{"id":"F2019L00755","name":"Biosecurity (First Point of Entry—Port of Bunbury) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-bunbury-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440084,"registerId":"F2019L00755-fast-fetch-1775955856506","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Port of Bunbury) Determination 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nBiosecurity (First Point of Entry—Port of Bunbury) Determination 2019\n\nI, Dean Merrilees, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 7 June 2019\n\nDean Merrilees\n\nAssistant Secretary  Compliance Division  Department of Agriculture\n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2—First point of entry\n\n5  First point of entry—vessels\n\n6  First point of entry—goods\n\nPart 3—Biosecurity entry points\n\n7  Biosecurity entry points—vessels\n\n8  Biosecurity entry points—goods\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Port of Bunbury) Determination 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n  In this instrument:\n\nAct means the Biosecurity Act 2015.\n\ngeneral goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\n\ngoods means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; or\n\n (b) in relation to which an exposed goods order is in force.\n\ninorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n\n (b) do not contain animals, plants, organic compounds or microbes.\n\nnon‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\nvessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\nwaste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\nPart 2—First point of entry\n\n \n\n5  First point of entry—vessels\n\n  Port of Bunbury is a first point of entry for vessels other than non‑commercial vessels.\n\n6  First point of entry—goods\n\n  Port of Bunbury is a first point of entry for the following:\n\n (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;\n\n (b) general goods;\n\n (c) inorganic bulk goods;\n\n (d) waste.\n\nNote 1: Port of Bunbury is not a first point of entry for any other goods.\n\nNote 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.\n\nPart 3—Biosecurity entry points\n\n \n\n7  Biosecurity entry points—vessels\n\n  Each area of Port of Bunbury specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.\n\n \n\n- Biosecurity entry points—vessels\n- Item Column 1Vessels Column 2Areas\n- 1 Vessels other than non‑commercial vessels The following areas:(a) Outer Harbour Berth 1;(b) Outer Harbour Berth 2\n- 2 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) Inner Harbour Berth 3;(b) Inner Harbour Berth 4;(c) Inner Harbour Berth 5;(d) Inner Harbour Berth 6;(e) Inner Harbour Berth 8\n\n\nNote: A vessel that has arrived at Port of Bunbury must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).\n\n8  Biosecurity entry points—goods\n\n  Each area of Port of Bunbury specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.\n\n \n\n- Biosecurity entry points—goods\n- Item Column 1Goods Column 2Areas\n- 1 General goods The following areas:(a) Inner Harbour Berth 5;(b) Inner Harbour Berth 8\n- 2 Inorganic bulk goods The following areas:(a) Inner Harbour Berth 4;(b) Inner Harbour Berth 5;(c) Inner Harbour Berth 6;(d) Inner Harbour Berth 8\n- 3 Waste The following areas:(a) Inner Harbour Berth 3;(b) Inner Harbour Berth 4;(c) Inner Harbour Berth 5;(d) Inner Harbour Berth 6;(e) Inner Harbour Berth 8;(f) Outer Harbour Berth 1;(g) Outer Harbour Berth 2\n\n\nNote 1: If a vessel has arrived at Port of Bunbury 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\nNote 2: This determination does not designate biosecurity entry points for other goods for which Port of Bunbury 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\nPart 4—Conditions\n\n \n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Bunbury as a first point of entry by this instrument is subject to the conditions in this section.\n\n (2) If the owner (or, if there is more than one owner, an owner) of Port of Bunbury becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Bunbury; or\n\n (b) a biosecurity entry point at Port of Bunbury;\n\nthe owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n\n (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Bunbury becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Bunbury; or\n\n (b) a biosecurity entry point at Port of Bunbury;\n\nthe lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n\n (4) If a person or body that is responsible for carrying out operations at Port of Bunbury proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.\n\n (5) For the purposes of subsection (4), the changes are as follows:\n\n (a) a change to the procedures at Port of Bunbury providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Bunbury;\n\n (b) a change to the facilities or amenities available at Port of Bunbury for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Bunbury;\n\n (c) a change to the procedures at Port of Bunbury that may affect the ability of a person who carries out operations at Port of Bunbury to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Bunbury 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 Bunbury;\n\n (e) a change to the procedures at Port of Bunbury for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Bunbury.\n\n \n","sortOrder":0}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard, narrow port-specific determination made under the Biosecurity Act 2015. It performs exactly the function intended by its enabling provision (subsection 229(1)) — designating a specific port as a first point of entry with conditions. There is no evidence of scope creep; it remains tightly focused on Port of Bunbury's operational requirements."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 5 definitions in section 4, plus references to Act definitions)","Straightforward tabular format for designating specific berths for different vessel/goods types","Simple conditional logic limited to notification requirements in section 9","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015 and Biosecurity Regulation 2016","Single operational location (Port of Bunbury) with limited scope"],"plain_english_summary":"Designates Port of Bunbury as a first point of entry for international vessels and certain cargo, requiring port owners/operators to meet infrastructure, docking and notification duties to protect Australia’s biosecurity. It affects ship operators, port owners/lessees/operators, importers and biosecurity officials; compliance is needed to manage pest and disease risk and avoid penalties under the Biosecurity Act 2015."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument, as made, establishes Port of Bunbury as a first point of entry for specified vessel and goods classes, designates berth‑level biosecurity entry points and imposes notice conditions on owners/lessees/operators. The instrument itself records its original commencement and contains no amendments or indications that its scope has been altered from the original determination."},"complexity_factors":["Multiple classifications and exclusions: different rules for vessels (commercial vs non‑commercial vs passenger) and for goods (baggage, general goods, inorganic bulk goods, waste) increase operational detail (see ss 5–6, 7–8).","Specific berth-to-class mappings: each class of vessel/goods is tied to particular berths, requiring precise operational routing at the port (see ss 7–8 tables).","Cross‑references to the Biosecurity Act and Regulations: the instrument depends on defined terms and operational rules in the Act and Biosecurity Regulation 2016, necessitating read‑through to primary legislation (see s 3 and definition notes; Act ss 9, 147, 173–174, 229, 246 are cited).","Compliance and timing standards with some vagueness: obligations use standards like 'as soon as practicable' and 'reasonable notice', which require context or administrative guidance to implement consistently (see ss 7 note, 8 note 1, 9(2)–(4)).","Notice obligations create administrative burdens: owners/lessees/operators must give written notice of changes and proposed changes affecting biosecurity procedures, facilities or identification/reporting of risks (see s 9(2)–(5)).","Delegated instrument and conditional designation: made by a delegate under the Act and subject to conditions imposed by s 9, so operational discretion rests with the Agriculture Department as regulator (see s 3 and s 9).","Limited scope and exclusions: instrument explicitly limits which goods are covered and notes that other determinations or Act provisions govern excluded items, requiring coordination (see s 6 notes)."],"plain_english_summary":"This instrument designates the Port of Bunbury as a biosecurity first point of entry for most commercial vessels and for specified goods (baggage, general goods, inorganic bulk goods and waste), and assigns particular berths as the required biosecurity entry points. Masters must bring arriving vessels and offloaded goods to the designated berths as soon as practicable. Port owners, lessees and operators must notify the Agriculture Department of changes to operators, facilities or procedures and give advance notice of proposed operational changes."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-bunbury-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-bunbury-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-bunbury-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-bunbury-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-bunbury-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-bunbury-determination-2019/documents"}}