{"id":"F2022L01551","name":"Biosecurity (First Point of Entry—Cocos (Keeling) Islands Port) Determination 2022","slug":"biosecurity-first-point-of-entry-cocos-keeling-islands-port-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441624,"registerId":"F2022L01551-fast-fetch-1775956885258","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Cocos (Keeling) Islands Port) Determination 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\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—Cocos (Keeling) Islands Port) Determination 2022\n\nI, Barbara Cooper, Assistant Secretary, Biosecurity Operations Division, delegate of the Director of Biosecurity, make the following determination.\n\nDated 29th November  2022\n\n \n\n \n\nB S Cooper\n\nBarbara Cooper\n\nAssistant Secretary  Biosecurity Operations Division  Department of Agriculture, Fisheries and Forestry\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—vessels\n\n6  First point of entry—goods\n\nPart 3—Biosecurity entry points\n\n7  Biosecurity entry points—vessels\n\n8  Biosecurity entry points—goods\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Biosecurity (First Point of Entry—Cocos (Keeling) Islands Port) Determination 2022.\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16 December 2022. 16 December 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 229(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\ncontainer has the same meaning as in the Biosecurity Regulation 2016.\n\nfreight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\ngeneral goods means goods other than baggage, freight containers, live horses or waste.\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\ninorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n\n (b) do not contain animals, plants, organic compounds or microbes.\n\nnon‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\nnon‑commercial vessel waste means waste carried on a non‑commercial vessel.\n\npassenger vessel baggage means baggage carried on a passenger vessel.\n\nvessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\nwaste means goods:\n\n (a) that are subject to biosecurity control; and\n\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\n \n\n \n\nPart 2—First point of entry\n\n5  First point of entry—vessels\n\n  Cocos (Keeling) Islands Port is a first point of entry for vessels other than passenger vessels.\n\n6  First point of entry—goods\n\n  Cocos (Keeling) Islands Port is a first point of entry for the following classes of goods:\n\n (a) baggage other than passenger vessel baggage;\n\n (b) 20-foot-long freight containers;\n\n (c) general goods;\n\n (d) non-commercial vessel waste.\n\nNote 1: Cocos (Keeling) Islands Port is not a first point of entry for any other goods.\n\nNote 2: 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—vessels\n\n  Each area of Cocos (Keeling) Islands Port specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.\n\n \n\n- Biosecurity entry points—vessels\n- Item Column 1Vessels Column 2Areas\n- 1 Non-commercial vessels Direction Island Anchorage\n- 2 Vessels other than the following:(a) non-commercial vessels;(b) passenger vessels The following areas:(a) Blue Holes Anchorage;(b) Viva Energy Tanker Moorings;(c) Rumah Baru, West Island\n\n\nNote: A vessel that has arrived at Cocos (Keeling) Islands Port must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).\n\n8  Biosecurity entry points—goods\n\n  Each area of Cocos (Keeling) Islands Port 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 All of the following:(a) 20-foot-long freight containers;(b) baggage other than passenger vessel baggage;(c) general goods;(d) non-commercial vessel waste Rumah Baru, West Island\n- 2 Inorganic bulk goods The following areas:(a) Viva Energy Tanker Moorings;(b) Rumah Baru, West Island\n\n\nNote: If a vessel has arrived at Cocos (Keeling) Islands Port and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes \n\n (1) The determination of Cocos (Keeling) Islands Port 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 Cocos (Keeling) Islands Port becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Cocos (Keeling) Islands Port; or\n\n (b) a biosecurity entry point at Cocos (Keeling) Islands Port;\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 Cocos (Keeling) Islands Port becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Cocos (Keeling) Islands Port; or\n\n (b) a biosecurity entry point at Cocos (Keeling) Islands Port;\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 Cocos (Keeling) Islands Port 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 Cocos (Keeling) Islands Port providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Cocos (Keeling) Islands Port;\n\n (b) a change to the facilities or amenities available at Cocos (Keeling) Islands Port for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Cocos (Keeling) Islands Port;\n\n (c) a change to the procedures at Cocos (Keeling) Islands Port that may affect the ability of a person who carries out operations at Cocos (Keeling) Islands Port to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Cocos (Keeling) Islands Port 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 Cocos (Keeling) Islands Port;\n\n (e) a change to the procedures at Cocos (Keeling) Islands Port for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Cocos (Keeling) Islands Port.