{"id":"F2019L00773","name":"Biosecurity (First Point of Entry—HMAS Albatross Naval Air Station Nowra) Determination 2019","slug":"biosecurity-first-point-of-entry-hmas-albatross-naval-air-station-nowra-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440095,"registerId":"F2019L00773-fast-fetch-1775955863821","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—HMAS Albatross Naval Air Station Nowra) 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—HMAS Albatross Naval Air Station Nowra) Determination 2019\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\n1  Name\n\n  This is the Biosecurity (First Point of Entry—HMAS Albatross Naval Air Station Nowra) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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  HMAS Albatross Naval Air Station Nowra is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  HMAS Albatross Naval Air Station Nowra is a first point of entry for the following:\n\n (a) baggage;\n\n (b) waste.\n\nNote 1: HMAS Albatross Naval Air Station Nowra 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 HMAS Albatross Naval Air Station Nowra as a biosecurity entry point for aircraft.\n\n8  Biosecurity entry points—goods\n\n  Each area of HMAS Albatross Naval Air Station Nowra 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 Air Movements Section ACC\n\n\nNote 1: If an aircraft has arrived at HMAS Albatross Naval Air Station Nowra 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 HMAS Albatross Naval Air Station Nowra 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 HMAS Albatross Naval Air Station Nowra 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 HMAS Albatross Naval Air Station Nowra becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) HMAS Albatross Naval Air Station Nowra; or\n\n (b) a biosecurity entry point at HMAS Albatross Naval Air Station Nowra;\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 HMAS Albatross Naval Air Station Nowra becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) HMAS Albatross Naval Air Station Nowra; or\n\n (b) a biosecurity entry point at HMAS Albatross Naval Air Station Nowra;\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 HMAS Albatross Naval Air Station Nowra 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 HMAS Albatross Naval Air Station Nowra providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at HMAS Albatross Naval Air Station Nowra;\n\n (b) a change to the facilities or amenities available at HMAS Albatross Naval Air Station Nowra for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at HMAS Albatross Naval Air Station Nowra;\n\n (c) a change to the procedures at HMAS Albatross Naval Air Station Nowra that may affect the ability of a person who carries out operations at HMAS Albatross Naval Air Station Nowra to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at HMAS Albatross Naval Air Station Nowra 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 HMAS Albatross Naval Air Station Nowra;\n\n (e) a change to the procedures at HMAS Albatross Naval Air Station Nowra for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at HMAS Albatross Naval Air Station Nowra.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward, fit-for-purpose determination that does exactly what its title suggests: designates a specific naval air station as a first point of entry. It has not expanded beyond its original intent."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4 (Act, aircraft, goods, waste)","Simple conditional logic: primarily notification requirements in section 9 with straightforward triggers","Single location focus: applies only to one specific naval installation","Limited cross-referencing: references to Biosecurity Act 2015 are standard and minimal (sections 9, 19, 147, 173, 174, 238)","No nested exceptions or complex temporal provisions","Clear structure with descriptive headings and explanatory notes"],"plain_english_summary":"This legislation officially designates HMAS Albatross Naval Air Station Nowra (a Royal Australian Navy base near Nowra, NSW) as a **first point of entry** for international arrivals under Australia's biosecurity laws.\n\n**What this means:**\n- **Aircraft** arriving from overseas can land at this naval base and be processed for biosecurity purposes.\n- **Baggage and waste** from those aircraft can be unloaded and processed there.\n- The base is **NOT** approved for other types of goods (like commercial cargo).\n\n**Key requirements:**\n- Baggage must be taken to a specific area called the **\"Air Movements Section ACC\"** for biosecurity checks.\n- There are **no designated biosecurity entry points for aircraft** at this base—meaning planes can land without being directed to a specific inspection zone.\n- The Department of Agriculture must be notified of any changes to:\n  - Who operates the base or its biosecurity facilities\n  - Procedures for managing biosecurity risks\n  - Facilities available for biosecurity officers\n\n**Why it matters:**\nThis allows military and certain other international flights to use HMAS Albatross as a legal entry point into Australia while ensuring biosecurity risks (like pests, diseases, or contaminated materials) are properly managed. Without this determination, aircraft and goods couldn't legally clear customs and quarantine at this location."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument narrowly defines scope: it designates HMAS Albatross as a first point of entry for aircraft generally and for goods limited to baggage and waste, and names a specific baggage biosecurity entry area. It imposes notification conditions on owners, lessees and operators. It does not expand beyond the authority cited (instrument s 3; Biosecurity Act s 223(1)) and does not designate aircraft biosecurity entry point areas."},"complexity_factors":["Cross-references to the Biosecurity Act 2015 for definitions and obligations (instrument s 4; Act ss 9, 19, 147, 173–174, 223, 238) increase interpretive steps.","Differentiated scope: aircraft are covered 'generally' while goods are limited to baggage and waste, and only baggage has a designated biosecurity entry area (instrument ss 5–6, 8).","Notification and pre-notification requirements impose ongoing compliance duties on owners, lessees and operators (instrument s 9(2)–(5)), creating operational touchpoints.","Instrument intentionally omits designation of a biosecurity entry point for aircraft, triggering reliance on Act provisions to determine movement obligations (instrument s 7; Act s 238).","Terms like 'owner', 'lessee' and 'person or body responsible for carrying out operations' may require factual or legal clarification in implementation (instrument s 9).","The instrument is short and administrative, so legal complexity arises mainly from interaction with broader Act provisions rather than dense internal rules."],"plain_english_summary":"This instrument makes HMAS Albatross Naval Air Station Nowra a first point of entry for aircraft, and for goods limited to baggage and waste, and designates Air Movements Section ACC as the biosecurity entry point for baggage. Owners, lessees and operators must notify the Agriculture Department of changes affecting biosecurity procedures, facilities or risk identification. It affects aircraft operators, base managers, handlers and biosecurity officers by setting where arrivals and certain goods must be presented and by creating notification and pre‑notice obligations."},"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"},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is the original determination and has not been changed."},"complexity_factors":["narrow scope","specific location"],"plain_english_summary":"HMAS Albatross Naval Air Station Nowra is designated a biosecurity first point of entry: aircraft may land there under biosecurity control, and for goods it’s limited to baggage and waste (not other goods). The Air Movements Section ACC is the biosecurity entry point for baggage. Conditions require station owners/lessees and operators to notify the Agriculture Department of changes to the operating entity or to biosecurity procedures, facilities or amenities."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-hmas-albatross-naval-air-station-nowra-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-hmas-albatross-naval-air-station-nowra-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-hmas-albatross-naval-air-station-nowra-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-hmas-albatross-naval-air-station-nowra-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-hmas-albatross-naval-air-station-nowra-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-hmas-albatross-naval-air-station-nowra-determination-2019/documents"}}