{"id":"F2019L01547","name":"Biosecurity (First Point of Entry—Port of Eden) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-eden-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440315,"registerId":"F2019L01547-fast-fetch-1775955994526","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 Eden) 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 Eden) 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 Eden) 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16 December 2019. 16 December 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nvessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\nPart 2—First point of entry\n\n5  First point of entry—vessels\n\n  Port of Eden is a first point of entry for vessels other than non‑commercial vessels.\n\n6  First point of entry—goods\n\n  Port of Eden is a first point of entry for baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel.\n\nNote 1: Port of Eden 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 Eden 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 Eden Wharf\n- 2 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) Allied Natural Wood Exports Woodchip Berth;(b) Multi-Purpose (Navy) Wharf\n\n\nNote: A vessel that has arrived at Port of Eden 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 Eden 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 Baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel The following areas:(a) Allied Natural Wood Exports Woodchip Berth; (b) Eden Wharf;(c) Multi-Purpose (Navy) Wharf\n\n\nNote: If a vessel has arrived at Port of Eden 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 Eden 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 Eden becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Eden; or\n\n (b) a biosecurity entry point at Port of Eden;\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 Eden becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Eden; or\n\n (b) a biosecurity entry point at Port of Eden;\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 Eden 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 Eden providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Eden;\n\n (b) a change to the facilities or amenities available at Port of Eden for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Eden;\n\n (c) a change to the procedures at Port of Eden that may affect the ability of a person who carries out operations at Port of Eden to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Eden 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 Eden;\n\n (e) a change to the procedures at Port of Eden for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Eden.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument establishes Port of Eden's status and sets conditions; it does not indicate a change to the scope of pre‑existing legislative powers or an amendment to earlier determinations. No text purports to broaden or narrow other first point of entry designations beyond naming this port and specific entry areas."},"complexity_factors":["Cross‑references to the Biosecurity Act definitions and provisions (defined terms; authority under subsection 229(1); references to ss.147, 173, 174, 246).","Classification distinctions for vessels and goods (commercial vs non‑commercial; passenger vessels) that determine applicability.","Geographic specificity: particular wharves named as biosecurity entry points (Eden Wharf; Allied Natural Wood Exports Woodchip Berth; Multi‑Purpose (Navy) Wharf).","Notification and procedural obligations on owners, lessees and operators (s.9) create ongoing compliance and information costs.","Operational interaction: obligations require co‑ordination between port operators and biosecurity officials, with practical implications for access and arrangements.","Limited discretion in designation but dependency on other Act provisions for enforcement and prohibited/conditional goods treatment."],"plain_english_summary":"Designates Port of Eden as a first point of entry for most commercial vessels and for baggage carried on those vessels, and names specific wharves at the port as biosecurity entry points. It requires the port owner, lessee and operators to notify the Department of Agriculture of changes to operators, facilities or procedures that could affect biosecurity (s.9). The instrument places information‑provision and compliance costs on owners/lessees/operators and enables biosecurity officials to direct handling under the Biosecurity Act."},"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":2,"scope_assessment":{"changed":false,"description":"This instrument maintains a narrow, specific scope consistent with its original purpose under section 229(1) of the Biosecurity Act 2015. It designates a single port (Eden) as a first point of entry for limited categories of vessels and goods, and imposes standard notification conditions. There is no evidence of scope creep; the instrument does exactly what its title suggests and no more."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4 (Act, goods, non-commercial vessel, vessel), with most terms referencing the parent Act or Regulation","Simple conditional logic: basic exclusions (non-commercial vessels, passenger vessels) rather than nested exceptions","Straightforward tabular format for designating entry points (2 tables total)","Single operational condition (notification requirements in section 9) with clear trigger events","No cross-references to other legislative instruments beyond the parent Act and one Regulation"],"plain_english_summary":"This instrument designates the Port of Eden as a first point of entry for certain commercial vessels and permits only baggage (not general cargo) from those vessels, while requiring use of specified wharves. It also obliges the port owner/lessee/operator to notify the Agriculture Department of changes to operators, procedures, facilities, or biosecurity risk management.\n\nIt affects ship operators, port operators, crew/passengers and biosecurity officials and supports Australia’s biosecurity controls; noncompliance may attract Biosecurity Act penalties."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-eden-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-eden-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-eden-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-eden-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-eden-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-eden-determination-2019/documents"}}