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument confines scope to designating Cocos (Keeling) Islands Port as a first point of entry for specified vessel and goods classes and identifying biosecurity entry point locations (ss 5–8). It expressly excludes passenger vessels and other goods (note to s 6). It does not amend underlying definitions or expand biosecurity powers in the Act; it adds procedural notification conditions for owners/lessees/operators (s 9) rather than changing substantive biosecurity controls."},"complexity_factors":["Cross-references to the Biosecurity Act and Regulations (authority in s 3 via subsection 229(1) of the Act; defined terms rely on s 9 of the Act).","Multiple classes and exclusions to track (vessels vs passenger vessels; baggage types; freight container sizes; inorganic bulk goods) (ss 5–6).","Geographic specificity: different named anchorages and island locations are designated for different vessel and goods classes (ss 7–8).","Compliance obligations on private parties: written notification duties for owners, lessees and operators to the Agriculture Department (s 9(2)–(4)).","Operational discretion and timing requirements: obligations to bring arrivals/goods to designated biosecurity entry points \"as soon as practicable\" (notes referencing ss 147, 246 of the Act).","Simple commencement and administrative formality (single commencement date and delegated maker noted at head of instrument)."],"plain_english_summary":"This instrument designates Cocos (Keeling) Islands Port as a Biosecurity Act \"first point of entry\" for non‑passenger vessels and for specified classes of goods, and names the specific anchorages and on‑island areas where vessels and goods must be brought for biosecurity processing (see ss 5–8). It also requires port owners, lessees and operators to notify the Agriculture Department of changes to operators, facilities or procedures that could affect biosecurity functions (s 9). This matters to vessel operators, cargo owners, port owners/lessees and biosecurity officials."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains a narrow, specific scope consistent with its purpose. It designates a single port (Cocos (Keeling) Islands Port) as a first point of entry with tailored restrictions appropriate to a small, remote facility. The exclusions (passenger vessels, 40-foot containers, live horses) reflect practical capacity constraints rather than scope creep. The notification conditions in Part 4 are standard administrative requirements for maintaining first point of entry status."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal cross-referencing: only references to the Biosecurity Act 2015, Biosecurity Regulation 2016, and specific sections (9, 19, 147, 173, 174, 246)","8 defined terms in section 4, most incorporating definitions from other instruments rather than creating new complex definitions","Simple conditional structure: primarily descriptive tables mapping vessel/goods types to specific geographic areas","Single substantive condition in Part 4 (notification requirements) with straightforward trigger events","No nested exceptions or complex temporal provisions","Limited operational scope: applies only to one specific port"],"plain_english_summary":"The law designates the Cocos (Keeling) Islands Port as a regulated first point of entry for international vessels and cargo, but tightly limits which ships and goods may arrive there—excluding passenger vessels and 40-foot containers, banning live horses and many bulk inorganic goods unless specially approved.  \n\nIt prescribes anchorage and unloading locations, requires port operators to notify agricultural/biosecurity authorities of operational or risk-management changes, and aims to protect the islands and mainland Australia from pests and disease."},"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-cocos-keeling-islands-port-determination-2022","history":"/api/acts/biosecurity-first-point-of-entry-cocos-keeling-islands-port-determination-2022/history","analysis":"/api/acts/biosecurity-first-point-of-entry-cocos-keeling-islands-port-determination-2022/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-cocos-keeling-islands-port-determination-2022/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-cocos-keeling-islands-port-determination-2022/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-cocos-keeling-islands-port-determination-2022/documents"}}