{"id":"F2019L00757","name":"Biosecurity (First Point of Entry—Port of Brisbane) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-brisbane-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99375,"registerId":"commonwealth-F2019L00757-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\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Brisbane) Determination 2019.\n\n#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n#### 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> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\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.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\n> non‑commercial vessel waste means waste carried on a non‑commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\n## Part 2—First point of entry\n\n#### 5 First point of entry—vessels\n\n Port of Brisbane is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Brisbane 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.\n\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Brisbane 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```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Non‑commercial vessels

Rivergate Marina and Shipyard

2

Passenger vessels

Brisbane Cruise Terminal – Hamilton 1 Wharf

3

Vessels other than non‑commercial vessels

The following areas:

(aa) Brisbane International Cruise Terminal;

(a) Fisherman Islands General Purpose Berth;

(b) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(c) Pinkenba Common User Berth

4

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(s) Hamilton No. 4;

(t) Incitec North;

(u) Incitec South;

(v) Port North Common User Berth;

(va) Quantem Bulk Liquid Storage;

(w) Queensland Bulk Terminals;

(x) Viva Energy Wharf;

(y) Wagners Wharf

5

Vessels other than passenger vessels

Pacific Marine Base

\n```\n\n> Note: A vessel that has arrived at Port of Brisbane 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\n#### 8 Biosecurity entry points—goods\n\n Each area of Port of Brisbane 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

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) non‑commercial vessel baggage;

(b) non‑commercial vessel waste‑

The following areas:

(a) Pacific Marine Base;

(b) Rivergate Marina and Shipyard

2

Freight containers

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Pacific Marine Base

3

General goods

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Fisherman Islands General Purpose Berth;

(n) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(o) Pacific Marine Base;

(p) Pinkenba Common User Berth;

(q) Quantem Bulk Liquid Storage;

(r) Queensland Bulk Terminals;

(s) Wagners Wharf

4

Inorganic bulk goods

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(r) Fisherman Islands General Purpose Berth;

(s) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(u) Hamilton No. 4;

(v) Incitec North;

(w) Incitec South;

(wa) Pacific Marine Base;

(x) Pinkenba Common User Berth;

(y) Port North Common User Berth;

(ya) Quantem Bulk Liquid Storage;

(z) Queensland Bulk Terminals;

(za) Viva Energy Wharf;

(zb) Wagners Wharf

5

Live horses

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3

6

Passenger vessel baggage

The following areas:

(a) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(b) Brisbane International Cruise Terminal;

(c) Fisherman Islands Multi‑User Terminal at Grain Wharf

7

Waste other than non‑commercial vessel waste

The following areas:

(a) BP Products Berth;

(b) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(c) Brisbane International Cruise Terminal;

(d) Caltex Crude Wharf;

(e) Caltex Products Berth;

(f) Cement Australia Wharf;

(g) Fisherman Islands Berth 1;

(h) Fisherman Islands Berth 2;

(i) Fisherman Islands Berth 3;

(j) Fisherman Islands Berth 4;

(k) Fisherman Islands Berth 5;

(l) Fisherman Islands Berth 6;

(m) Fisherman Islands Berth 7;

(n) Fisherman Islands Berth 8;

(o) Fisherman Islands Berth 9;

(p) Fisherman Islands Berth 10;

(q) Fisherman Islands Berth 11;

(r) Fisherman Islands Berth 12;

(s) Fisherman Islands Coal Berth;

(t) Fisherman Islands General Purpose Berth;

(u) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(v) Hamilton No. 4;

(w) Incitec North;

(x) Incitec South;

(y) Pacific Marine Base;

(z) Pinkenba Common User Berth;

(za) Port North Common User Berth;

(zb) Quantem Bulk Liquid Storage;

(zc) Queensland Bulk Terminals;

(zd) Viva Energy Wharf;

