{"id":"F2019L00749","name":"Biosecurity (First Point of Entry—Darwin Airport and Royal Australian Air Force Base Darwin) Determination 2019","slug":"biosecurity-first-point-of-entry-darwin-airport-and-royal-australian-air-force-base-darwin-determina","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440078,"registerId":"F2019L00749-fast-fetch-1775955854361","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Darwin Airport and Royal Australian Air Force Base Darwin) 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—Darwin Airport and Royal Australian Air Force Base Darwin) Determination 2019\n\n \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—Darwin Airport and Royal Australian Air Force Base Darwin) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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  Darwin Airport and Royal Australian Air Force Base Darwin is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Darwin Airport and Royal Australian Air Force Base Darwin 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 Darwin Airport and Royal Australian Air Force Base Darwin as a biosecurity entry point for aircraft.\n\n \n\n8  Biosecurity entry points—goods\n\n  Each area of Darwin Airport and Royal Australian Air Force Base Darwin 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) Darwin Airport International Terminal;(b) Careflight International Terminal;(c) Pearl Flight Centre Terminal(d) Jet Aviation Australia Hangar(e) Royal Australian Air Force Base Darwin Air Movements Terminal\n\n\nNote 1: If an aircraft has arrived at  Darwin Airport and Royal Australian Air Force Base Darwin 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 Darwin Airport and Royal Australian Air Force Base Darwin 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 Darwin Airport and Royal Australian Air Force Base Darwin 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 Darwin Airport or Royal Australian Air Force Base Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Darwin Airport or Royal Australian Air Force Base Darwin; or\n\n (b) a biosecurity entry point at Darwin Airport or Royal Australian Air Force Base Darwin;\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 Darwin Airport or Royal Australian Air Force Base Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Darwin Airport or Royal Australian Air Force Base Darwin; or\n\n (b) a biosecurity entry point at Darwin Airport or Royal Australian Air Force Base Darwin;\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 Darwin Airport or Royal Australian Air Force Base Darwin 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 Darwin Airport or Royal Australian Air Force Base Darwin providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Darwin Airport or Royal Australian Air Force Base Darwin;\n\n (b) a change to the facilities or amenities available at Darwin Airport or Royal Australian Air Force Base Darwin for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Darwin Airport or Royal Australian Air Force Base Darwin;\n\n (c) a change to the procedures at Darwin Airport or Royal Australian Air Force Base Darwin that may affect the ability of a person who carries out operations at Darwin Airport or Royal Australian Air Force Base Darwin to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Darwin Airport or Royal Australian Air Force Base Darwin 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 Darwin Airport or Royal Australian Air Force Base Darwin;\n\n (e) a change to the procedures at Darwin Airport or Royal Australian Air Force Base Darwin for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Darwin Airport or Royal Australian Air Force Base Darwin.\n\n \n\n \n","sortOrder":0}],"analysis":{"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":"This instrument remains tightly focused on its original purpose: designating specific Darwin aviation facilities as first points of entry under the Biosecurity Act 2015. The scope has not expanded beyond this administrative function."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 3 definitions in section 4 (Act, aircraft, goods), with most definitions imported by reference from the parent Biosecurity Act 2015","Simple structure: straightforward declaratory provisions designating the first point of entry and listing specific terminal areas in a single table","Limited conditional logic: only basic notification conditions in section 9, with no nested exceptions or complex triggering requirements","No cross-references to other legislative instruments beyond the parent Act"],"plain_english_summary":"This instrument formally declares Darwin Airport and RAAF Base Darwin as official “first points of entry” for international aircraft and cargo, permitting overseas flights to land and unload goods (except live horses) and directing baggage to designated biosecurity entry areas. It affects airlines, airport operators, freight handlers and the Agriculture Department, and matters because it enforces biosecurity safeguards and requires owners/operators to notify the Department of operational or facility changes that could affect biosecurity risk."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument applies the existing powers in the Biosecurity Act to specify Darwin Airport and RAAF Base Darwin as first points of entry and to designate certain baggage areas as biosecurity entry points, and it imposes notification conditions on owners/lessees/operators (see ss 5–9). It does not itself expand statutory biosecurity powers beyond those site-specific designations and conditions."},"complexity_factors":["Site-specific designations (first point of entry for aircraft and goods; exception for live horses) increase operational clarity but are straightforward (ss 5–6).","Designation of particular baggage areas as biosecurity entry points requires parties to route goods to those locations (s 8), linking to unloading obligations (note on s 147 of the Act).","Notification and procedural-change obligations placed on owners, lessees and operators create ongoing administrative compliance (s 9(2)–(5)).","Multiple cross-references to the Biosecurity Act for authority, definitions and effect (authority s 223; defined terms per ss 9 and 19 of the Act) add interpretive linkage but not substantive complexity.","No detailed operational standards or technical requirements in the instrument — it sets locations and notification duties rather than procedural rules."],"plain_english_summary":"This determination declares Darwin Airport and RAAF Base Darwin as \"first points of entry\" for arriving aircraft and for most goods (live horses excepted), and it names specific baggage areas as biosecurity entry points. It requires owners, lessees and operators to notify the Department of Agriculture of business, procedural or facility changes that could affect biosecurity.\n\nIt matters to airlines, freight handlers, airport operators and passengers because it creates place-specific inspection/handling points and ongoing notification and compliance duties under the Biosecurity Act."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-darwin-airport-and-royal-australian-air-force-base-darwin-determina","history":"/api/acts/biosecurity-first-point-of-entry-darwin-airport-and-royal-australian-air-force-base-darwin-determina/history","analysis":"/api/acts/biosecurity-first-point-of-entry-darwin-airport-and-royal-australian-air-force-base-darwin-determina/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-darwin-airport-and-royal-australian-air-force-base-darwin-determina/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-darwin-airport-and-royal-australian-air-force-base-darwin-determina/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-darwin-airport-and-royal-australian-air-force-base-darwin-determina/documents"}}