{"id":"F2019L00765","name":"Biosecurity (First Point of Entry—Port of Geraldton) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-geraldton-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440090,"registerId":"F2019L00765-fast-fetch-1775955861715","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 Geraldton) 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 Geraldton) 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\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Port of Geraldton) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n5  First point of entry—vessels\n\n  Port of Geraldton is a first point of entry for vessels other than non‑commercial vessels.\n\n6  First point of entry—goods\n\n  Port of Geraldton 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 Geraldton 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 Geraldton 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 The following areas:(a) Berth 1;(b) Berth 2;(c) Berth 3;(d) Berth 4;(e) Berth 5;(f) Berth 6;(g) Berth 7\n\n\nNote: A vessel that has arrived at Port of Geraldton 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 Geraldton 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 Inorganic bulk goods The following areas:(a) Berth 1;(b) Berth 2;(c) Berth 3;(d) Berth 6\n- 2 Waste The following areas:(a) Berth 1;(b) Berth 2;(c) Berth 3;(d) Berth 4;(e) Berth 5;(f) Berth 6;(g) Berth 7\n\n\nNote 1: If a vessel has arrived at Port of Geraldton 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 Geraldton 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\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Geraldton 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 Geraldton becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Geraldton; or\n\n (b) a biosecurity entry point at Port of Geraldton;\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 Geraldton becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Geraldton; or\n\n (b) a biosecurity entry point at Port of Geraldton;\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 Geraldton 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 Geraldton providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Geraldton;\n\n (b) a change to the facilities or amenities available at Port of Geraldton for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Geraldton;\n\n (c) a change to the procedures at Port of Geraldton that may affect the ability of a person who carries out operations at Port of Geraldton to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Geraldton 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 Geraldton;\n\n (e) a change to the procedures at Port of Geraldton for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Geraldton.\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":2,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original narrow purpose: designating a specific regional port as a first point of entry for limited categories of vessels and goods. There is no evidence of scope creep; it remains tightly focused on Geraldton's operational parameters."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 5 definitions in section 4 (Act, goods, inorganic bulk goods, non-commercial vessel, vessel, waste)","Simple conditional logic: straightforward exclusions (e.g., 'other than non-commercial vessels')","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015 and Biosecurity Regulation 2016","Clear tabular format for designated entry points (Berths 1–7)","Single operational condition in Part 4 (notification requirements) with straightforward trigger events"],"plain_english_summary":"The instrument formally makes the Port of Geraldton a “first point of entry” for certain commercial ships, specified inorganic bulk goods, baggage from cargo ships, and ship waste, allowing these to enter Australia there instead of a major port. It restricts which berths those cargos may use and requires the port owner/operator to notify the Agriculture Department about changes to operators, biosecurity procedures, or facilities.\n\nIt affects shipping companies, port operators, importers of bulk inorganic goods, and biosecurity officers."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself does not alter or broaden other statutory provisions; it designates Port of Geraldton as a first point of entry for specified vessel and goods categories and prescribes berth‑level biosecurity entry points and notification conditions. It therefore sets the scope it applies rather than changing pre‑existing statutory scope outside those designations (see ss 5–9 and notes referencing ss 147, 173, 174, 246 of the Act)."},"complexity_factors":["Cross-reference to the Biosecurity Act for authority and operative duties (instrument made under s 229 of the Act; see s 3 of the instrument).","Operational cross-references to Act provisions that affect behaviour and timing (notes reference ss 147, 173, 174 and s 246 of the Act), requiring users to consult the Act for full obligations.","Definitions and categorical distinctions embedded in the instrument (goods, inorganic bulk goods, waste, non-commercial vessel) that change which objects/vessels are covered (s 4; ss 5–6).","Detailed mapping of regulatory duties to specific berths and classes (biosecurity entry points for vessels in s 7 and goods in s 8), creating operational compliance tasks for port users and managers.","Notification and procedural conditions impose ongoing compliance burdens and discretionary standards — obligations to give written notice \"as soon as practicable\" or \"reasonable notice\" for changes (s 9(2)–(5), s 9(4)), which leave timing and adequacy partly fact‑specific.","Limited substantive scope reduces legal complexity overall (only particular vessel/goods classes and named berths are covered), but operational complexity for port logistics remains (ss 5–8).","Commencement and administrative formalities are straightforward but must be checked for temporal effect (s 2)."],"plain_english_summary":"This instrument designates the Port of Geraldton as a \"first point of entry\" for most commercial vessels and for specified goods (baggage from commercial vessels, inorganic bulk goods, and waste) and identifies particular berths as biosecurity entry points. It requires port owners, lessees and operators to notify the Department of Agriculture of changes affecting biosecurity procedures or facilities. It matters to ship operators, port owners/lessees and biosecurity officers because it sets where and when certain vessels and goods must be presented and monitored."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-geraldton-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-geraldton-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-geraldton-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-geraldton-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-geraldton-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-geraldton-determination-2019/documents"}}