(ze) Wagners Wharf

\n```\n\n> Note 1: If a vessel has arrived at Port of Brisbane and is carrying goods mentioned in the table 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Brisbane 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Brisbane 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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane 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 Port of Brisbane providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Brisbane;\n (b) a change to the facilities or amenities available at Port of Brisbane for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Brisbane;\n (c) a change to the procedures at Port of Brisbane that may affect the ability of a person who carries out operations at Port of Brisbane to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Brisbane 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 Brisbane;\n (e) a change to the procedures at Port of Brisbane for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Brisbane.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Brisbane) Determination 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 229(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> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\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.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\n> non‑commercial vessel waste means waste carried on a non‑commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"First point of entry","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Brisbane) Determination 2019.\n\n#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n#### 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> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\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.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\n> non‑commercial vessel waste means waste carried on a non‑commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\n## Part 2—First point of entry\n\n#### 5 First point of entry—vessels\n\n Port of Brisbane is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Brisbane 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.\n\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Brisbane 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```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Non‑commercial vessels

Rivergate Marina and Shipyard

2

Passenger vessels

Brisbane Cruise Terminal – Hamilton 1 Wharf

3

Vessels other than non‑commercial vessels

The following areas:

(aa) Brisbane International Cruise Terminal;

(a) Fisherman Islands General Purpose Berth;

(b) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(c) Pinkenba Common User Berth

4

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(s) Hamilton No. 4;

(t) Incitec North;

(u) Incitec South;

(v) Port North Common User Berth;

(va) Quantem Bulk Liquid Storage;

(w) Queensland Bulk Terminals;

(x) Viva Energy Wharf;

(y) Wagners Wharf

5

Vessels other than passenger vessels

Pacific Marine Base

\n```\n\n> Note: A vessel that has arrived at Port of Brisbane 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\n#### 8 Biosecurity entry points—goods\n\n Each area of Port of Brisbane 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

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) non‑commercial vessel baggage;

(b) non‑commercial vessel waste‑

The following areas:

(a) Pacific Marine Base;

(b) Rivergate Marina and Shipyard

2

Freight containers

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Pacific Marine Base

3

General goods

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Fisherman Islands General Purpose Berth;

(n) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(o) Pacific Marine Base;

(p) Pinkenba Common User Berth;

(q) Quantem Bulk Liquid Storage;

(r) Queensland Bulk Terminals;

(s) Wagners Wharf

4

Inorganic bulk goods

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(r) Fisherman Islands General Purpose Berth;

(s) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(u) Hamilton No. 4;

(v) Incitec North;

(w) Incitec South;

(wa) Pacific Marine Base;

(x) Pinkenba Common User Berth;

(y) Port North Common User Berth;

(ya) Quantem Bulk Liquid Storage;

(z) Queensland Bulk Terminals;

(za) Viva Energy Wharf;

(zb) Wagners Wharf

5

Live horses

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3

6

Passenger vessel baggage

The following areas:

(a) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(b) Brisbane International Cruise Terminal;

(c) Fisherman Islands Multi‑User Terminal at Grain Wharf

7

Waste other than non‑commercial vessel waste

The following areas:

(a) BP Products Berth;

(b) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(c) Brisbane International Cruise Terminal;

(d) Caltex Crude Wharf;

(e) Caltex Products Berth;

(f) Cement Australia Wharf;

(g) Fisherman Islands Berth 1;

(h) Fisherman Islands Berth 2;

(i) Fisherman Islands Berth 3;

(j) Fisherman Islands Berth 4;

(k) Fisherman Islands Berth 5;

(l) Fisherman Islands Berth 6;

(m) Fisherman Islands Berth 7;

(n) Fisherman Islands Berth 8;

(o) Fisherman Islands Berth 9;

(p) Fisherman Islands Berth 10;

(q) Fisherman Islands Berth 11;

(r) Fisherman Islands Berth 12;

(s) Fisherman Islands Coal Berth;

(t) Fisherman Islands General Purpose Berth;

(u) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(v) Hamilton No. 4;

(w) Incitec North;

(x) Incitec South;

(y) Pacific Marine Base;

(z) Pinkenba Common User Berth;

(za) Port North Common User Berth;

