{"id":"F2019L00752","name":"Biosecurity (First Point of Entry—Port Hedland Airport) Determination 2019","slug":"biosecurity-first-point-of-entry-port-hedland-airport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440080,"registerId":"F2019L00752-fast-fetch-1775955854367","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Port Hedland 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—Port Hedland 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\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \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—Port Hedland 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n \n\nPart 2—First point of entry\n\n \n\n5  First point of entry—aircraft\n\n  Port Hedland Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Port Hedland Airport is a first point of entry for goods other than live horses.\n\nNote: 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 Port Hedland Airport as a biosecurity entry point for aircraft.\n\n8  Biosecurity entry points—goods\n\n  Each area of Port Hedland 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 Port Hedland Airport International Terminal\n\n\nNote 1: If an aircraft has arrived at Port Hedland 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 Port Hedland 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 Port Hedland 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 Port Hedland Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port Hedland Airport; or\n\n (b) a biosecurity entry point at Port Hedland 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 Port Hedland Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port Hedland Airport; or\n\n (b) a biosecurity entry point at Port Hedland 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 Port Hedland 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 Port Hedland Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port Hedland Airport;\n\n (b) a change to the facilities or amenities available at Port Hedland Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port Hedland Airport;\n\n (c) a change to the procedures at Port Hedland Airport that may affect the ability of a person who carries out operations at Port Hedland Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port Hedland 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 Port Hedland Airport;\n\n (e) a change to the procedures at Port Hedland Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port Hedland Airport.\n\n \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 Port Hedland Airport as a first point of entry under the Biosecurity Act 2015, specifying entry points for baggage, and imposing notification conditions. There is no evidence of scope creep — it does exactly what its title suggests and no more."},"complexity_factors":["Very short instrument — only 9 sections across 4 Parts","Minimal defined terms (only 2 explicit definitions in section 4, plus references to Act definitions)","Simple structure: designation of first point of entry, designation of one biosecurity entry point for baggage only, and notification conditions","No nested exceptions or complex conditional logic — the only exception is the exclusion of live horses from goods","No cross-references to other legislative instruments beyond the parent Biosecurity Act 2015","Straightforward notification requirements in Part 4 with clear triggers (change of operator, change of procedures/facilities)"],"plain_english_summary":"This Determination designates Port Hedland Airport as an official “first point of entry” for international aircraft and most imported goods (excluding live horses), enabling international arrivals while imposing biosecurity controls. Baggage must be processed through the International Terminal so biosecurity officers can inspect for pests and diseases.\n\nIt affects aircraft operators, importers/freight handlers, the airport owner/lessees (who must report changes), and biosecurity authorities — creating the legal and operational framework to protect Australia’s borders."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This determination implements the Biosecurity Act framework by naming Port Hedland Airport as a first point of entry and by designating a specific baggage entry point (ss5–8), while excluding live horses from goods entry at the airport (s6). It does not expand or narrow the Act’s substantive biosecurity powers; it operationalises where those powers apply and imposes notification conditions on owners/lessees/operators (s9)."},"complexity_factors":["Cross‑references to the Biosecurity Act 2015 (see Authority, s3) and Act provisions affecting operation (definitions at s4; notes referencing ss147, 173, 174, 223 and 238) create dependency on external statutory meaning.","Selective designation: aircraft generally designated as entering at the airport (s5) but no specific biosecurity entry point for aircraft is set (note under s7), producing operational ambiguity about aircraft handling.","Narrow goods designation: only 'baggage' is given a specific biosecurity entry point (s8 and table), while other goods (except live horses excluded by s6) remain undesignated, affecting when s147 duties apply (see Note 1 to s8).","Notification and timing standards use subjective terms—'as soon as practicable' (s9(2),(3)) and 'reasonable notice' (s9(4))—creating compliance uncertainty about exact timeframes.","Multiple responsible parties: duties attach to an owner (or an owner where multiple owners) and a lessee (or a lessee where multiple lessees) (s9(2),(3)), producing potential coordination and enforcement complexity.","Operational detail left to airport operators: required notices concern procedural, facilities and amenity changes that affect biosecurity risk (s9(5)(a)–(e)), relying on internal operator judgment about what 'affects' risk."],"plain_english_summary":"This instrument makes Port Hedland Airport a designated first point of entry for aircraft and for most goods (explicitly excluding live horses) and designates the airport’s international terminal baggage area as the biosecurity entry point for baggage. It obliges airport owners, lessees and operators to notify the Department of Agriculture of changes to operators, procedures or facilities that could affect biosecurity, and thereby fixes where and when biosecurity officials may require inspections and goods handling."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-hedland-airport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-hedland-airport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-hedland-airport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-hedland-airport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-hedland-airport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-hedland-airport-determination-2019/documents"}}