{"id":"F2019L00781","name":"Biosecurity (First Point of Entry—Port of Hay Point) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-hay-point-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440104,"registerId":"F2019L00781-fast-fetch-1775955868079","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 Hay Point) 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 Hay Point) 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 Hay Point) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 Hay Point is a first point of entry for vessels other than the following:\n\n (a) non‑commercial vessels;\n\n (b) passenger vessels.\n\n6  First point of entry—goods\n\n  Port of Hay Point 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) waste.\n\nNote 1: Port of Hay Point 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 Hay Point 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) Dalrymple Bay Coal Terminal;(b) Hay Point Coal Terminal\n\n\nNote: A vessel that has arrived at Port of Hay Point 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 Hay Point 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 Waste The following areas:(a) Dalrymple Bay Coal Terminal;(b) Hay Point Coal Terminal\n\n\nNote 1: If a vessel has arrived at Port of Hay Point 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 Hay Point 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 Hay Point 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 Hay Point becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Hay Point; or\n\n (b) a biosecurity entry point at Port of Hay Point;\n\nthe owner (or, if there is more than one owner, an owner) must give the Agriculture Department written 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 Hay Point becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Hay Point; or\n\n (b) a biosecurity entry point at Port of Hay Point;\n\nthe lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department written 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 Hay Point 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 Hay Point providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Hay Point;\n\n (b) a change to the facilities or amenities available at Port of Hay Point for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Hay Point;\n\n (c) a change to the procedures at Port of Hay Point that may affect the ability of a person who carries out operations at Port of Hay Point to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Hay Point 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 Hay Point;\n\n (e) a change to the procedures at Port of Hay Point for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Hay Point.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: designating specific entry requirements for a single port (Hay Point) for specific vessel and goods classes. It has not expanded beyond this port-specific administrative function."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 4 specific definitions in section 4, plus references to Act definitions)","Simple conditional logic — primarily exclusionary lists (e.g., 'other than non-commercial vessels')","Straightforward tabular format for designating entry points (2 simple tables with 2 columns each)","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015 and Biosecurity Regulation 2016","Single operational condition (notification requirements in section 9) with clear trigger events"],"plain_english_summary":"This instrument designates the Port of Hay Point as a first point of entry for international commercial cargo vessels (not passenger or private craft), limiting goods to vessel baggage and ship waste and directing arrivals to Dalrymple Bay or Hay Point coal terminals.  \n\nIt binds port owners/operators to notify biosecurity authorities of changes that affect risk. It matters because it channels inspections to approved sites, protecting Australia’s biosecurity while enabling coal export operations."},"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":"This instrument applies the Biosecurity Act by designating Port of Hay Point as a first point of entry for particular vessels and goods and by naming specific terminal areas as biosecurity entry points (ss 5–8), and by imposing notification conditions on owners/lessees/operators (s 9). It does not amend the Act or expand statutory powers; it sets port‑level scope and procedures consistent with the Act’s authority (s 3)."},"complexity_factors":["Targeted scope: designates a single port and specific terminal areas rather than broad rules (ss 5–8)","Uses defined statutory terms that import meaning from the Biosecurity Act and Regulation (definitions and cross‑references to ss 9, 19 and Biosecurity Regulation 2016)","Multiple cross‑references to Act provisions that create procedural consequences (e.g. ss 147, 173, 174, 229, 246)","Conditional notification obligations on different parties (owners, lessees, operators) with timing and content requirements (s 9)","Exclusions and notes (non‑commercial and passenger vessels excluded) create discrete edge cases to check","No operational detail on enforcement or administrative process—relies on the Act for powers and penalties"],"plain_english_summary":"This Determination names Port of Hay Point as a designated first point of entry for most commercial vessels and for certain goods (baggage on such vessels and waste), and fixes the Dalrymple Bay and Hay Point Coal Terminals as the biosecurity entry points. Port owners, lessees and operators must tell the Agriculture Department about changes to operators, procedures or facilities that could affect biosecurity management, meaning those parties and vessel masters must follow the Act’s arrival and unloading requirements."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-hay-point-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-hay-point-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-hay-point-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-hay-point-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-hay-point-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-hay-point-determination-2019/documents"}}