(zb) Quantem Bulk Liquid Storage;

(zc) Queensland Bulk Terminals;

(zd) Viva Energy Wharf;

(ze) Wagners Wharf

\n```\n\n> Note 1: If a vessel has arrived at Port of Brisbane and is carrying goods mentioned in the table 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Brisbane 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Brisbane 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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane 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 Port of Brisbane providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Brisbane;\n (b) a change to the facilities or amenities available at Port of Brisbane for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Brisbane;\n (c) a change to the procedures at Port of Brisbane that may affect the ability of a person who carries out operations at Port of Brisbane to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Brisbane 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 Brisbane;\n (e) a change to the procedures at Port of Brisbane for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Brisbane.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"First point of entry—vessels","content":"#### 5 First point of entry—vessels\n\n Port of Brisbane is a first point of entry for vessels generally.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"First point of entry—goods","content":"#### 6 First point of entry—goods\n\n Port of Brisbane 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 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Brisbane) Determination 2019.\n\n#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n#### 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> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\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.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\n> non‑commercial vessel waste means waste carried on a non‑commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\n## Part 2—First point of entry\n\n#### 5 First point of entry—vessels\n\n Port of Brisbane is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Brisbane 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.\n\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Brisbane 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```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Non‑commercial vessels

Rivergate Marina and Shipyard

2

Passenger vessels

Brisbane Cruise Terminal – Hamilton 1 Wharf

3

Vessels other than non‑commercial vessels

The following areas:

(aa) Brisbane International Cruise Terminal;

(a) Fisherman Islands General Purpose Berth;

(b) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(c) Pinkenba Common User Berth

4

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(s) Hamilton No. 4;

(t) Incitec North;

(u) Incitec South;

(v) Port North Common User Berth;

(va) Quantem Bulk Liquid Storage;

(w) Queensland Bulk Terminals;

(x) Viva Energy Wharf;

(y) Wagners Wharf

5

Vessels other than passenger vessels

Pacific Marine Base

\n```\n\n> Note: A vessel that has arrived at Port of Brisbane 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\n#### 8 Biosecurity entry points—goods\n\n Each area of Port of Brisbane 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

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) non‑commercial vessel baggage;

(b) non‑commercial vessel waste‑

The following areas:

(a) Pacific Marine Base;

(b) Rivergate Marina and Shipyard

2

Freight containers

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Pacific Marine Base

3

General goods

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Fisherman Islands General Purpose Berth;

(n) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(o) Pacific Marine Base;

(p) Pinkenba Common User Berth;

(q) Quantem Bulk Liquid Storage;

(r) Queensland Bulk Terminals;

(s) Wagners Wharf

4

Inorganic bulk goods

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(r) Fisherman Islands General Purpose Berth;

(s) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(u) Hamilton No. 4;

(v) Incitec North;

(w) Incitec South;

(wa) Pacific Marine Base;

(x) Pinkenba Common User Berth;

(y) Port North Common User Berth;

(ya) Quantem Bulk Liquid Storage;

(z) Queensland Bulk Terminals;

(za) Viva Energy Wharf;

(zb) Wagners Wharf

5

Live horses

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3

6

Passenger vessel baggage

The following areas:

(a) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(b) Brisbane International Cruise Terminal;

(c) Fisherman Islands Multi‑User Terminal at Grain Wharf

7

Waste other than non‑commercial vessel waste

The following areas:

(a) BP Products Berth;

(b) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(c) Brisbane International Cruise Terminal;

(d) Caltex Crude Wharf;

(e) Caltex Products Berth;

(f) Cement Australia Wharf;

(g) Fisherman Islands Berth 1;

(h) Fisherman Islands Berth 2;

(i) Fisherman Islands Berth 3;

(j) Fisherman Islands Berth 4;

(k) Fisherman Islands Berth 5;

(l) Fisherman Islands Berth 6;

(m) Fisherman Islands Berth 7;

(n) Fisherman Islands Berth 8;

(o) Fisherman Islands Berth 9;

(p) Fisherman Islands Berth 10;

