{"id":"F2019L00804","name":"Biosecurity (First Point of Entry—Port of Bowen (Abbot Point)) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-bowen-abbot-point-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440120,"registerId":"F2019L00804-fast-fetch-1775955876701","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 Bowen (Abbot Point)) 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 Bowen (Abbot Point)) 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\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 Bowen (Abbot Point)) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Bowen (Abbot Point) 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\n  Port of Bowen (Abbot Point) 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 Bowen (Abbot Point) 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 Bowen (Abbot Point) 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 Adani Abbot Point Terminal (AAPT) T1\n\n\nNote: A vessel that has arrived at Port of Bowen (Abbot Point) 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 Bowen (Abbot Point) 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 Adani Abbot Point Terminal (AAPT) T1\n\n\nNote: If a vessel has arrived at Port of Bowen (Abbot Point) 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 Bowen (Abbot Point) 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 Bowen (Abbot Point) becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Bowen (Abbot Point); or\n\n (b) a biosecurity entry point at Port of Bowen (Abbot Point);\n\nthe owner (or, if there is more than one owner, an owner) must give the Agriculture Department written 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 Bowen (Abbot Point) becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Bowen (Abbot Point); or\n\n (b) a biosecurity entry point at Port of Bowen (Abbot Point);\n\nthe lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department written 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 Bowen (Abbot Point) 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 Bowen (Abbot Point) providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Bowen (Abbot Point);\n\n (b) a change to the facilities or amenities available at Port of Bowen (Abbot Point) for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Bowen (Abbot Point);\n\n (c) a change to the procedures at Port of Bowen (Abbot Point) that may affect the ability of a person who carries out operations at Port of Bowen (Abbot Point) to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Bowen (Abbot Point) 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 Bowen (Abbot Point);\n\n (e) a change to the procedures at Port of Bowen (Abbot Point) for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Bowen (Abbot Point).\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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument creates and fixes the scope of biosecurity entry responsibilities for Port of Bowen (Abbot Point): it designates which classes of vessels and goods are treated as entering at that first point and identifies the specific terminal (ss 5–8). It also imposes continuing notification and reasonable‑notice obligations on owners, lessees and operators to inform the Agriculture Department of operational, procedural or facility changes that may affect biosecurity risk (s 9)."},"complexity_factors":["Narrow, concrete scope — designates a single port and a single terminal as the first point/biosecurity entry point (ss 5–8).","Explicit exclusions — non‑commercial vessels and passenger vessels are excluded from the designation, and baggage is limited to vessels that are not excluded (ss 5–6; tables in ss 7–8).","Notification and procedural obligations create ongoing compliance duties for owners, lessees and operators (s 9(2)–(4)).","Use of open standards of timing and notice — terms like “as soon as practicable” and “reasonable notice” introduce administrative discretion and potential implementation ambiguity (notes to s 7; s 9(4)).","Reliance on definitions and other Act provisions — the instrument cross‑references the Biosecurity Act for key terms and for rules on prohibited or conditionally non‑prohibited goods (s 3; s 4; notes to s 6 referring to ss 173–174 of the Act).","Low legislative complexity but operational complexity — the legal text is short, but compliance requires coordination between private operators and the Agriculture Department (s 9).","Made under a delegated power — instrument issued under s 229(1) of the Biosecurity Act, so administration and any future changes depend on departmental processes (s 3)."],"plain_english_summary":"This determination designates Port of Bowen (Abbot Point) as a biosecurity first point of entry for commercial vessels (non‑commercial and passenger vessels are excluded) and for baggage carried on those vessels, and specifies Adani Abbot Point Terminal (AAPT) T1 as the biosecurity entry point. It requires owners, lessees and operators to give written notice to the Agriculture Department of proposed or actual changes to operations, facilities or procedures that could affect biosecurity risk."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: designating Abbot Point as a restricted first point of entry for commercial cargo vessels only. The conditions in Part 4 are standard administrative requirements for port designation instruments under the Biosecurity Act 2015, ensuring the Agriculture Department maintains oversight of port operations affecting biosecurity risk."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4, with most terms referencing the parent Act","Simple conditional logic: straightforward exclusions ('other than non-commercial vessels and passenger vessels') without nested exceptions","Single operational location: only one biosecurity entry point designated (AAPT T1)","No cross-references to other legislative instruments beyond the parent Act and Biosecurity Regulation 2016","Clear tabular format for entry point specifications"],"plain_english_summary":"The law names the Port of Bowen (Abbot Point) an official first point of entry for international commercial cargo ships only, excluding passenger and private vessels, and requires all ships and baggage to undergo biosecurity checks at the Adani Abbot Point Terminal (AAPT T1). Port owners, lessees and operators must notify the Agriculture Department of changes to operators, biosecurity measures or facilities.\n\nIt affects cargo shippers, the port’s operators (including Adani) and biosecurity authorities, and aims to protect Australia from pests and diseases while reflecting the port’s coal-export focus."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-bowen-abbot-point-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-bowen-abbot-point-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-bowen-abbot-point-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-bowen-abbot-point-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-bowen-abbot-point-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-bowen-abbot-point-determination-2019/documents"}}