{"id":"F2019L01560","name":"Biosecurity (First Point of Entry—Port of Darwin) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-darwin-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100415,"registerId":"commonwealth-F2019L01560-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 Darwin) 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 Darwin is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Darwin is a first point of entry for goods other than live horses.\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 Darwin 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

1A

Non‑commercial vessels

Cullen Bay Pontoon

1

Vessels other than non‑commercial vessels

The following areas:

(a) East Arm Wharf;

(b) Fort Hill Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing;

(h) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(i) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

\n```\n\n> Note: A vessel that has arrived at Port of Darwin 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 Darwin 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

1A

Non‑commercial vessel baggage

Cullen Bay Pontoon

1

Baggage other than non‑commercial vessel baggage or passenger vessel baggage

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) East Arm Wharf;

(f) Fort Hill Wharf;

(g) HMAS Coonawarra, Attack Wharf;

(h) HMAS Coonawarra, Fremantle Wharf;

(i) HMAS Coonawarra, Small Boats Landing;

(j) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(k) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

2

Freight containers

East Arm Wharf

3

General goods

The following areas:

(a) Common User Facility;

(b) Darwin Marine Supply Base;

(c) East Arm Wharf

4

Inorganic bulk goods

The following areas:

(a) Channel Island LPG Mooring;

(b) Common User Facility;

(c) Darwin Marine Supply Base;

(d) East Arm Wharf

5

Passenger vessel baggage

Fort Hill Wharf

5A

Non‑commercial vessel waste

Cullen Bay Pontoon

6

Waste other than non‑commercial vessel waste

The following areas:

(a) Darwin Marine Supply Base;

(b) Common User Facility;

(c) East Arm Wharf;

(d) Fort Hill Wharf;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing

\n```\n\n> Note: If a vessel has arrived at Port of Darwin 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Darwin 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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin 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 Darwin providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Darwin;\n (b) a change to the facilities or amenities available at Port of Darwin for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Darwin;\n (c) a change to the procedures at Port of Darwin that may affect the ability of a person who carries out operations at Port of Darwin to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Darwin 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 Darwin;\n (e) a change to the procedures at Port of Darwin for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Darwin.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Darwin) 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 Darwin) 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 Darwin is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Darwin is a first point of entry for goods other than live horses.\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 Darwin 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

1A

Non‑commercial vessels

Cullen Bay Pontoon

1

Vessels other than non‑commercial vessels

The following areas:

(a) East Arm Wharf;

(b) Fort Hill Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing;

(h) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(i) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

\n```\n\n> Note: A vessel that has arrived at Port of Darwin 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 Darwin 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

1A

Non‑commercial vessel baggage

Cullen Bay Pontoon

1

Baggage other than non‑commercial vessel baggage or passenger vessel baggage

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) East Arm Wharf;

(f) Fort Hill Wharf;

(g) HMAS Coonawarra, Attack Wharf;

(h) HMAS Coonawarra, Fremantle Wharf;

(i) HMAS Coonawarra, Small Boats Landing;

(j) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(k) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

2

Freight containers

East Arm Wharf

3

General goods

The following areas:

(a) Common User Facility;

(b) Darwin Marine Supply Base;

(c) East Arm Wharf

4

Inorganic bulk goods

The following areas:

(a) Channel Island LPG Mooring;

(b) Common User Facility;

(c) Darwin Marine Supply Base;

(d) East Arm Wharf

5

Passenger vessel baggage

Fort Hill Wharf

5A

Non‑commercial vessel waste

Cullen Bay Pontoon

6

Waste other than non‑commercial vessel waste

The following areas:

(a) Darwin Marine Supply Base;

(b) Common User Facility;

(c) East Arm Wharf;

(d) Fort Hill Wharf;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing

\n```\n\n> Note: If a vessel has arrived at Port of Darwin 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Darwin 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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin 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 Darwin providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Darwin;\n (b) a change to the facilities or amenities available at Port of Darwin for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Darwin;\n (c) a change to the procedures at Port of Darwin that may affect the ability of a person who carries out operations at Port of Darwin to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Darwin 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 Darwin;\n (e) a change to the procedures at Port of Darwin for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Darwin.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"First point of entry—vessels","content":"#### 5 First point of entry—vessels\n\n Port of Darwin 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 Darwin is a first point of entry for goods other than live horses.\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 Darwin) 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 Darwin is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Darwin is a first point of entry for goods other than live horses.\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 Darwin 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

1A

Non‑commercial vessels

Cullen Bay Pontoon

1

Vessels other than non‑commercial vessels

The following areas:

(a) East Arm Wharf;

(b) Fort Hill Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing;

(h) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(i) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

