{"id":"F2023L00194","name":"Biosecurity (First Point of Entry—Norfolk Island International Airport) Determination 2023","slug":"biosecurity-first-point-of-entry-norfolk-island-international-airport-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441748,"registerId":"F2023L00194-fast-fetch-1775956972903","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Norfolk Island International Airport) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\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—Norfolk Island International Airport) Determination 2023\n\nI, Joel Willis, Acting Assistant Secretary, Biosecurity Operations Division, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 1 March 2023\n\n \n\nJoel Willis\n\nJoel Willis\n\nActing Assistant Secretary   Biosecurity Operations Division   Department of Agriculture, Fisheries and Forestry\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\nPart 1—Preliminary\n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Norfolk Island International Airport) Determination 2023.\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this instrument 16 March 2023. 16 March 2023\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\ngeneral goods means goods other than baggage, live horses or waste.\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:\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  Norfolk Island International Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Norfolk Island International Airport is a first point of entry for the following classes of goods:\n\n (a) baggage;\n\n (b) general goods.\n\nNote 1: Norfolk Island International 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 Norfolk Island International Airport as a biosecurity entry point for aircraft.\n\n8  Biosecurity entry points—goods\n\n  Each area of Norfolk Island International 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 Norfolk Island International Terminal\n\n\nNote 1: If an aircraft has arrived at Norfolk Island International 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 Norfolk Island International 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 Norfolk Island International 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 Norfolk Island International Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Norfolk Island International Airport; or\n\n (b) a biosecurity entry point at Norfolk Island International 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 Norfolk Island International Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Norfolk Island International Airport; or\n\n (b) a biosecurity entry point at Norfolk Island International 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 Norfolk Island International 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 Norfolk Island International Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Norfolk Island International Airport;\n\n (b) a change to the facilities or amenities available at Norfolk Island International Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Norfolk Island International Airport;\n\n (c) a change to the procedures at Norfolk Island International Airport that may affect the ability of a person who carries out operations at Norfolk Island International Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Norfolk Island International 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 Norfolk Island International Airport;\n\n (e) a change to the procedures at Norfolk Island International Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Norfolk Island International Airport.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains a narrow, specific scope consistent with its purpose: designating a single airport as a first point of entry with limited goods classes and reporting conditions. No scope creep detected."},"complexity_factors":["Short instrument with only 9 substantive sections across 4 Parts","Minimal defined terms (only 4 explicit definitions in section 4, plus references to Act definitions)","Simple conditional logic — primarily notification triggers in section 9","Single cross-reference table for biosecurity entry points (one entry: baggage → terminal)","No nested exceptions or deeply conditional provisions","Straightforward administrative conditions rather than substantive prohibitions or offences"],"plain_english_summary":"This determination makes Norfolk Island International Airport an approved first point of entry for international flights into Australia, allowing baggage and most general goods to enter while excluding live horses and waste. It requires incoming baggage to be presented at the Norfolk Island International Terminal for biosecurity inspection and obliges airport owners/operators to notify the Agriculture Department of changes to management, biosecurity procedures, facilities, or risk reporting. The change enables controlled international access while protecting Australia’s biosecurity."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself does not indicate any departure from its stated purpose: it designates the airport and specific goods/classes as first points of entry and adds notification conditions; no contrary or broadened scope is present in the text."},"complexity_factors":["Narrow, focused scope: designates airport as first point of entry for aircraft generally and for specific goods classes (baggage, general goods) (ss 5–6).","Limited biosecurity entry-point designations: only the Norfolk Island terminal is set as a biosecurity entry point for baggage; no area is designated for aircraft biosecurity entry points (ss 7–8).","Notification and procedural duties: owners, lessees and persons responsible for operations must give written notice to the Agriculture Department of changes or proposed changes (s 9(2)–(4)).","Timing and standard uncertainty: compliance timing uses broad standards — “as soon as practicable” and “reasonable notice” — which leave administrative discretion and create interpretive/compliance risk (s 9(2), (4)).","Reliance on the Biosecurity Act: operational effects and obligations cross‑reference sections of the Act (for example, ss 147, 173, 174, 238), so users must read both instruments to understand full legal effect (notes to ss 6–8).","Operational impact concentrated on airport owners/operators: costs and actions (notifications, potential facility or procedure changes) fall primarily on airport owners/lessees and on persons carrying out operations (s 9)."],"plain_english_summary":"This determination declares Norfolk Island International Airport a \"first point of entry\" under the Biosecurity Act for aircraft generally and for baggage and general goods, and it designates the Norfolk Island terminal as the biosecurity entry point for baggage. Owners, lessees and operators must notify the Department of Agriculture in writing of actual or proposed changes to the business entity, biosecurity procedures, facilities or other factors that may affect biosecurity risk, using standards like “as soon as practicable” and “reasonable notice.”"}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-norfolk-island-international-airport-determination-2023","history":"/api/acts/biosecurity-first-point-of-entry-norfolk-island-international-airport-determination-2023/history","analysis":"/api/acts/biosecurity-first-point-of-entry-norfolk-island-international-airport-determination-2023/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-norfolk-island-international-airport-determination-2023/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-norfolk-island-international-airport-determination-2023/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-norfolk-island-international-airport-determination-2023/documents"}}