{"id":"F2019L01556","name":"Biosecurity (First Point of Entry—Port of Coffs Harbour) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-coffs-harbour-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440320,"registerId":"F2019L01556-fast-fetch-1775955996718","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 Coffs Harbour) 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 Coffs Harbour) Determination 2019\n\nI, Leanne Herrick, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 29 November 2019\n\nLeanne Herrick\n\nActing Assistant 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 Coffs Harbour) 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16 December 2019. 16 December 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n  In this instrument:\n\nAct means the Biosecurity Act 2015.\n\ngoods means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; or\n\n (b) in relation to which an exposed goods order is in force.\n\nnon‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\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 Coffs Harbour is a first point of entry for non‑commercial vessels.\n\nNote: Port of Coffs Harbour is not a first point of entry for any other vessels.\n\n6  First point of entry—goods\n\n  Port of Coffs Harbour is a first point of entry for the following:\n\n (a) non‑commercial vessel baggage;\n\n (b) non‑commercial vessel waste.\n\nNote 1: Port of Coffs Harbour 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 Coffs Harbour 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 Coffs Harbour Marina\n\n\nNote: A vessel that has arrived at Port of Coffs Harbour 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 Coffs Harbour 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) non‑commercial vessel baggage;(b) non‑commercial vessel waste Coffs Harbour Marina\n\n\nNote: If a vessel has arrived at Port of Coffs Harbour and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Coffs Harbour 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 Coffs Harbour becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Coffs Harbour; or\n\n (b) a biosecurity entry point at Port of Coffs Harbour;\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 Coffs Harbour becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Coffs Harbour; or\n\n (b) a biosecurity entry point at Port of Coffs Harbour;\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 Coffs Harbour 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 Coffs Harbour providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Coffs Harbour;\n\n (b) a change to the facilities or amenities available at Port of Coffs Harbour for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Coffs Harbour;\n\n (c) a change to the procedures at Port of Coffs Harbour that may affect the ability of a person who carries out operations at Port of Coffs Harbour to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Coffs Harbour 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 Coffs Harbour;\n\n (e) a change to the procedures at Port of Coffs Harbour for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Coffs Harbour.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was always intended to designate Port of Coffs Harbour specifically for non-commercial vessels and their associated baggage/waste, and it does exactly that without expansion into broader operational matters."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 6 definitions in section 4, mostly referencing definitions from the parent Act","Simple conditional logic: only one substantive condition (notification requirements in section 9)","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015 and Biosecurity Regulation 2016","Straightforward tabular format for entry points (sections 7-8)","Limited scope: applies only to one specific port and one class of vessels"],"plain_english_summary":"This law designates the Port of Coffs Harbour as an official first point of entry for non‑commercial vessels, and Coffs Harbour Marina as the designated biosecurity entry point for those vessels’ baggage and waste. It creates a controlled route for private boats to arrive in Australia while managing biosecurity risks.\n\nIt affects private vessel owners/operators, the port’s owners/lessees and biosecurity operators, and the Agriculture Department. Port operators must notify the Department of operator changes and give advance notice of changes to biosecurity procedures, facilities, and risk reporting."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument narrowly designates a specific port and marina as a first point of entry for non‑commercial vessels, baggage and waste and imposes notification conditions on owners/lessees/operators. It does not alter the substantive scope of the Biosecurity Act or expand categories of regulated goods or vessels beyond those specified here."},"complexity_factors":["Cross-references to the Biosecurity Act 2015 for key definitions (instrument defines terms but relies on Act for 'vessel', 'goods' and biosecurity control) (see Definitions and Authority).","Legal designations are narrow and location-specific (Port of Coffs Harbour; Coffs Harbour Marina) but have statutory effect for covered vessels/goods (ss5–8).","Notification and procedural obligations fall on multiple private actors (owner, lessee, person/body operating) and require written notice or 'reasonable' notice, creating compliance and evidentiary burdens (s9(2)–(5)).","Use of standards with discretion—phrases such as 'as soon as practicable' and 'reasonable notice' create interpretive uncertainty for timing and sufficiency of compliance (notes to s7 and s9(4)).","Interaction with other Act provisions (prohibited/conditionally non‑prohibited goods; arrival/bringing-to-entry-point requirements) requires cross-referencing and operational alignment with sections 147, 173, 174, 246 of the Act (see Notes)."],"plain_english_summary":"Designates Port of Coffs Harbour as a Biosecurity Act first point of entry for non‑commercial vessels and for non‑commercial vessel baggage and waste, and specifies Coffs Harbour Marina as the biosecurity entry point. Owners, lessees and operators must notify the Agriculture Department of changes to the business operator, procedures or facilities and give reasonable notice for proposed changes; vessels and goods must be brought to the entry point “as soon as practicable.” This creates a targeted administrative compliance duty for port parties and fixes where inspections and controls occur."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-coffs-harbour-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-coffs-harbour-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-coffs-harbour-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-coffs-harbour-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-coffs-harbour-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-coffs-harbour-determination-2019/documents"}}