{"id":"F2019L00767","name":"Biosecurity (First Point of Entry—Port of Broome) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-broome-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99386,"registerId":"commonwealth-F2019L00767-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 Broome) 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> 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> 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 Broome is a first point of entry for vessels other than non‑commercial vessels.\n\n#### 6 First point of entry—goods\n\n Port of Broome is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;\n (b) inorganic bulk goods;\n (c) waste.\n\n> Note 1: Port of Broome is not a first point of entry for any other goods.\n\n> Note 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\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Broome 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

Vessels other than non‑commercial vessels

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note: A vessel that has arrived at Port of Broome 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 Broome 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) inorganic bulk goods;

(b) waste;

(c) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note 1: If a vessel has arrived at Port of Broome 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 Broome 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 Broome 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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome 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 Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;\n (b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;\n (c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Broome 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 Broome;\n (e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Broome) 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> 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> 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 Broome) 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> 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> 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 Broome is a first point of entry for vessels other than non‑commercial vessels.\n\n#### 6 First point of entry—goods\n\n Port of Broome is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;\n (b) inorganic bulk goods;\n (c) waste.\n\n> Note 1: Port of Broome is not a first point of entry for any other goods.\n\n> Note 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\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Broome 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

Vessels other than non‑commercial vessels

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note: A vessel that has arrived at Port of Broome 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 Broome 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) inorganic bulk goods;

(b) waste;

(c) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note 1: If a vessel has arrived at Port of Broome 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 Broome 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 Broome 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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome 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 Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;\n (b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;\n (c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Broome 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 Broome;\n (e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"First point of entry—vessels","content":"#### 5 First point of entry—vessels\n\n Port of Broome is a first point of entry for vessels other than non‑commercial vessels.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"First point of entry—goods","content":"#### 6 First point of entry—goods\n\n Port of Broome is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;\n (b) inorganic bulk goods;\n (c) waste.\n\n> Note 1: Port of Broome is not a first point of entry for any other goods.\n\n> Note 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.","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 Broome) 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> 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> 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 Broome is a first point of entry for vessels other than non‑commercial vessels.\n\n#### 6 First point of entry—goods\n\n Port of Broome is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;\n (b) inorganic bulk goods;\n (c) waste.\n\n> Note 1: Port of Broome is not a first point of entry for any other goods.\n\n> Note 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\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Broome 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

Vessels other than non‑commercial vessels

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note: A vessel that has arrived at Port of Broome 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 Broome 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) inorganic bulk goods;

(b) waste;

(c) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note 1: If a vessel has arrived at Port of Broome 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 Broome 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 Broome 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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome 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 Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;\n (b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;\n (c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Broome 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 Broome;\n (e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Biosecurity entry points—vessels","content":"#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Broome 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

Vessels other than non‑commercial vessels

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note: A vessel that has arrived at Port of Broome 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 Broome 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) inorganic bulk goods;

(b) waste;

(c) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note 1: If a vessel has arrived at Port of Broome 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 Broome 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 Broome) 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> 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> 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 Broome is a first point of entry for vessels other than non‑commercial vessels.\n\n#### 6 First point of entry—goods\n\n Port of Broome is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;\n (b) inorganic bulk goods;\n (c) waste.\n\n> Note 1: Port of Broome is not a first point of entry for any other goods.\n\n> Note 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\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Broome 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

Vessels other than non‑commercial vessels

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note: A vessel that has arrived at Port of Broome 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 Broome 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) inorganic bulk goods;

(b) waste;

(c) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel

The following areas:

(a) Broome Wharf;

(b) Terminal 2

\n```\n\n> Note 1: If a vessel has arrived at Port of Broome 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 Broome 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 Broome 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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome 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 Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;\n (b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;\n (c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Broome 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 Broome;\n (e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.","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 Broome 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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Broome; or\n (b) a biosecurity entry point at Port of Broome;\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 Broome 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 Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;\n (b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;\n (c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Broome 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 Broome;\n (e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument confines and records the Port of Broome's role as a first point of entry for specified vessel classes and limited goods and designates two physical entry points (ss5–8). It does not expand the statutory classes of goods subject to biosecurity control under the Act; it instead clarifies where inspection, unloading and notification obligations apply and adds reporting conditions on owners/lessees/operators (s9)."},"complexity_factors":["Relies on multiple cross-references to the Biosecurity Act and Regulations (instrument made under s229; definitions refer to s9 and s19; unloading and movement obligations cross-refer to ss147, 173–174 and 246) — requires consulting primary Act provisions to understand full effect.","Key terms are defined partly in the Act (eg. 'vessel', 'goods') and partly in the instrument (eg. 'inorganic bulk goods') so readers must reconcile definitions across texts (see Definitions).","Discretionary and open-ended timings: obligations use 'as soon as practicable' (note re s246) and require 'reasonable notice' for proposed changes (s9(4)) — these phrases leave implementation detail to officials and create compliance uncertainty.","Narrow, enumerative scope: instrument designates only particular goods and two port areas (Broome Wharf; Terminal 2) as biosecurity entry points (ss5–8). That narrows where statutory powers and unloading requirements apply, but requires users to check whether other goods are covered under ss173–174.","Compliance burden concentrated on private parties: owners, lessees and operators must give written notices to the Agriculture Department of changes to operators, procedures or facilities (s9(2)–(4)) — administrative and coordination costs fall to those parties.","Interaction with exposed goods orders and biosecurity control: the instrument’s application to 'goods' depends on existing biosecurity control status under the Act (Definitions), so substantive impacts depend on other regulatory instruments.","Document contains repeated and duplicated provisions — increases reading effort though not necessarily legal complexity."],"plain_english_summary":"This determination makes Port of Broome a first point of entry under the Biosecurity Act 2015 for vessels (excluding non‑commercial vessels) and for baggage from certain vessels, inorganic bulk goods and waste, and designates Broome Wharf and Terminal 2 as the biosecurity entry points. It requires port owners, lessees and operators to notify the Agriculture Department of changes to operators, facilities or biosecurity procedures (s9), allocating compliance and reporting responsibilities to those parties."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard port-specific determination made under the Biosecurity Act 2015. It serves the original purpose of designating specific entry points and conditions for a particular port. The scope remains tightly focused on Broome's biosecurity entry requirements without expansion into broader policy areas."},"complexity_factors":["Short instrument with only 9 substantive sections","5 defined terms in section 4, with 2 terms referencing external legislation (Biosecurity Act 2015 and Biosecurity Regulation 2016)","Simple conditional logic: 'vessels other than non-commercial vessels' and goods exclusions","Two straightforward tables mapping vessel/goods types to specific physical locations (Broome Wharf and Terminal 2)","Notification conditions in section 9 use standard administrative language but include nested subsections (5 categories of changes under subsection 4)","No exceptions to exceptions or deeply nested cross-references","Extensive repetition in the provided text (appears to be duplicated sections) doesn't affect actual legislative complexity"],"plain_english_summary":"This instrument designates the Port of Broome as an approved \"first point of entry\" for certain international commercial vessels and limits allowed cargo to baggage from cargo ships, inorganic bulk goods, and waste, with required use of Broome Wharf or Terminal 2. \n\nIt also obliges the port owner/operator to notify Agriculture about changes affecting biosecurity. It affects ship operators, port managers, importers of bulk inorganics and the Agriculture Department by enabling controlled entry while managing biosecurity risks."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-broome-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-broome-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-broome-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-broome-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-broome-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-broome-determination-2019/documents"}}