{"id":"F2019L00760","name":"Biosecurity (First Point of Entry—Port of Devonport) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-devonport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440088,"registerId":"F2019L00760-fast-fetch-1775955858645","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 Devonport) 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 Devonport) 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 Devonport) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 Devonport is a first point of entry for vessels other than non‑commercial vessels.\n\n6  First point of entry—goods\n\n  Port of Devonport 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) inorganic bulk goods;\n\n (c) waste.\n\nNote 1: Port of Devonport 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 Devonport 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 No. 4 Berth West\n- 2 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) No. 1 Berth West;(b) No. 3 Berth West; (c) No. 5 Berth West\n\n\nNote: A vessel that has arrived at Port of Devonport 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 Devonport 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) inorganic bulk goods;(b) waste The following areas:(a) No. 1 Berth West;(b) No. 3 Berth West; (c) No. 4 Berth West;(d) No. 5 Berth West\n\n\nNote 1: If a vessel has arrived at Port of Devonport 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 Devonport 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 Devonport 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 Devonport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Devonport; or\n\n (b) a biosecurity entry point at Port of Devonport;\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 Devonport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Devonport; or\n\n (b) a biosecurity entry point at Port of Devonport;\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 Devonport 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 Devonport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Devonport;\n\n (b) a change to the facilities or amenities available at Port of Devonport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Devonport;\n\n (c) a change to the procedures at Port of Devonport that may affect the ability of a person who carries out operations at Port of Devonport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Devonport 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 Devonport;\n\n (e) a change to the procedures at Port of Devonport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Devonport.\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 administrative determination that does exactly what its title suggests: designates Port of Devonport as a first point of entry with specific conditions. It has not expanded beyond its original purpose of setting entry rules for this specific Tasmanian port."},"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)","Simple conditional logic (tables in sections 7-8 specify which vessels/goods use which berths)","Straightforward notification conditions in Part 4 with clear trigger events","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015 and Biosecurity Regulation 2016","Single-purpose instrument focused on one port only"],"plain_english_summary":"This law designates the Port of Devonport as an approved “first point of entry” for certain international arrivals, limiting that role to commercial vessels, cargo-vessel baggage, inorganic bulk goods, and vessel waste, and requiring arrivals use specified berths so biosecurity inspections can occur. It also obliges port owners, lessees and operators to notify the Agriculture Department of changes affecting biosecurity. It affects port operators, shipping companies, biosecurity officers and protects Australia from pest and disease risks."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination confines first point of entry status and biosecurity entry points to Port of Devonport and specified berths and attaches notification conditions for owners/lessees/operators (sections 5–9). It operates under the Biosecurity Act (s229(1)) and does not broaden the classes of goods or vessels beyond those listed in this instrument."},"complexity_factors":["Cross‑references to the Biosecurity Act for authority and effect (made under s229(1) of the Act; uses definitions in s9 and s19; notes refer to ss147, 173, 174 and 246 of the Act).","Multiple class‑based rules and exclusions (separate rules for vessels, baggage, inorganic bulk goods and waste; exclusions for non‑commercial and passenger vessels) (see sections 5–6, 7–8).","Precise spatial mapping: specific berths are designated as biosecurity entry points for particular vessel/goods classes (tables in sections 7–8), which creates operational routing obligations.","Obligations on distinct actors with differing standards: owners, lessees and persons responsible must notify the Agriculture Department 'as soon as practicable' or give 'reasonable notice' of proposed changes (section 9(2)–(4)).","Dependence on external definitions and determinations (terms like 'non‑commercial vessel' and 'goods' rely on the Act and Biosecurity Regulation) (section 4).","Conditional coverage: the instrument designates some goods but explicitly does not designate others, creating asymmetrical compliance duties and potential uncertainty for goods not listed (notes to section 6 and section 8)."],"plain_english_summary":"This instrument makes Port of Devonport a designated first point of entry under the Biosecurity Act for arriving commercial vessels and for specific goods: certain baggage, inorganic bulk goods and waste. It also names which berths at the port are the authorised biosecurity entry points where those vessels or goods must be taken. Port owners, lessees and operators must notify the Agriculture Department in writing of business, procedural or facility changes that affect biosecurity, and give reasonable notice of proposed operational changes."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-devonport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-devonport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-devonport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-devonport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-devonport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-devonport-determination-2019/documents"}}