{"id":"F2020L00775","name":"Biosecurity (First Point of Entry—Coral Sea Marina, Airlie Beach) Determination 2020","slug":"biosecurity-first-point-of-entry-coral-sea-marina-airlie-beach-determination-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440522,"registerId":"F2020L00775-fast-fetch-1775956120928","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Coral Sea Marina, Airlie Beach) Determination 2020","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—Coral Sea Marina, Airlie Beach) Determination 2020\n\nI, Barbara Cooper, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 23 June 2020\n\nBarbara Cooper\n\nAssistant Secretary  Compliance Division  Department of Agriculture, Water and the Environment\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—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\n\n10 Notifying Agriculture Department of changes\n\n11 Conducting mosquito monitoring activities\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Biosecurity (First Point of Entry—Coral Sea Marina, Airlie Beach) Determination 2020.\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 The day after this instrument is registered. 24 June 2020\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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\nnon‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\nnon‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\nnon‑commercial vessel waste means waste carried on a non‑commercial vessel.\n\nvessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\nwaste means goods (as defined by section 19 of the Act):\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\nPart 2—First point of entry\n\n \n\n5  First point of entry—vessels\n\n  Coral Sea Marina, Airlie Beach is a first point of entry for non‑commercial vessels.\n\nNote: Coral Sea Marina, Airlie Beach is not a first point of entry for any other vessels.\n\n6  First point of entry—goods\n\n  Coral Sea Marina, Airlie Beach is a first point of entry for the following:\n\n (a) non‑commercial vessel baggage;\n\n (b) non‑commercial vessel waste.\n\nNote 1: Coral Sea Marina, Airlie Beach 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\n \n\n7  Biosecurity entry points—vessels\n\n  Each area of Coral Sea Marina, Airlie Beach 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 L‑Arm, Coral Sea Marina\n\n\nNote: A vessel that has arrived at Coral Sea Marina, Airlie Beach 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 Coral Sea Marina, Airlie Beach 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) non‑commercial vessel baggage;(b) non‑commercial vessel waste L‑Arm, Coral Sea Marina\n\n\nNote: If a vessel has arrived at Coral Sea Marina, Airlie Beach 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\n \n\n9  Conditions\n\n  The determination of Coral Sea Marina, Airlie Beach as a first point of entry by this instrument is subject to the conditions in this Part.\n\n10  Notifying Agriculture Department of changes\n\n (1) If the owner (or, if there is more than one owner, an owner) of Coral Sea Marina, Airlie Beach becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Coral Sea Marina, Airlie Beach; or\n\n (b) a biosecurity entry point at Coral Sea Marina, Airlie Beach;\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 (2) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Coral Sea Marina, Airlie Beach becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Coral Sea Marina, Airlie Beach; or\n\n (b) a biosecurity entry point at Coral Sea Marina, Airlie Beach;\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 (3) If a person or body that is responsible for carrying out operations at Coral Sea Marina, Airlie Beach proposes to make a change referred to in subsection (4), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.\n\n (4) For the purposes of subsection (3), the changes are as follows:\n\n (a) a change to the procedures at Coral Sea Marina, Airlie Beach providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Coral Sea Marina, Airlie Beach;\n\n (b) a change to the facilities or amenities available at Coral Sea Marina, Airlie Beach for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Coral Sea Marina, Airlie Beach;\n\n (c) a change to the procedures at Coral Sea Marina, Airlie Beach that may affect the ability of a person who carries out operations at Coral Sea Marina, Airlie Beach to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Coral Sea Marina, Airlie Beach 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 Coral Sea Marina, Airlie Beach;\n\n (e) a change to the procedures at Coral Sea Marina, Airlie Beach for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Coral Sea Marina, Airlie Beach.\n\n11  Conducting mosquito monitoring activities\n\n (1) The owner (or, if there is more than one owner, an owner), or the lessee (if any) (or, if there is more than one lessee, a lessee) of Coral Sea Marina, Airlie Beach must ensure that mosquito monitoring activities are carried out.