(q) Fisherman Islands Berth 11;

(r) Fisherman Islands Berth 12;

(s) Fisherman Islands Coal Berth;

(t) Fisherman Islands General Purpose Berth;

(u) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(v) Hamilton No. 4;

(w) Incitec North;

(x) Incitec South;

(y) Pacific Marine Base;

(z) Pinkenba Common User Berth;

(za) Port North Common User Berth;

(zb) Quantem Bulk Liquid Storage;

(zc) Queensland Bulk Terminals;

(zd) Viva Energy Wharf;

(ze) Wagners Wharf

\n```\n\n> Note 1: If a vessel has arrived at Port of Brisbane and is carrying goods mentioned in the table 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Brisbane 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Brisbane 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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane 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 Port of Brisbane providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Brisbane;\n (b) a change to the facilities or amenities available at Port of Brisbane for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Brisbane;\n (c) a change to the procedures at Port of Brisbane that may affect the ability of a person who carries out operations at Port of Brisbane to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Brisbane 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 Brisbane;\n (e) a change to the procedures at Port of Brisbane for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Brisbane.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Biosecurity entry points—vessels","content":"#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Brisbane 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```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Non‑commercial vessels

Rivergate Marina and Shipyard

2

Passenger vessels

Brisbane Cruise Terminal – Hamilton 1 Wharf

3

Vessels other than non‑commercial vessels

The following areas:

(aa) Brisbane International Cruise Terminal;

(a) Fisherman Islands General Purpose Berth;

(b) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(c) Pinkenba Common User Berth

4

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(s) Hamilton No. 4;

(t) Incitec North;

(u) Incitec South;

(v) Port North Common User Berth;

(va) Quantem Bulk Liquid Storage;

(w) Queensland Bulk Terminals;

(x) Viva Energy Wharf;

(y) Wagners Wharf

5

Vessels other than passenger vessels

Pacific Marine Base

\n```\n\n> Note: A vessel that has arrived at Port of Brisbane must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Biosecurity entry points—goods","content":"#### 8 Biosecurity entry points—goods\n\n Each area of Port of Brisbane 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

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) non‑commercial vessel baggage;

(b) non‑commercial vessel waste‑

The following areas:

(a) Pacific Marine Base;

(b) Rivergate Marina and Shipyard

2

Freight containers

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Pacific Marine Base

3

General goods

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Fisherman Islands General Purpose Berth;

(n) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(o) Pacific Marine Base;

(p) Pinkenba Common User Berth;

(q) Quantem Bulk Liquid Storage;

(r) Queensland Bulk Terminals;

(s) Wagners Wharf

4

Inorganic bulk goods

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(r) Fisherman Islands General Purpose Berth;

(s) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(u) Hamilton No. 4;

(v) Incitec North;

(w) Incitec South;

(wa) Pacific Marine Base;

(x) Pinkenba Common User Berth;

(y) Port North Common User Berth;

(ya) Quantem Bulk Liquid Storage;

(z) Queensland Bulk Terminals;

(za) Viva Energy Wharf;

(zb) Wagners Wharf

5

Live horses

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3

6

Passenger vessel baggage

The following areas:

(a) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(b) Brisbane International Cruise Terminal;

(c) Fisherman Islands Multi‑User Terminal at Grain Wharf

7

Waste other than non‑commercial vessel waste

The following areas:

(a) BP Products Berth;

(b) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(c) Brisbane International Cruise Terminal;

(d) Caltex Crude Wharf;

(e) Caltex Products Berth;

(f) Cement Australia Wharf;

(g) Fisherman Islands Berth 1;

(h) Fisherman Islands Berth 2;

(i) Fisherman Islands Berth 3;

(j) Fisherman Islands Berth 4;

(k) Fisherman Islands Berth 5;

(l) Fisherman Islands Berth 6;

(m) Fisherman Islands Berth 7;

(n) Fisherman Islands Berth 8;

(o) Fisherman Islands Berth 9;

(p) Fisherman Islands Berth 10;

(q) Fisherman Islands Berth 11;

