{"id":"F2019L01593","name":"Biosecurity (First Point of Entry—Port of Albany) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-albany-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440326,"registerId":"F2019L01593-fast-fetch-1775956000963","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Port of Albany) 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 of Albany) Determination 2019\n\nI, Leanne Herrick, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 29 November 2019\n\nLeanne Herrick\n\nActing Assistant 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—vessels\n\n6  First point of entry—goods\n\nPart 3—Biosecurity entry points\n\n7  Biosecurity entry points—vessels\n\n8  Biosecurity entry points—goods\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Port of Albany) 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16 December 2019. 16 December 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 229(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\ngeneral goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, 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\ninorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n\n (b) do not contain animals, plants, organic compounds or microbes.\n\nnon‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\nvessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\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 vessel on which the goods are carried, to be disposed of.\n\nPart 2—First point of entry\n\n5  First point of entry—vessels\n\n  Port of Albany is a first point of entry for vessels other than non‑commercial vessels.\n\n6  First point of entry—goods\n\n  Port of Albany is a first point of entry for the following:\n\n (a) baggage carried on a vessel other than a non-commercial vessel or a passenger vessel;\n\n (b) general goods;\n\n (c) inorganic bulk goods;\n\n (d) waste.\n\nNote 1: Port of Albany 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—vessels\n\n  Each area of Port of Albany specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.\n\n \n\n- Biosecurity entry points—vessels\n- Item Column 1Vessels Column 2Areas\n- 1 Vessels other than non‑commercial vessels The following areas:(a) Berth 1;(b) Berth 2\n- 2 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) Berth 3;(b) Berth 6\n\n\nNote: A vessel that has arrived at Port of Albany must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).\n\n8  Biosecurity entry points—goods\n\n  Each area of Port of Albany 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 All of the following:(a) baggage carried on a vessel other than a non-commercial vessel or a passenger vessel;(b) waste The following areas:(a) Berth 1;(b) Berth 2;(c) Berth 3;(d) Berth 6\n- 2 All of the following:(a) inorganic bulk goods;(b) general goods The following areas:(a) Berth 1;(b) Berth 2;(c) Berth 3\n\n\nNote: If a vessel has arrived at Port of Albany and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Albany 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 of Albany becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Albany; or\n\n (b) a biosecurity entry point at Port of Albany;\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 of Albany becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Albany; or\n\n (b) a biosecurity entry point at Port of Albany;\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 of Albany 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 of Albany providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Albany;\n\n (b) a change to the facilities or amenities available at Port of Albany for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Albany;\n\n (c) a change to the procedures at Port of Albany that may affect the ability of a person who carries out operations at Port of Albany to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Albany 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 of Albany;\n\n (e) a change to the procedures at Port of Albany for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Albany.\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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements the Biosecurity Act's delegated power to designate first points of entry and biosecurity entry points (s3) and specifies conditions for notification and operations at Port of Albany (ss5–9). It does not alter the Act's statutory definitions or expand categories beyond those referenced in the Act (see s4 and the instrument's cross-references)."},"complexity_factors":["Delegated but narrow scope: instrument exercises delegated power under the Biosecurity Act (s3) and relies on Act definitions (s4) rather than creating new legal categories.","Specificity of designations: distinct classes of vessels and goods mapped to particular berths (ss5–8) reduces operational ambiguity but requires precise operational compliance.","Notification obligations: owners, lessees and persons running operations must notify the Department about business, procedural or facility changes (s9(2)–(4)); this creates ongoing administrative burden for multiple private parties.","Operational effect: arrivals must be brought to designated biosecurity entry points 'as soon as practicable' (notes referring to ss147, 246 of the Act), introducing a flexible but imprecise timeliness standard.","Cross-references to the Act: multiple external references (definitions and other Act sections (noted s9, s19, ss147, 173, 174, 246)) mean implementers must read both instruments together.","Limited subject-matter complexity: the instrument covers only Port of Albany and a small set of goods/vessel classes, keeping legal footprint small (ss5–8).","Vague standards: terms like 'reasonable notice' and 'as soon as practicable' (s9(4); notes) transfer discretion to administrators and operators, increasing implementation risk."],"plain_english_summary":"**What this does:** This instrument names Port of Albany as a first point of entry for most commercial vessels and for specified goods, and it designates particular berths at the port as the places where arriving vessels and unloaded goods must be brought for biosecurity checks. \n\n**Who it affects and why it matters:** Port owners, lessees, operators, vessel masters and importers must follow the berth designations and notify the Department of Agriculture of business, procedural or facility changes that could affect biosecurity, creating defined compliance and administrative duties (ss5–9)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard, narrow port-specific determination made under the Biosecurity Act 2015. It performs exactly the function intended by its enabling provision (section 229(1)) - designating a specific port as a first point of entry with appropriate conditions. There is no scope creep; it remains tightly focused on the Port of Albany's operational parameters."},"complexity_factors":["Short instrument (9 sections total)","Simple structure with clear Parts (Preliminary, First point of entry, Biosecurity entry points, Conditions)","Only 5 defined terms in section 4 (Act, general goods, goods, inorganic bulk goods, non-commercial vessel, vessel, waste)","Straightforward conditional logic (if/then) in notification requirements (section 9)","Tabular format for entry points makes vessel/goods classification easy to follow","No nested exceptions or complex cross-referencing beyond basic references to the parent Biosecurity Act 2015","Limited scope - applies only to single port with specific berth designations"],"plain_english_summary":"The law designates the Port of Albany (WA) as a first point of entry for international commercial vessels and specified goods, requiring arrivals to use designated berths for biosecurity inspection. It affects ship operators, importers, freight companies, and the port’s owners/operators, who must notify the Agriculture Department of operational or biosecurity changes. The change enables trade through Albany while enforcing inspections to protect Australia’s agriculture and environment from pests and diseases."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-albany-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-albany-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-albany-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-albany-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-albany-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-albany-determination-2019/documents"}}