{"id":"F2019L00797","name":"Biosecurity (First Point of Entry—Port of Ardrossan) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-ardrossan-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440117,"registerId":"F2019L00797-fast-fetch-1775955874561","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 Ardrossan) 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 Ardrossan) 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\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 Ardrossan) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 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\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\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\nPart 2—First point of entry\n\n5  First point of entry—vessels\n\n Port of Ardrossan is a first point of entry for vessels other than the following:\n\n (a) non‑commercial vessels;\n\n (b) passenger vessels.\n\n6  First point of entry—goods\n\nPort of Ardrossan is a first point of entry for baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel\n\nNote 1: Port of Ardrossan 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 Ardrossan 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 the following:(a) non‑commercial vessels;(b) passenger vessels Viterra Ardrossan Wharf\n\n\nNote: A vessel that has arrived at Port of Ardrossan must be brought to a biosecurity entry point for the vessel at that Port of Ardrossan as soon as practicable (see section 246 of the Act).\n\n8  Biosecurity entry points—goods\n\n  Each area of Port of Ardrossan 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 carried on a vessel other than a non‑commercial vessel or a passenger vessel Viterra Ardrossan Wharf\n\n\nNote: If a vessel has arrived at Port of Ardrossan 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 Ardrossan 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 Ardrossan becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Ardrossan; or\n\n (b) a biosecurity entry point at Port of Ardrossan;\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 Ardrossan becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Ardrossan; or\n\n (b) a biosecurity entry point at Port of Ardrossan;\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 Ardrossan 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 Ardrossan providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Ardrossan;\n\n (b) a change to the facilities or amenities available at Port of Ardrossan for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Ardrossan;\n\n (c) a change to the procedures at Port of Ardrossan that may affect the ability of a person who carries out operations at Port of Ardrossan to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Ardrossan 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 Ardrossan;\n\n (e) a change to the procedures at Port of Ardrossan for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Ardrossan.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument narrows and specifies the biosecurity entry regime at Port of Ardrossan by designating the Port as a first point of entry only for certain classes (commercial vessels and their baggage) and by naming a single biosecurity entry point (Viterra Ardrossan Wharf), while imposing notification requirements on owners/lessees/operators about changes that affect biosecurity (see ss5–9). It therefore changes the operational scope at that port from a generic status under the Act to a targeted, conditioned designation."},"complexity_factors":["Cross-references to the Biosecurity Act 2015 and Biosecurity Regulation 2016 for defined terms and related powers/obligations (see s4 and notes to ss5–8).","Narrow, class-based designations that exclude non-commercial and passenger vessels, requiring attention to definitions to determine applicability (ss5–6, s4).","Specific location designation (Viterra Ardrossan Wharf) that creates a concrete operational requirement for vessel and baggage movement (ss7–8).","Notification and procedural obligations on owners, lessees and operators to inform the Department of changes affecting biosecurity risk or facilities (s9(2)–(5)), creating compliance and record-keeping burden.","Operational linkage to timing obligations in the Act (must bring vessels/goods to biosecurity entry points 'as soon as practicable')—instrument points to enforcement/operational provisions elsewhere (notes referencing ss147, 173, 174, 246).","Commencement and administrative formalities set out in a commencement table (s2) that can affect transitional obligations for stakeholders."],"plain_english_summary":"Designates Port of Ardrossan as a ‘first point of entry’ for vessels (excluding non‑commercial and passenger vessels) and for baggage carried on those vessels, and names Viterra Ardrossan Wharf as the biosecurity entry point. Owners, lessees and operators must notify the Agriculture Department of changes to operators, facilities or procedures that affect biosecurity. This matters to ship operators, port owners/lessees and biosecurity officials because it fixes where vessels and baggage must be presented for biosecurity checks and creates a legal notification duty."},"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":"The legislation maintains a narrow, specific scope consistent with its purpose: designating a single port (Ardrossan) as a limited first point of entry for specific vessel and goods classes. It does not expand beyond this administrative function."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 4 definitions in section 4, plus references to Act definitions)","Simple conditional logic limited to exclusions ('other than non-commercial vessels and passenger vessels')","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015","Straightforward tabular format for entry points with only 1 item per table","Single condition set (notification requirements) with 5 specific sub-categories of reportable changes"],"plain_english_summary":"This instrument designates the Port of Ardrossan (specifically Viterra Ardrossan Wharf) as a first point of entry for overseas cargo vessels and their baggage, subject to reporting and operational conditions. It excludes passenger ships, cruise vessels and private boats.\n\nIt matters for ship operators, the port’s owners/operators and biosecurity authorities because it permits controlled international cargo arrivals while ensuring inspections and biosecurity oversight."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-ardrossan-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-ardrossan-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-ardrossan-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-ardrossan-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-ardrossan-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-ardrossan-determination-2019/documents"}}