(r) Fisherman Islands Berth 12;

(s) Fisherman Islands Coal Berth;

(t) Fisherman Islands General Purpose Berth;

(u) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(v) Hamilton No. 4;

(w) Incitec North;

(x) Incitec South;

(y) Pacific Marine Base;

(z) Pinkenba Common User Berth;

(za) Port North Common User Berth;

(zb) Quantem Bulk Liquid Storage;

(zc) Queensland Bulk Terminals;

(zd) Viva Energy Wharf;

(ze) Wagners Wharf

\n```\n\n> Note 1: If a vessel has arrived at Port of Brisbane and is carrying goods mentioned in the table 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Brisbane 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 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Brisbane) Determination 2019.\n\n#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n#### 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> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\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.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\n> non‑commercial vessel waste means waste carried on a non‑commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\n## Part 2—First point of entry\n\n#### 5 First point of entry—vessels\n\n Port of Brisbane is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Brisbane 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.\n\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Brisbane 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```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Non‑commercial vessels

Rivergate Marina and Shipyard

2

Passenger vessels

Brisbane Cruise Terminal – Hamilton 1 Wharf

3

Vessels other than non‑commercial vessels

The following areas:

(aa) Brisbane International Cruise Terminal;

(a) Fisherman Islands General Purpose Berth;

(b) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(c) Pinkenba Common User Berth

4

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(s) Hamilton No. 4;

(t) Incitec North;

(u) Incitec South;

(v) Port North Common User Berth;

(va) Quantem Bulk Liquid Storage;

(w) Queensland Bulk Terminals;

(x) Viva Energy Wharf;

(y) Wagners Wharf

5

Vessels other than passenger vessels

Pacific Marine Base

\n```\n\n> Note: A vessel that has arrived at Port of Brisbane 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\n#### 8 Biosecurity entry points—goods\n\n Each area of Port of Brisbane 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

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) non‑commercial vessel baggage;

(b) non‑commercial vessel waste‑

The following areas:

(a) Pacific Marine Base;

(b) Rivergate Marina and Shipyard

2

Freight containers

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Pacific Marine Base

3

General goods

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3;

(d) Fisherman Islands Berth 4;

(e) Fisherman Islands Berth 5;

(f) Fisherman Islands Berth 6;

(g) Fisherman Islands Berth 7;

(h) Fisherman Islands Berth 8;

(i) Fisherman Islands Berth 9;

(j) Fisherman Islands Berth 10;

(k) Fisherman Islands Berth 11;

(l) Fisherman Islands Berth 12;

(m) Fisherman Islands General Purpose Berth;

(n) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(o) Pacific Marine Base;

(p) Pinkenba Common User Berth;

(q) Quantem Bulk Liquid Storage;

(r) Queensland Bulk Terminals;

(s) Wagners Wharf

4

Inorganic bulk goods

The following areas:

(a) BP Products Berth;

(b) Caltex Crude Wharf;

(c) Caltex Products Berth;

(d) Cement Australia Wharf;

(e) Fisherman Islands Berth 1;

(f) Fisherman Islands Berth 2;

(g) Fisherman Islands Berth 3;

(h) Fisherman Islands Berth 4;

(i) Fisherman Islands Berth 5;

(j) Fisherman Islands Berth 6;

(k) Fisherman Islands Berth 7;

(l) Fisherman Islands Berth 8;

(m) Fisherman Islands Berth 9;

(n) Fisherman Islands Berth 10;

(o) Fisherman Islands Berth 11;

(p) Fisherman Islands Berth 12;

(q) Fisherman Islands Coal Berth;

(r) Fisherman Islands General Purpose Berth;

(s) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(u) Hamilton No. 4;

(v) Incitec North;

(w) Incitec South;

(wa) Pacific Marine Base;

(x) Pinkenba Common User Berth;

(y) Port North Common User Berth;

(ya) Quantem Bulk Liquid Storage;

(z) Queensland Bulk Terminals;

(za) Viva Energy Wharf;

