facilities or procedures and give reasonable notice of proposed operational changes (s9(2)–(5)), creating ongoing administrative and compliance obligations.","Cross-references to the Act and other provisions: the instrument relies on Act definitions and external sections (e.g. definitions in s4; references to ss147, 173, 174, 238 of the Act in notes), which requires users to consult the Act to understand full effect.","Limited procedural detail: the instrument sets designation and notification obligations but does not specify detailed procedural standards or Department responses, leaving implementation detail to departmental processes (s9)."],"plain_english_summary":"This determination names Christmas Island International Airport as a biosecurity first point of entry for aircraft and for goods (except live horses), designates the airport’s baggage area as the biosecurity entry point for goods, and requires owners, lessees and operators to notify the Department of Agriculture of changes to operators, procedures or facilities. It affects airport owners/lessees, operators, arriving aircraft and importers; those parties must follow routing and notification duties and bear the compliance burden."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: designating a specific airport as a first point of entry with associated biosecurity entry points and operational conditions. There is no evidence of scope creep beyond the standard administrative requirements for such determinations."},"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 row for biosecurity entry points","No nested exceptions or complex cross-referencing beyond standard references to the Biosecurity Act 2015","Straightforward structure following standard legislative template"],"plain_english_summary":"This instrument formally designates Christmas Island International Airport as a first point of entry for international aircraft and most imported goods, and declares its international terminal a biosecurity entry point for baggage. It requires the airport owner/operator to notify the Agriculture Department about changes affecting operations, biosecurity procedures, facilities, or risk reporting. The change enables lawful international arrivals via Christmas Island while ensuring biosecurity checks to protect Australia from pests and disease."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-christmas-island-international-airport-determination-2021","history":"/api/acts/biosecurity-first-point-of-entry-christmas-island-international-airport-determination-2021/history","analysis":"/api/acts/biosecurity-first-point-of-entry-christmas-island-international-airport-determination-2021/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-christmas-island-international-airport-determination-2021/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-christmas-island-international-airport-determination-2021/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-christmas-island-international-airport-determination-2021/documents"}}