{"id":"F2019L00750","name":"Biosecurity (First Point of Entry—Horn Island Airport) Determination 2019","slug":"biosecurity-first-point-of-entry-horn-island-airport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440079,"registerId":"F2019L00750-fast-fetch-1775955854362","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Horn Island 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—Horn Island Airport) 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\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Horn Island 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n \n\n5  First point of entry—aircraft\n\n  Horn Island Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Horn Island Airport is a first point of entry for the following:\n\n (a) baggage;\n\n (b) dead crustacea;\n\n (c) waste.\n\nNote 1: Horn Island 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\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 Horn Island Airport as a biosecurity entry point for aircraft.\n\n \n\n8  Biosecurity entry points—goods\n\n  Each area of Horn Island 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 Horn Island Airport International Inspection Point\n\n\nNote 1: If an aircraft has arrived at Horn Island 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 Horn Island 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\n \n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Horn Island 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 Horn Island Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Horn Island Airport; or\n\n (b) a biosecurity entry point at Horn Island 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 Horn Island Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Horn Island Airport; or\n\n (b) a biosecurity entry point at Horn Island 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 Horn Island 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 Horn Island Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Horn Island Airport;\n\n (b) a change to the facilities or amenities available at Horn Island Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Horn Island Airport;\n\n (c) a change to the procedures at Horn Island Airport that may affect the ability of a person who carries out operations at Horn Island Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Horn Island 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 Horn Island Airport;\n\n (e) a change to the procedures at Horn Island Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Horn Island Airport.\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 Horn Island Airport as a first point of entry for specific aircraft and goods, with associated biosecurity entry points and operational conditions. There is no evidence of scope creep; the instrument is narrow, specific, and limited to the particular airport and restricted categories of goods (baggage, dead crustacea, waste)."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4 (Act, aircraft, goods, waste), with most terms imported by reference from the parent Biosecurity Act 2015","Simple structure: straightforward declarative provisions designating the airport and specifying limited goods","Limited conditional logic: only basic notification conditions in section 9, with no nested exceptions or complex triggers","No cross-references to other legislative instruments beyond the parent Act (Biosecurity Act 2015)"],"plain_english_summary":"Horn Island Airport is officially designated a first point of entry for certain international flights, allowing aircraft to land and limited goods (baggage, dead crustacea, aircraft waste) to enter through its International Inspection Point for biosecurity checks.  \n\nThe determination requires airport owners/operators to notify the Agriculture Department of operational or risk-management changes. It affects airlines, passengers, operators and biosecurity officials—balancing secure biosecurity controls with continued air links for Torres Strait communities."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself sets out the scope as of commencement (16 June 2019) and contains no amendments or indications that it alters an earlier determination. It establishes designations and notification conditions; there is no text in this instrument indicating a change from a prior scope or intent."},"complexity_factors":["Narrow, specific subject‑matter: designation of a single airport and limited classes of goods (s5–6).","Direct cross‑references to the Biosecurity Act for definitions and duties (Authority under s223(1); definitions referencing ss9 and 19 of the Act) which require users to consult primary legislation for full effect (s3, s4).","Differentiated designations: airport is a first point of entry for aircraft generally (s5) but a biosecurity entry point is designated only for baggage at the International Inspection Point (s7–8), creating mixed operational rules.","Notification obligations placed on owners, lessees and responsible operators to inform the Agriculture Department of changes to operators, procedures or facilities, using subjective timing terms—“as soon as practicable” and “reasonable notice”—which create implementation discretion and some compliance uncertainty (s9(2)–(5)).","Commencement and amendment note that the instrument’s table reflects the instrument as originally made and that column 3 is non‑operative editorial material, requiring attention when tracking changes (Commencement table, note to table in s2)."],"plain_english_summary":"This instrument names Horn Island Airport as a regulated first point of entry for aircraft and for specified goods (baggage, dead crustacea and waste) and designates the airport’s International Inspection Point as the biosecurity entry point for baggage. It requires airport owners, lessees and operational bodies to notify the Department of Agriculture of changes to who runs the airport or to procedures, facilities or amenities that affect biosecurity, imposing a practical notification and coordination obligation on local operators."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-horn-island-airport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-horn-island-airport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-horn-island-airport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-horn-island-airport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-horn-island-airport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-horn-island-airport-determination-2019/documents"}}