(zb) Wagners Wharf

5

Live horses

The following areas:

(a) Fisherman Islands Berth 1;

(b) Fisherman Islands Berth 2;

(c) Fisherman Islands Berth 3

6

Passenger vessel baggage

The following areas:

(a) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(b) Brisbane International Cruise Terminal;

(c) Fisherman Islands Multi‑User Terminal at Grain Wharf

7

Waste other than non‑commercial vessel waste

The following areas:

(a) BP Products Berth;

(b) Brisbane Cruise Terminal – Hamilton 1 Wharf;

(c) Brisbane International Cruise Terminal;

(d) Caltex Crude Wharf;

(e) Caltex Products Berth;

(f) Cement Australia Wharf;

(g) Fisherman Islands Berth 1;

(h) Fisherman Islands Berth 2;

(i) Fisherman Islands Berth 3;

(j) Fisherman Islands Berth 4;

(k) Fisherman Islands Berth 5;

(l) Fisherman Islands Berth 6;

(m) Fisherman Islands Berth 7;

(n) Fisherman Islands Berth 8;

(o) Fisherman Islands Berth 9;

(p) Fisherman Islands Berth 10;

(q) Fisherman Islands Berth 11;

(r) Fisherman Islands Berth 12;

(s) Fisherman Islands Coal Berth;

(t) Fisherman Islands General Purpose Berth;

(u) Fisherman Islands Multi‑User Terminal at Grain Wharf;

(v) Hamilton No. 4;

(w) Incitec North;

(x) Incitec South;

(y) Pacific Marine Base;

(z) Pinkenba Common User Berth;

(za) Port North Common User Berth;

(zb) Quantem Bulk Liquid Storage;

(zc) Queensland Bulk Terminals;

(zd) Viva Energy Wharf;

