{"id":"F2019L01550","name":"Biosecurity (First Point of Entry—Essendon Airport) Determination 2019","slug":"biosecurity-first-point-of-entry-essendon-airport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440314,"registerId":"F2019L01550-fast-fetch-1775955994518","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Essendon 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—Essendon Airport) Determination 2019\n\nI, Leanne Herrick, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 29 November 2019\n\nLeanne Herrick\n\nActing Assistant 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\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Essendon 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16 December 2019. 16 December 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 aircraft on which the goods are carried, to be disposed of.\n\nPart 2—First point of entry\n\n5  First point of entry—aircraft\n\n  Essendon Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Essendon Airport is a first point of entry for the following:\n\n (a) baggage;\n\n (b) waste.\n\nNote 1: Essendon Airport 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—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 Essendon Airport as a biosecurity entry point for aircraft.\n\n8  Biosecurity entry points—goods\n\n  Each area of Essendon 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) ExecuJet Terminal;(b) Hanger 8;(c) Jet City Hanger;(d) Air National Australia Hanger;(e) Luft Aviation Hanger;(f) Platinum Business Aviation Centre;(g) Pratt Aviation Hanger;(h) Shortstop Jet Charter Lounge;(i) Southern Cross Jets Hanger\n\n\nNote 1: If an aircraft has arrived at Essendon 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 Essendon 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 Essendon 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 Essendon Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Essendon Airport; or\n\n (b) a biosecurity entry point at Essendon 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 Essendon Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Essendon Airport; or\n\n (b) a biosecurity entry point at Essendon 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 Essendon 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 Essendon Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Essendon Airport;\n\n (b) a change to the facilities or amenities available at Essendon Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Essendon Airport;\n\n (c) a change to the procedures at Essendon Airport that may affect the ability of a person who carries out operations at Essendon Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Essendon 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 Essendon Airport;\n\n (e) a change to the procedures at Essendon Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Essendon Airport.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a site-specific determination made under the Biosecurity Act 2015. It performs the narrow, technical function of designating a particular airport as a first point of entry with specific conditions. The scope remains tightly focused on Essendon Airport's operational parameters for biosecurity purposes, consistent with the original intent of subsection 223(1) of the Act."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 4 definitions in section 4, plus reliance on parent Act definitions)","Straightforward conditional logic limited to notification requirements in section 9","Single table with 9 entries mapping goods to specific physical locations","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015","Clear structure following standard legislative template (Preliminary, substantive Parts, Conditions)"],"plain_english_summary":"This instrument designates Essendon Airport as a legal first point of entry for international aircraft, allowing overseas flights to land there and permitting unloading of passenger baggage and aircraft waste. It requires baggage to be taken to nine designated inspection points at the airport and imposes reporting obligations on owners, lessees, and operators to notify the Department of Agriculture of operational or biosecurity changes.\n\nIt affects international passengers, airlines and charter operators, airport operators, and biosecurity officials, ensuring arrivals comply with Australia’s biosecurity protections."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination implements designated first point of entry and biosecurity entry points at Essendon Airport within the delegated power under the Biosecurity Act (s223(1)). It confines regulatory coverage to aircraft generally and to baggage and waste (ss5–6) and imposes notification conditions (s9), rather than expanding the Act's statutory scope."},"complexity_factors":["Cross-references to the Biosecurity Act for key definitions and duties (see definitions and ss 147, 173–174, 223(1), 238) — reliance on the Act increases interpretive work.","Multiple obligated parties: owners, lessees, and 'person or body' operating airport functions have notification duties (s9(2)–(4)).","Timing standards use open-ended thresholds — 'as soon as practicable' and 'reasonable notice' — creating discretionary compliance obligations (s9(2)–(4)).","Specific operational detail: enumerated list of hangars/terminals designated as biosecurity entry points for baggage requires site-level implementation (s8, table).","Limited substantive scope: aircraft generally but goods limited to baggage and waste narrows application (ss5–6), simplifying regulatory reach.","Delegated instrument made under subsection 223(1) of the Act, so legal effect depends on statutory delegation and interacting Act provisions (s3)."],"plain_english_summary":"This instrument designates Essendon Airport as a first point of entry for aircraft generally and for baggage and waste, and names specific hangars and terminals as the biosecurity entry points for baggage.\n\nIt affects airport owners, lessees, aircraft operators, passengers whose baggage is unloaded, and biosecurity officials by specifying where biosecurity controls apply and by requiring written notice to the Agriculture Department of changes to operators, procedures or facilities that may affect biosecurity."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-essendon-airport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-essendon-airport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-essendon-airport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-essendon-airport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-essendon-airport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-essendon-airport-determination-2019/documents"}}