{"id":"F2019L01559","name":"Biosecurity (First Point of Entry—Port of Geelong) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-geelong-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440318,"registerId":"F2019L01559-fast-fetch-1775955996719","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 Geelong) 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 Geelong) 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 Geelong) 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16 December 2019. 16 December 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nfreight 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\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\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\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\n5  First point of entry—vessels\n\n  Port of Geelong is a first point of entry for vessels other than non‑commercial vessels.\n\n6  First point of entry—goods\n\n  Port of Geelong 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) freight containers;\n\n (c) general goods;\n\n (d) inorganic bulk goods;\n\n (e) waste.\n\nNote 1: Port of Geelong 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 Geelong 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 the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) Bulk Grain Pier;(b) Corio Quay North Berth 1;(c) Corio Quay North Berth 2;(d) Corio Quay North Berth 3;(e) Corio Quay North Berth 4; (f) Corio Quay South Berth 1;(g) Lascelles Wharf Berth 1;(h) Lascelles Wharf Berth 2;(i) Lascelles Wharf Berth 3;(j) Refinery Pier 1;(k) Refinery Pier 2;(l) Refinery Pier 3;(m) Refinery Pier 4\n- 2 Passenger Vessels Geelong Port Southern Anchorage\n\n\nNote: A vessel that has arrived at Port of Geelong 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 Geelong 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) baggage carried on a vessel other than a non-commercial vessel or a passenger vessel;(b) waste The following areas:(a) Bulk Grain Pier;(b) Corio Quay North Berth 1;(c) Corio Quay North Berth 2;(d) Corio Quay North Berth 3;(e) Corio Quay North Berth 4; (f) Corio Quay South Berth 1;(g) Lascelles Wharf Berth 1;(h) Lascelles Wharf Berth 2;(i) Lascelles Wharf Berth 3;(j) Refinery Pier 1;(k) Refinery Pier 2;(l) Refinery Pier 3;(m) Refinery Pier 4\n- 2 Freight containers The following areas:(a) Corio Quay North Berth 1;(b) Corio Quay North Berth 2;(c) Corio Quay South Berth 1;(d) Lascelles Wharf Berth 3\n- 3 Inorganic bulk goods The following areas:(a) Corio Quay North Berth 1;(b) Corio Quay North Berth 2;(c) Corio Quay North Berth 3;(d) Corio Quay South Berth 1;(e) Lascelles Wharf Berth 1;(f) Lascelles Wharf Berth 2;(g) Lascelles Wharf Berth 3;(h) Refinery Pier 1;(i) Refinery Pier 2;(j) Refinery Pier 3;(k) Refinery Pier 4\n- 4 General goods The following areas:(a) Corio Quay North Berth 1;(b) Corio Quay North Berth 2;(c) Corio Quay North Berth 3;(d) Corio Quay South Berth 1;(e) Lascelles Wharf Berth 1;(f) Lascelles Wharf Berth 2;(g) Lascelles Wharf Berth 3\n\n\nNote: If a vessel has arrived at Port of Geelong 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 Geelong 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 Geelong becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Geelong; or\n\n (b) a biosecurity entry point at Port of Geelong;\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 Geelong becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Geelong; or\n\n (b) a biosecurity entry point at Port of Geelong;\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 Geelong 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 Geelong providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Geelong;\n\n (b) a change to the facilities or amenities available at Port of Geelong for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Geelong;\n\n (c) a change to the procedures at Port of Geelong that may affect the ability of a person who carries out operations at Port of Geelong to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Geelong 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 Geelong;\n\n (e) a change to the procedures at Port of Geelong for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Geelong.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument sets out designated first point of entry status and lists biosecurity entry points and notification conditions. It contains no provisions or notes indicating any change to that original scope; commencement details show it took effect 16 December 2019 (Commencement)."},"complexity_factors":["Specific berth-level designations require operators to map arrivals to particular areas (ss 7–8).","Differentiation by vessel class and goods class adds operational parsing (ss 5–6, 7–8).","Notification obligations create ongoing administrative duties for owners, lessees and operators (s 9(2)–(5)).","Interdependence with Biosecurity Act provisions (e.g. sections 9, 147, 173, 174, 229, 246) means implementers must cross-check Act requirements.","Definitions of goods and vessel classes determine scope and compliance triggers (s 4).","Limited discretion: instrument prescribes locations and notice requirements rather than broad standards, reducing regulatory ambiguity (Parts 2–4)."],"plain_english_summary":"This determination names the Port of Geelong as a formal first point of entry under the Biosecurity Act 2015 for most commercial vessels and for specified classes of goods, and it lists the exact berths and areas at the port where biosecurity processing must occur. It also requires port owners, lessees and operators to notify the Department of Agriculture in writing about changes to the business, facilities or procedures that could affect biosecurity controls, creating a clear compliance obligation for parties who run or use the port."},"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 instrument maintains a narrow, technical scope consistent with its original purpose under section 229(1) of the Biosecurity Act 2015. It designates a specific port's entry points and conditions without expanding beyond the standard framework for first point of entry determinations."},"complexity_factors":["Multiple defined terms (6 specific definitions plus references to Act definitions)","Extensive tabular formatting specifying 13 different berth locations across 4 categories","Cross-references to primary legislation (Biosecurity Act 2015) and subordinate regulations (Biosecurity Regulation 2016)","Nested conditional logic in notification requirements (distinguishing between owners, multiple owners, lessees, multiple lessees, and operational bodies)","Five specific categories of changes requiring notification in Part 4"],"plain_english_summary":"The law designates the Port of Geelong as an official first point of entry for international vessels and specified imports, requiring biosecurity checks on arrival. It affects ship operators, port owners/operators, and importers of containers, general cargo, inorganic bulk goods, waste and certain baggage, while excluding live horses and passenger-baggage rules.\n\nPort operators must notify the Agriculture Department of changes to ownership, procedures, facilities or risk controls; the law also allocates specific berths and an anchorage for different vessel types."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-geelong-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-geelong-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-geelong-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-geelong-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-geelong-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-geelong-determination-2019/documents"}}