\n```\n\n> Note: A vessel that has arrived at Port of Darwin 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 Darwin 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

1A

Non‑commercial vessel baggage

Cullen Bay Pontoon

1

Baggage other than non‑commercial vessel baggage or passenger vessel baggage

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) East Arm Wharf;

(f) Fort Hill Wharf;

(g) HMAS Coonawarra, Attack Wharf;

(h) HMAS Coonawarra, Fremantle Wharf;

(i) HMAS Coonawarra, Small Boats Landing;

(j) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(k) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

2

Freight containers

East Arm Wharf

3

General goods

The following areas:

(a) Common User Facility;

(b) Darwin Marine Supply Base;

(c) East Arm Wharf

4

Inorganic bulk goods

The following areas:

(a) Channel Island LPG Mooring;

(b) Common User Facility;

(c) Darwin Marine Supply Base;

(d) East Arm Wharf

5

Passenger vessel baggage

Fort Hill Wharf

5A

Non‑commercial vessel waste

Cullen Bay Pontoon

6

Waste other than non‑commercial vessel waste

The following areas:

(a) Darwin Marine Supply Base;

(b) Common User Facility;

(c) East Arm Wharf;

(d) Fort Hill Wharf;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing

\n```\n\n> Note: If a vessel has arrived at Port of Darwin 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Darwin 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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin 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 Darwin providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Darwin;\n (b) a change to the facilities or amenities available at Port of Darwin for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Darwin;\n (c) a change to the procedures at Port of Darwin that may affect the ability of a person who carries out operations at Port of Darwin to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Darwin 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 Darwin;\n (e) a change to the procedures at Port of Darwin for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Darwin.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Biosecurity entry points—vessels","content":"#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Darwin 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

1A

Non‑commercial vessels

Cullen Bay Pontoon

1

Vessels other than non‑commercial vessels

The following areas:

(a) East Arm Wharf;

(b) Fort Hill Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing;

(h) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(i) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

\n```\n\n> Note: A vessel that has arrived at Port of Darwin 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 Darwin 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

1A

Non‑commercial vessel baggage

Cullen Bay Pontoon

1

Baggage other than non‑commercial vessel baggage or passenger vessel baggage

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) East Arm Wharf;

(f) Fort Hill Wharf;

(g) HMAS Coonawarra, Attack Wharf;

(h) HMAS Coonawarra, Fremantle Wharf;

(i) HMAS Coonawarra, Small Boats Landing;

(j) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(k) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

2

Freight containers

East Arm Wharf

3

General goods

The following areas:

(a) Common User Facility;

(b) Darwin Marine Supply Base;

(c) East Arm Wharf

4

Inorganic bulk goods

The following areas:

(a) Channel Island LPG Mooring;

(b) Common User Facility;

(c) Darwin Marine Supply Base;

(d) East Arm Wharf

5

Passenger vessel baggage

Fort Hill Wharf

5A

Non‑commercial vessel waste

Cullen Bay Pontoon

6

Waste other than non‑commercial vessel waste

The following areas:

(a) Darwin Marine Supply Base;

(b) Common User Facility;

(c) East Arm Wharf;

(d) Fort Hill Wharf;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing

\n```\n\n> Note: If a vessel has arrived at Port of Darwin 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).","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 Darwin) 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 Darwin is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Darwin is a first point of entry for goods other than live horses.\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 Darwin 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

1A

Non‑commercial vessels

Cullen Bay Pontoon

1

Vessels other than non‑commercial vessels

The following areas:

(a) East Arm Wharf;

(b) Fort Hill Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing;

(h) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(i) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

\n```\n\n> Note: A vessel that has arrived at Port of Darwin 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 Darwin 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

1A

Non‑commercial vessel baggage

Cullen Bay Pontoon

1

Baggage other than non‑commercial vessel baggage or passenger vessel baggage

The following areas:

(a) Darwin Marine Supply Base;

(b) Channel Island LPG Mooring;

(c) Common User Facility;

(d) Darwin LNG Wharf, Wickham Point;

(e) East Arm Wharf;

(f) Fort Hill Wharf;

(g) HMAS Coonawarra, Attack Wharf;

(h) HMAS Coonawarra, Fremantle Wharf;

(i) HMAS Coonawarra, Small Boats Landing;

(j) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export;

(k) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export

2

Freight containers

East Arm Wharf

3

General goods

The following areas:

(a) Common User Facility;

(b) Darwin Marine Supply Base;

(c) East Arm Wharf

4

Inorganic bulk goods

The following areas:

(a) Channel Island LPG Mooring;

(b) Common User Facility;

(c) Darwin Marine Supply Base;

