{"id":"F2019L00768","name":"Biosecurity (First Point of Entry—Port of Gladstone) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-gladstone-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440092,"registerId":"F2019L00768-fast-fetch-1775955861717","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 Gladstone) 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 Gladstone) 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 Gladstone) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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\nnon‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\nnon‑commercial vessel waste means waste carried on a non‑commercial vessel.\n\npassenger vessel baggage means baggage carried on a passenger vessel.\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 Gladstone is a first point of entry for vessels generally.\n\n6  First point of entry—goods\n\n  Port of Gladstone is a first point of entry for goods other than the following:\n\n (a) live horses;\n\n (b) passenger vessel baggage.\n\nNote: 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 Gladstone 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 Non-commercial vessels Gladstone Marina\n- 2 Passenger vessels Auckland Point No 1\n- 3 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) Auckland Point No 1;(b) Auckland Point No 2;(c) Auckland Point No 3;(d) Auckland Point No 4;(e) APLNG Terminal;(f) Barney Point Wharf;(g) Boyne Smelter;(h) Fisherman’s Landing No 1;(i) Fisherman’s Landing No 2;(j) Fisherman’s Landing No 4;(k) Fisherman’s Landing No 5;(l) Gladstone LNG Facility Curtis Island;(m) QGC Curtis Island LNG Export Jetty;(n) RG Tanna Coal Terminal No 1;(o) RG Tanna Coal Terminal No 2;(p) RG Tanna Coal Terminal No 3;(q) RG Tanna Coal Terminal No 4;(r) South Trees East;(s) South Trees West;(t) Wiggins Island Coal Terminal\n\n\nNote: A vessel that has arrived at Port of Gladstone 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 Gladstone 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) non‑commercial vessel baggage;(b) non-commercial vessel waste Gladstone Marina\n- 2 Freight containers The following areas:(a) Auckland Point No 3;(b) Auckland Point No 4\n- 3 Inorganic bulk goods The following areas:(a) Auckland Point No 1;(b) Auckland Point No 3;(c) Auckland Point No 4;(d) Barney Point Wharf;(e) Boyne Smelter;(f) Fisherman’s Landing No 1;(g) Fisherman’s Landing No 2;(k) Fisherman’s Landing No 5;(h) South Trees East;(i) South Trees West\n- 4 General goods The following areas:(a) Auckland Point No 1;(b) Auckland Point No 3;(c) Auckland Point No 4;(d) Barney Point Wharf\n- 5 Waste The following areas:(a) Auckland Point No 1;(b) Auckland Point No 2;(c) Auckland Point No 3;(d) Auckland Point No 4;(e) APLNG Terminal;(f) Barney Point Wharf;(g) Boyne Smelter;(h) Fisherman’s Landing No 4;(i) Fisherman’s Landing No 5;(j) Fisherman’s Landing No 1;(k) Fisherman’s Landing No 2;(l) Gladstone LNG Facility Curtis Island;(m) QGC Curtis Island LNG Export Jetty;(n) RG Tanna Coal Terminal No 1;(o) RG Tanna Coal Terminal No 2;(p) RG Tanna Coal Terminal No 3;(q) RG Tanna Coal Terminal No 4;(r) South Trees East;(s) South Trees West\n\n\nNote 1: If a vessel has arrived at Port of Gladstone 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 Gladstone 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 Gladstone 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 Gladstone becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Gladstone; or\n\n (b) a biosecurity entry point at Port of Gladstone;\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 Gladstone becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Gladstone; or\n\n (b) a biosecurity entry point at Port of Gladstone;\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 Gladstone 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 Gladstone providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Gladstone;\n\n (b) a change to the facilities or amenities available at Port of Gladstone for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Gladstone;\n\n (c) a change to the procedures at Port of Gladstone that may affect the ability of a person who carries out operations at Port of Gladstone to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Gladstone 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 Gladstone;\n\n (e) a change to the procedures at Port of Gladstone for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Gladstone.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: designating Port of Gladstone as a first point of entry under the Biosecurity Act 2015 and specifying where within the port biosecurity activities occur. The scope has not expanded beyond this administrative function."},"complexity_factors":["Straightforward structure with only 9 sections across 4 Parts","Minimal cross-referencing — primarily references the parent Biosecurity Act 2015 for definitions rather than creating complex internal references","8 defined terms in section 4, mostly clarifying specific goods categories (freight containers, inorganic bulk goods, etc.)","Two detailed tables mapping vessel/goods types to specific physical locations — these are comprehensive but not logically complex","Simple conditional logic in Part 4 (notification requirements) with clear triggers and straightforward obligations","No nested exceptions or highly conditional provisions — the exclusions in section 6 (live horses, passenger baggage) are absolute and simple"],"plain_english_summary":"The law designates the Port of Gladstone as a formal first point of entry into Australia and specifies which wharves and terminals are the required biosecurity entry points for different vessels and cargo. It restricts certain arrivals (eg, live horses, passenger baggage) and obliges port owners/operators to notify the Agriculture Department of changes that could affect biosecurity risk. It affects shipping companies, port operators, importers and biosecurity officials by directing where inspections occur to help prevent pests and disease."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself sets out the Port of Gladstone as a first point of entry and designates specific biosecurity entry points and notification conditions (ss 5–9). It does not state any amendment to prior determinations; it operates by specifying roles, places and reporting duties rather than expanding or narrowing the general reach of the Biosecurity Act beyond those designations."},"complexity_factors":["Multiple defined terms and cross-references to the Biosecurity Act 2015 (definitions in s4 and authority in s3).","Detailed lists mapping classes of vessels to specific port areas (s7) and classes of goods to specific biosecurity entry areas (s8) — operational complexity from many named locations.","Operational obligation to bring vessels/goods to designated biosecurity entry points 'as soon as practicable' (note referencing ss 246 and 147 of the Act) — timing and enforcement discretion.","Notification and reporting duties on owners, lessees and operators for changes to business entity, procedures or facilities that may affect biosecurity (s9) — compliance burden and information flow requirements.","Commencement mechanics and archival note about the instrument as originally made (s2) — affects legal timing and versioning.","Exclusions carved out at the instrument level (e.g. live horses and passenger vessel baggage excluded from goods first-point status, s6) — creates scope boundaries users must track."],"plain_english_summary":"This instrument designates the Port of Gladstone as a first point of entry for vessels and most goods, specifies which precincts within the port are the biosecurity entry points for particular classes of vessels and goods, and imposes notification duties on port owners/lessees/operators to tell the Agriculture Department about operational or procedural changes that could affect biosecurity. It affects vessel operators, cargo owners, port owners/lessees and biosecurity officers by directing where arrivals and goods must be brought for inspection and by creating reporting obligations."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-gladstone-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-gladstone-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-gladstone-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-gladstone-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-gladstone-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-gladstone-determination-2019/documents"}}