{"id":"F2019L00745","name":"Biosecurity (First Point of Entry—Perth Airport) Determination 2019","slug":"biosecurity-first-point-of-entry-perth-airport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99363,"registerId":"commonwealth-F2019L00745-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Biosecurity (First Point of Entry—Perth Airport) Determination 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 223(1) of the Biosecurity Act 2015.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n  In this instrument:\n\n> Act means the Biosecurity Act 2015.\n\n> aircraft means an aircraft (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> goods means goods (as defined by section 19 of the Act):\n\n    (a) that are subject to biosecurity control; or\n    (b) in relation to which an exposed goods order is in force.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"First point of entry","content":"## Part 2—First point of entry","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"First point of entry—aircraft","content":"#### 5 First point of entry—aircraft\n\n  Perth Airport is a first point of entry for aircraft generally.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"First point of entry—goods","content":"#### 6 First point of entry—goods\n\n  Perth Airport is a first point of entry for all goods.\n\n> Note: 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.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Biosecurity entry points","content":"## Part 3—Biosecurity entry points","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Biosecurity entry points—aircraft","content":"#### 7 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 Perth Airport as a biosecurity entry point for aircraft.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Biosecurity entry points—goods","content":"#### 8 Biosecurity entry points—goods\n\n  Each area of Perth 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```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:100%; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Biosecurity entry points—goods</span></p></td></tr><tr><td style=\"width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 1</span></p><p class=\"TableHeading\"><span>Goods</span></p></td><td style=\"width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Column 2</span></p><p class=\"TableHeading\"><span>Areas</span></p></td></tr></thead><tbody><tr><td style=\"width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:45.7%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Baggage</span></p></td><td style=\"width:45.72%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>The following areas:</span></p><p class=\"Tablea\"><span>(a) Perth Airport International Terminal 1;</span></p><p class=\"Tabletext\"><span>(b) Perth Airport International Terminal 3;</span></p><p class=\"Tablea\"><span>(c) the terminal located at 26 Newton Road, Perth Airport;</span></p><p class=\"Tablea\"><span>(d) the terminal located at 131 Fauntleroy Avenue, Perth Airport;</span></p><p class=\"Tablea\"><span>(e) the terminal located at 145 Fauntleroy Avenue, Perth Airport.</span></p></td></tr><tr><td style=\"width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Live Horses</span></p></td><td style=\"width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tablea\"><span>QANTAS CTO</span></p></td></tr></tbody></table>\n```\n\n> Note 1: If an aircraft has arrived at Perth 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Perth 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.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Conditions","content":"## Part 4—Conditions","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Conditions—notifying Agriculture Department of changes","content":"#### 9 Conditions—notifying Agriculture Department of changes\n\n  (1) The determination of Perth Airport as a first point of entry by this instrument is subject to the conditions in this section.\n  (2) If the owner (or, if there is more than one owner, an owner) of Perth Airport becomes aware that there has been, or will be, a change to the business entity operating:\n    (a) Perth Airport; or\n    (b) a biosecurity entry point at Perth Airport;\n  the 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  (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Perth Airport becomes aware that there has been, or will be, a change to the business entity operating:\n    (a) Perth Airport; or\n    (b) a biosecurity entry point at Perth Airport;\n  the 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  (4) If a person or body that is responsible for carrying out operations at Perth 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  (5) For the purposes of subsection (4), the changes are as follows:\n    (a) a change to the procedures at Perth Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Perth Airport;\n    (b) a change to the facilities or amenities available at Perth Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Perth Airport;\n    (c) a change to the procedures at Perth Airport that may affect the ability of a person who carries out operations at Perth Airport to identify biosecurity risks associated with those operations;\n    (d) a change to the procedures at Perth 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 Perth Airport;\n    (e) a change to the procedures at Perth Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Perth Airport.","sortOrder":11}],"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument defines the scope for Perth Airport by declaring it a first point of entry for aircraft and goods and by specifying biosecurity entry points for certain goods, and by imposing notification conditions. It does not indicate any expansion or reduction of the Biosecurity Act’s broader scope or purport to amend other determinations; it confines its effect to the designations and conditions in this instrument (ss5–6, 8, 9)."},"complexity_factors":["Cross-references to the Biosecurity Act for key definitions and obligations (instrumental reliance on s9 and s19 for definitions; notes cite ss147, 173, 174, 238) (s4; notes to s8; s3 authority).","Partial designation: aircraft are declared a first point of entry but no areas at Perth are designated as biosecurity entry points for aircraft (creates a gap in obligations) (s5, s7).","Specific mapping of goods to physical airport areas via a table (baggage to named terminals; live horses to QANTAS CTO) that requires precise spatial interpretation by operators and inspectors (s8 table).","Notification and timing obligations placed on owners, lessees and persons responsible for operations, with multi‑party duties to notify the Agriculture Department as soon as practicable or give reasonable notice for proposed changes (s9(2)–(5)).","Operational linkage to Act obligations for unloading and routing of goods (goods must be brought to a biosecurity entry point as soon as practicable where one is designated; note referencing s147), increasing coordination needs between handlers and biosecurity officials (note to s8).","Administrative dependence on the Agriculture Department to receive and act on notices—creates an administrative interface and potential discretional interaction though the instrument specifies only notice requirements (s9; s3).","Interpretation/implementation detail concentrated in a small number of provisions and external Act sections, creating modest legal-technical work for compliance teams and counsel (s4, s8, s9)."],"plain_english_summary":"This instrument designates Perth Airport as a biosecurity first point of entry for aircraft and for all goods, and identifies which airport areas are official biosecurity entry points for particular goods (baggage and live horses) (ss5–6, 8). It also requires airport owners, lessees and operators to give written notice to the Agriculture Department about business, facility or procedure changes that could affect biosecurity functions (s9). Who pays and acts: airport owners/operators, airlines and freight handlers take on routing and notification duties and related compliance costs."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow administrative determination that does exactly what its title suggests: designates Perth Airport as a first point of entry under the Biosecurity Act 2015. It has not expanded beyond its original purpose of establishing the airport's status and setting basic operational conditions. The scope remains tightly focused on Perth Airport specifically, with no creeping expansion into broader biosecurity policy."},"complexity_factors":["Very short instrument (only 9 sections plus definitions)","Only 3 defined terms ('Act', 'aircraft', 'goods'), all referencing external definitions","Simple declarative structure: 'X is a first point of entry for Y'","Single table with only 2 rows designating biosecurity entry points","No nested exceptions or conditional logic beyond basic 'if' statements in notification requirements","Minimal cross-referencing (only to Biosecurity Act 2015 sections 9, 19, 147, 173, 174, 223, and 238)","Straightforward conditions in Part 4 requiring written notification of operational changes"],"plain_english_summary":"Perth Airport is formally designated as a \"first point of entry\" for international aircraft and goods, making it an official gateway where biosecurity officers can inspect incoming planes, baggage, cargo, mail and live animals. Specific entry points are set for baggage and live horses; other goods may arrive but without designated inspection locations.\n\nThis affects airport owners/operators, airlines, cargo handlers and travellers and enforces reporting and facility requirements to protect Australia’s biosecurity."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-perth-airport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-perth-airport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-perth-airport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-perth-airport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-perth-airport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-perth-airport-determination-2019/documents"}}