{"id":"F2019L00758","name":"Biosecurity (First Point of Entry—Port of Bundaberg) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-bundaberg-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440083,"registerId":"F2019L00758-fast-fetch-1775955856503","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 Bundaberg) 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 Bundaberg) Determination 2019\n\nI, Dean Merrilees, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 7 June 2019\n\nDean Merrilees\n\nAssistant Secretary  Compliance Division  Department of Agriculture\n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2—First point of entry\n\n5  First point of entry—vessels\n\n6  First point of entry—goods\n\nPart 3—Biosecurity entry points\n\n7  Biosecurity entry points—vessels\n\n8  Biosecurity entry points—goods\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Port of Bundaberg) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nnon‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\nnon‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\nnon‑commercial vessel waste means waste carried on a non‑commercial vessel.\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\n5  First point of entry—vessels\n\n  Port of Bundaberg is a first point of entry for vessels generally.\n\n6  First point of entry—goods\n\n  Port of Bundaberg is a first point of entry for the following:\n\n (a) baggage carried on a vessel other than a passenger vessel;\n\n (b) general goods;\n\n (c) waste.\n\nNote 1: Port of Bundaberg is not a first point of entry for any other goods.\n\nNote 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.\n\nPart 3—Biosecurity entry points\n\n7  Biosecurity entry points—vessels\n\n  Each area of Port of Bundaberg 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 Non‑commercial vessels Bundaberg Port Marina\n- 2 Vessels other than non‑commercial vessels The following areas:(a) John T. Fisher Wharf;(b) Sir Thomas Hiley Wharf\n\n\nNote: A vessel that has arrived at Port of Bundaberg 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 Bundaberg 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 All of the following:(a) general goods;(b) waste The following areas:(a) John T. Fisher Wharf;(b) Sir Thomas Hiley Wharf\n- 2 All of the following:(a) non‑commercial vessel baggage;(b) non-commercial vessel waste Bundaberg Port Marina\n\n\nNote 1: If a vessel has arrived at Port of Bundaberg 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 Bundaberg 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\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Bundaberg 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 Bundaberg becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Bundaberg; or\n\n (b) a biosecurity entry point at Port of Bundaberg;\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 Bundaberg becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Bundaberg; or\n\n (b) a biosecurity entry point at Port of Bundaberg;\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 Bundaberg 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 Bundaberg providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Bundaberg;\n\n (b) a change to the facilities or amenities available at Port of Bundaberg for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Bundaberg;\n\n (c) a change to the procedures at Port of Bundaberg that may affect the ability of a person who carries out operations at Port of Bundaberg to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Bundaberg 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 Bundaberg;\n\n (e) a change to the procedures at Port of Bundaberg for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Bundaberg.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not amend the Biosecurity Act. It designates Port of Bundaberg as a first point of entry, specifies biosecurity entry points for certain vessel and goods classes, and imposes notification conditions on owners/lessees/operators (s5–s9). It does not expand the classes of goods subject to biosecurity control beyond those listed in the determination."},"complexity_factors":["Relies on definitions and powers in the Biosecurity Act 2015 rather than repeating them (definition reliance: s4; made under s229(1) — s3), which requires cross‑referencing the Act to interpret scope.","Multiple classes of vessels and goods mapped to distinct physical areas (s5–s8), so logistics and compliance differ by wharf/marina and cargo type.","Notification and procedural-change obligations on private parties (owners/lessees/operators) create an ongoing compliance burden and information flow to the Department (s9(2)–(4); s9(5) lists types of changes).","Timing standards use imprecise legal phrases requiring operational judgment — e.g. 'as soon as practicable' for bringing vessels/goods to entry points (notes referencing s246 and s147 of the Act), increasing implementation uncertainty for operators.","Operational impacts on private enterprise: port operators must adjust procedures, facilities or contracts to meet notification and biosecurity requirements (s9(4)–(5)); this affects who pays for changes and how quickly operations can adapt.","Limited ministerial or departmental discretion is visible in the instrument itself, but enforcement and further conditions rely on the Act's broader powers (instrument designates points; Act determines prohibitions and conditions — notes to ss5–6)."],"plain_english_summary":"Designates Port of Bundaberg as a first point of entry for vessels and for specified classes of goods, and assigns particular wharves and the marina as the biosecurity entry points for different vessel and goods types. Port owners, lessees and operators must notify the Department of Agriculture of changes to business operators, procedures or facilities that could affect biosecurity at the port (s9)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was always intended to be a specific port designation under the Biosecurity Act 2015, and it remains precisely that—a targeted administrative determination for the Port of Bundaberg only, without expansion into broader policy areas."},"complexity_factors":["Short instrument (9 sections total, approximately 3 pages)","Only 6 defined terms in section 4, plus references to existing definitions in the parent Act","Simple conditional logic limited to notification requirements in section 9","Clear tabular format for designated entry points (Parts 2 and 3)","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015 and Biosecurity Regulation 2016","Straightforward scope limited to a single port with specific wharf designations"],"plain_english_summary":"This rule formally designates the Port of Bundaberg (specific wharves and marina) as a \"first point of entry\" for certain ships and cargo, giving it official biosecurity clearance status. It affects ship operators, port owners/operators, and importers by controlling where vessels must dock, limiting what goods can be unloaded there, and imposing notification duties on port operators about changes that could affect pest or disease risks. The change ensures inspections and protects Australia’s agriculture and environment."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-bundaberg-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-bundaberg-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-bundaberg-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-bundaberg-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-bundaberg-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-bundaberg-determination-2019/documents"}}