\n\n (2) The mosquito monitoring activities must be activities that the Director of Biosecurity is satisfied are appropriate to manage the biosecurity risks (relating to mosquitoes) associated with operations carried out at Coral Sea Marina, Airlie Beach to an acceptable level.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Biosecurity Act or expand statutory categories; it implements the Act by designating a specific first point of entry and attaching procedural conditions for that site. There is no textual evidence in the instrument that it changes the Act’s original scope—it operates within delegated powers to set location-specific requirements (s3, ss5–11)."},"complexity_factors":["Narrow, focused subject matter: designates one physical site and limited classes (non‑commercial vessels; non‑commercial vessel baggage and waste) which reduces scope and legal complexity (ss5–6).","Operational obligations on private parties: owner/lessee must notify the Department of changes to operators, procedures or facilities (s10) — creates ongoing compliance burden for marina operators.","Monitoring obligation with administrative approval: owner/lessee must ensure mosquito monitoring is carried out to the Director of Biosecurity’s satisfaction, giving the Director discretion to judge appropriateness (s11(1)–(2)).","Cross-references to the Biosecurity Act: the instrument relies on statutory definitions and operational duties in the Act (eg. commencement under s229(1) of the Act; notes referencing ss147, 173, 174, 246), requiring users to consult the Act for enforcement and penalties (s3; various notes).","Ambiguous timing standards increase compliance uncertainty: obligations use open standards such as “as soon as practicable” and “reasonable notice”, which require interpretation in context (notes and s10(1)–(3); note after s7).","Specific site/area designation reduces coordination complexity but imposes practical flow requirements: vessels/goods arriving must be brought to the named biosecurity entry point (L‑Arm) as soon as practicable (ss7–8).","Delegated instrument form: made by a delegate under the Act (s3), so legal effect depends on the delegation and the Act’s framework rather than new substantive law in the instrument."],"plain_english_summary":"This instrument designates Coral Sea Marina, Airlie Beach as a \"first point of entry\" under the Biosecurity Act for non‑commercial vessels and for non‑commercial vessel baggage and waste, and specifies the L‑Arm as the biosecurity entry point where those vessels and goods must be brought. It requires the marina owner or lessee to notify the Department of changes to the business or biosecurity procedures and to ensure mosquito monitoring appropriate to manage mosquito-related biosecurity risks; it therefore affects marina owners/lessees and operators of non‑commercial vessels."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was clearly intended to designate a specific marina as a first point of entry for non-commercial vessels, and it does exactly that without expanding into broader operational or policy matters."},"complexity_factors":["Short instrument: only 11 sections across 4 Parts","Minimal defined terms: only 6 definitions in section 4, mostly referencing existing definitions in the parent Act","Simple conditional logic: straightforward 'if-then' obligations in sections 10-11 without nested exceptions","No cross-references to other legislation beyond the parent Biosecurity Act 2015 and Biosecurity Regulation 2016","Single location focus: entire instrument concerns one specific marina, avoiding geographic complexity","Clear tables in sections 7-8 presenting information in accessible format"],"plain_english_summary":"This law makes Coral Sea Marina in Airlie Beach an official first point of entry for international non-commercial vessels, allowing private yachts to clear customs and quarantine there rather than at major ports. It designates the marina’s L‑Arm as the biosecurity zone and requires marina operators to notify authorities of operational changes and conduct mosquito monitoring. \n\nIt affects visiting boat owners, marina operators, and biosecurity officials—opening Whitsunday tourism while keeping pest and disease safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-coral-sea-marina-airlie-beach-determination-2020","history":"/api/acts/biosecurity-first-point-of-entry-coral-sea-marina-airlie-beach-determination-2020/history","analysis":"/api/acts/biosecurity-first-point-of-entry-coral-sea-marina-airlie-beach-determination-2020/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-coral-sea-marina-airlie-beach-determination-2020/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-coral-sea-marina-airlie-beach-determination-2020/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-coral-sea-marina-airlie-beach-determination-2020/documents"}}