(ze) Wagners Wharf

\n```\n\n> Note 1: If a vessel has arrived at Port of Brisbane and is carrying goods mentioned in the table 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Brisbane 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Brisbane 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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane 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 Port of Brisbane providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Brisbane;\n (b) a change to the facilities or amenities available at Port of Brisbane for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Brisbane;\n (c) a change to the procedures at Port of Brisbane that may affect the ability of a person who carries out operations at Port of Brisbane to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Brisbane 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 Brisbane;\n (e) a change to the procedures at Port of Brisbane for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Brisbane.","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 Port of Brisbane 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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Brisbane; or\n (b) a biosecurity entry point at Port of Brisbane;\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 Port of Brisbane 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 Port of Brisbane providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Brisbane;\n (b) a change to the facilities or amenities available at Port of Brisbane for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Brisbane;\n (c) a change to the procedures at Port of Brisbane that may affect the ability of a person who carries out operations at Port of Brisbane to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Brisbane 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 Brisbane;\n (e) a change to the procedures at Port of Brisbane for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Brisbane.","sortOrder":11}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument implements the Biosecurity Act’s mechanism for designating a first point of entry and specifying biosecurity entry points at a particular port. It does not expand beyond that statutory purpose: it names the port, defines relevant terms, designates entry points for classes of vessels and goods, and imposes notification conditions on owners/lessees/operators. There is no substantive growth of scope beyond the Act’s original framework; the instrument operationalises the Act for Port of Brisbane rather than introducing new categories of regulatory control."},"complexity_factors":["Short, single‑purpose statutory instrument with 9 substantive sections","Multiple defined terms in section 4 (approx. 9 defined expressions used within the instrument)","Two detailed tables (ss7 and 8) listing many berth/area entries and itemised classes of vessels/goods","Cross‑references to Biosecurity Act 2015 (notably ss147 and 246) that import external obligations and conditions","Notification conditions (s9) with several sub‑paragraphs and multiple actors (owners, lessees, persons/bodies responsible for operations)","Conditional logic: different obligations for different classes (vessels vs goods; specified goods vs ‘other goods’—Note 2)","Repetition of lists increases reading length but not legal complexity (the same lists recurred in the source text)"],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- Names the instrument and establishes its legal basis: it is made under subsection 229(1) of the Biosecurity Act 2015 (see Authority—section 3). \n- Declares Port of Brisbane to be a “first point of entry” for vessels (section 5) and for goods (section 6). That means the port is an official place at which biosecurity control measures under the Biosecurity Act apply when vessels or goods arrive in Australia.\n- Identifies specific locations inside Port of Brisbane that are “biosecurity entry points” for particular classes of vessels (section 7) and for particular classes of goods (section 8). The instrument lists which berths, wharves and terminals are the designated entry points for: non‑commercial vessels, passenger vessels, other classes of commercial vessels, freight containers, general goods, inorganic bulk goods, live horses, passenger baggage, various kinds of waste, and so on.\n- Imposes a condition of designation that owners, lessees and operators must notify the Department of Agriculture (referred to here as the Agriculture Department) in writing about certain changes to the business entity operating the port or any biosecurity entry point, and must give reasonable prior notice of proposed operational changes that may affect biosecurity arrangements (section 9).\n\n**Who this affects (actors and obligations)**\n\n- Port owner(s) and lessee(s): must give written notice to the Agriculture Department if there is, or will be, a change to the business entity operating the port or a biosecurity entry point (s9(2)–(3)). They (and other persons/bodies responsible for operations) must also give reasonable written notice of proposed changes to procedures or facilities that affect biosecurity risk management (s9(4)–(5)).\n- Operators and persons in charge of vessels (ship masters, agents, shipping companies): where the Biosecurity Act requires a vessel to be brought to a designated biosecurity entry point, this determination specifies the physical places at Port of Brisbane where that must happen (see s7 and the note about s246 of the Act). For goods that are covered by the table in section 8, those goods must be brought to the designated biosecurity entry point when unloaded (note re s147 of the Act).\n- Freight, logistics and terminal operators: will be affected because the instrument determines which berths and terminals are lawful places for unloading and initial biosecurity processing for particular goods or containers.\n- Biosecurity officials and human biosecurity officers: the instrument creates the expectation that particular facilities and procedures will be in place at the designated entry points so officials can exercise powers under the Act (and operators must notify the Department about material changes to those facilities/procedures) (s9(5)(b)–(d)).\n\n**Why it matters (purpose claims and immediate effects)**\n\n- The instrument’s stated practical effect is to channel incoming vessels and specified classes of goods to particular parts of Port of Brisbane so that biosecurity officials can apply checks, inspections and other controls in known, suitable locations (see sections 5–8 and the explanatory notes referencing ss147 and 246 of the Act).\n- The immediate operational result is reduced uncertainty about where inspections and control actions will be taken at the port: shipping lines and terminal operators know which berths/areas are the points at which biosecurity processing and powers are to be exercised.