(d) East Arm Wharf

5

Passenger vessel baggage

Fort Hill Wharf

5A

Non‑commercial vessel waste

Cullen Bay Pontoon

6

Waste other than non‑commercial vessel waste

The following areas:

(a) Darwin Marine Supply Base;

(b) Common User Facility;

(c) East Arm Wharf;

(d) Fort Hill Wharf;

(e) HMAS Coonawarra, Attack Wharf;

(f) HMAS Coonawarra, Fremantle Wharf;

(g) HMAS Coonawarra, Small Boats Landing

\n```\n\n> Note: If a vessel has arrived at Port of Darwin 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Darwin 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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin 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 Darwin providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Darwin;\n (b) a change to the facilities or amenities available at Port of Darwin for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Darwin;\n (c) a change to the procedures at Port of Darwin that may affect the ability of a person who carries out operations at Port of Darwin to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Darwin 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 Darwin;\n (e) a change to the procedures at Port of Darwin for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Darwin.","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 Darwin 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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Darwin; or\n (b) a biosecurity entry point at Port of Darwin;\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 Darwin 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 Darwin providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Darwin;\n (b) a change to the facilities or amenities available at Port of Darwin for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Darwin;\n (c) a change to the procedures at Port of Darwin that may affect the ability of a person who carries out operations at Port of Darwin to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Darwin 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 Darwin;\n (e) a change to the procedures at Port of Darwin for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Darwin.","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument exercises the delegation in s.229(1) of the Biosecurity Act to designate a first point of entry and to name biosecurity entry points and conditions for Port of Darwin (see s.3, s.5–8, s.9). It does not, on its face, expand or narrow the Act’s statutory categories of goods or powers; it specifies location‑level obligations and notification conditions without altering the Act’s substantive scope."},"complexity_factors":["Reliance on and cross‑references to the Biosecurity Act and Regulations for core definitions and procedures (see s.3: made under s.229(1) of the Act; definitions in s.4 referencing s.9 of the Act).","Detailed, location‑specific mapping of classes of vessels and goods to named berths and areas (Parts 2–3; s.5–8) creates operational rules for port operators and masters of vessels.","Multiple, specialised definitions of goods/classes (freight container, general goods, inorganic bulk goods, various baggage/waste classes) increase interpretive workload for users (s.4).","Notification and information duties on owners, lessees and persons/body responsible for operations impose ongoing compliance burdens (s.9(2)–(4)).","Timing standards are phrased as standards of reasonableness/expediency — “as soon as practicable” and “reasonable notice” — which create legal uncertainty and potential dispute about when obligations are met (notes re ss.147, 246 and s.9(4)).","Operational dependency: vessels/goods must be brought to designated entry points as soon as practicable (notes referencing s.246 and s.147), affecting logistics, scheduling and potentially commercial throughput.","Limited administrative discretion is implied because the Agriculture Department receives notifications and must be kept informed, but the instrument does not set formal approval processes or timelines (s.9(2)–(5); s.3)."],"plain_english_summary":"This instrument designates the Port of Darwin as a biosecurity first point of entry for vessels and most goods (excluding live horses), and maps specific berths and areas as the required biosecurity entry points for different classes of vessels and goods. It also requires owners, lessees and operators to give written notice to the Agriculture Department of changes to operators, procedures or facilities that could affect 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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: designating Port of Darwin as a first point of entry and specifying biosecurity entry points. The scope has not expanded beyond port-specific operational requirements."},"complexity_factors":["Multiple defined terms (11 definitions) that incorporate definitions from the parent Biosecurity Act 2015 and Biosecurity Regulation 2016","Two detailed lookup tables mapping vessel types and 8 categories of goods to specific physical locations (11 different wharves/facilities)","Overlapping categories in tables requiring careful parsing — e.g., 'vessels other than non-commercial vessels' vs 'vessels other than non-commercial vessels and passenger vessels'","Conditional notification requirements in Part 4 with multiple triggering parties (owner, lessee, operator) and different thresholds ('as soon as practicable' vs 'reasonable notice')","Cross-references to sections 9, 19, 147, 173, 174, 229, and 246 of the Biosecurity Act 2015"],"plain_english_summary":"The instrument designates the Port of Darwin as an official first point of entry for international vessels and goods (with live horses excepted) and specifies which berths and wharves handle different vessel and cargo types so biosecurity checks occur where facilities exist. \n\nIt requires port owners/operators to notify the Agriculture Department of changes affecting biosecurity management. Ship masters, port operators, importers and biosecurity officers must follow the designated routing to ensure inspections and protect Australia from pests and diseases."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-darwin-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-darwin-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-darwin-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-darwin-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-darwin-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-darwin-determination-2019/documents"}}