\n\n**Costs, incentives, trade‑offs and implementation issues (testing the purpose claim)**\n\n- Compliance costs and who pays: private parties (port owners/lessees, terminal operators, shipping companies) bear costs of directing vessels/goods to the specified berths, and of any facilities, staffing or procedural changes required to meet biosecurity processing needs (see s7–8 and s9(5)). The Agriculture Department bears administrative costs of receiving notices and monitoring compliance.\n- Operational trade‑offs: concentrating biosecurity activity at particular berths can make inspections more efficient (fewer staff spread over fewer locations) but can also create bottlenecks (queuing, berth allocation issues) that impose delay costs on shipping and cargo owners. Those delay costs are borne by the commercial operators and, indirectly, their customers.\n- Incentives: operators have an incentive to keep the Agriculture Department informed of proposed changes that could affect biosecurity arrangements (s9(4)–(5)), because failure to notify could risk regulatory non‑compliance or inspection refusals. At the same time, the requirement to notify can impose friction costs for routine operational changes.\n- Discretion and enforcement: the determination fixes locations but relies on the Biosecurity Act for enforcement (see cross‑references to ss147 and 246). The Agriculture Department retains discretion and operational control through the notification regime — it can be informed of, and respond to, proposed changes to facilities and procedures (s9). The determination does not itself set inspection powers or penalties — those are in the Act.\n- Gaps and unintended consequences: Note 2 to section 8 explicitly says the determination does not designate entry points for “other goods” for which Port of Brisbane is a first point of entry; for those other goods the specific s147 requirement to bring goods to designated biosecurity entry points does not apply. That creates a legally deliberate distinction between listed categories of goods (which must be brought to specified entry points) and other categories (which may be treated differently), and may require operators to track which goods fall inside the tables and which do not.\n- Implementation risk: the instrument depends on co‑ordination between port owners, terminal operators, shipping lines and biosecurity officers. If facilities or procedures at a designated entry point are inadequate, the notification requirement (s9(4)–(5)) is the mechanism that should surface that risk, but effective mitigation requires timely regulatory response and operational resourcing.\n\n**How private enterprise and markets are affected**\n\n- Terminal and berth usage: the lists in sections 7 and 8 allocate which areas are the locus for initial biosecurity control. That can affect which terminals are commercially attractive for particular cargo types (for example, freight containers are linked to specific Fisherman Islands berths and Pacific Marine Base—see s8 item 2).\n- Contract and operational freedom: operators retain freedom to run their businesses but must route certain vessels/goods to the designated areas and comply with notification obligations when they materially change operations (s7–9). Those constraints are operational rather than ownership restrictions.\n\n**Key provisions to look at in the instrument**\n\n- Definitions (section 4): sets the meanings for “freight container”, “general goods”, “inorganic bulk goods”, “vessel”, “waste”, etc.; these definitions determine the scope of the tables in ss7–8.\n- First point of entry declarations (ss5–6): establishes Port of Brisbane as a first point of entry for vessels and goods generally.\n- Biosecurity entry points tables (ss7–8): lists the designated areas for particular vessels and goods.\n- Conditions (s9): notification and prior notice obligations for owners, lessees and operators about changes affecting biosecurity arrangements.\n\n**Practical takeaways**\n\n- If you operate vessels or handle goods at Port of Brisbane, consult the tables in sections 7 and 8 to confirm which berth or terminal is the designated biosecurity entry point for your vessel or goods category.\n- Owners, lessees and operational managers should have internal processes to: (a) identify when a change to the business entity or to operational procedures/facilities will occur; and (b) provide timely written notice to the Agriculture Department as required by section 9.\n- Be aware that not all goods are captured by the tables; the legal duty to bring goods to a designated entry point (under s147 of the Act) applies only to the goods listed in section 8 and not to unspecified “other goods” (see Note 2 to s8).\n\n(References: instrument sections 3–9; cross‑references to Biosecurity Act 2015 sections 147 and 246 are noted in the instrument.)"},"kimi_summary":{"_metrics":{"completionTokens":582},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: designating the Port of Brisbane as a first point of entry and specifying biosecurity entry points for vessels and goods. The scope has not expanded beyond port-specific operational designations and notification requirements."},"complexity_factors":["Extensive tabular data mapping vessel types and goods to specific physical locations (berths, wharves, terminals)","Multiple defined terms that incorporate definitions from other legislation (Biosecurity Act 2015, Biosecurity Regulation 2016)","Conditional logic in tables using 'other than' and 'all of the following' constructions","Cross-references to sections 147, 173, 174, 229 and 246 of the Biosecurity Act 2015","Notification conditions with layered obligations (owners, lessees, and operational bodies each have distinct duties)","Alphabetically sub-ordered list items (aa, a, b, wa, za, zb etc.) creating parsing challenges"],"plain_english_summary":"This instrument designates the Port of Brisbane as a “first point of entry” and fixes where different classes of international vessels and classes of goods must berth and be unloaded. It also requires port operators to notify the Agriculture Department of operational or facility changes that could affect biosecurity.\n\nIt affects ship masters, port owners/operators and importers/freight handlers, and is aimed at enabling targeted inspections and preventing pests and diseases entering Australia."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-brisbane-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-brisbane-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-brisbane-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-brisbane-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-brisbane-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-brisbane-determination-2019/documents"}}