{"id":"F2019L00799","name":"Biosecurity (First Point of Entry—Port of Hobart) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-hobart-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440115,"registerId":"F2019L00799-fast-fetch-1775955874554","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 Hobart) 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 Hobart) 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 Hobart) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Hobart is a first point of entry for vessels generally.\n\n6  First point of entry—goods\n\n  Port of Hobart is a first point of entry for goods other than live horses.\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 Hobart 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 Kings Pier Marina\n- 2 Vessels other than non‑commercial vessels The following areas:(a) Macquarie No. 1 Berth;(b) Macquarie No. 2 Berth; (c) Macquarie No. 3 Berth;(d) Macquarie No. 4 Berth;(e) Macquarie No. 5 Berth;(f) Princes No. 1 Berth;(g) Princes Intermediate Berth\n- 3 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) Princes No. 3 Berth;(b) Princes No. 4 Berth;(c) Risdon Wharf;(d) Selfs Point\n\n\nNote: A vessel that has arrived at Port of Hobart 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 Hobart 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 Kings Pier Marina\n- 2 Freight containers The following areas:(a) Macquarie No. 3 Berth;(b) Macquarie No. 4 Berth;(c) Macquarie No. 5 Berth\n- 3 General goods The following areas:(a) Macquarie No. 3 Berth;(b) Macquarie No. 4 Berth;(c) Macquarie No. 5 Berth;(d) Princes No. 3 Berth;(e) Princes No. 4 Berth\n- 4 Inorganic bulk goods The following areas:(a) Macquarie No. 3 Berth;(b) Macquarie No. 4 Berth;(c) Macquarie No. 5 Berth;(d) Princes No. 3 Berth;(e) Princes No. 4 Berth(f) Risdon Wharf(g) Selfs Point\n- 5 Passenger vessel baggage The following areas:(a) Macquarie No. 2 Berth;(b) Macquarie No. 3 Berth; (c) Macquarie No. 4 Berth;(d) Macquarie No. 5 Berth;(e) Princes Intermediate Berth; (f) Princes No. 1 Berth\n- 6 Waste The following areas:(a) Macquarie No. 1 Berth;(b) Macquarie No. 2 Berth; (c) Macquarie No. 3 Berth;(d) Macquarie No. 4 Berth;(e) Macquarie No. 5 Berth;(f) Princes Intermediate Berth;(g) Princes No. 1 Berth;(a) Princes No. 3 Berth;(b) Princes No. 4 Berth;(c) Risdon Wharf;(d) Selfs Point\n\n\nNote 1: If a vessel has arrived at Port of Hobart 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 Hobart 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 Hobart 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 Hobart becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Hobart; or\n\n (b) a biosecurity entry point at Port of Hobart;\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 Hobart becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Hobart; or\n\n (b) a biosecurity entry point at Port of Hobart;\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 Hobart 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 Hobart providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Hobart;\n\n (b) a change to the facilities or amenities available at Port of Hobart for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Hobart;\n\n (c) a change to the procedures at Port of Hobart that may affect the ability of a person who carries out operations at Port of Hobart to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Hobart 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 Hobart;\n\n (e) a change to the procedures at Port of Hobart for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Hobart.\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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument, as made, sets the Port of Hobart as a first point of entry and designates specific biosecurity entry points and notification conditions. The text contains no amendment or modification of that scope and the commencement note states the table relates only to the instrument 'as originally made.' On the face of the instrument there is no alteration of scope recorded."},"complexity_factors":["Cross-references to the Biosecurity Act 2015 and statutory definitions (instrument refers to s 9 and to ss 147, 173, 174, 229, 246 of the Act), requiring reading across instruments.","Detailed mapping tables that tie multiple named berths/areas to distinct classes of vessels and goods (Parts 2–3), increasing operational and logistical detail.","Interaction between 'first point of entry' designation and separate 'biosecurity entry point' obligations (vessels and goods must be brought to designated points 'as soon as practicable'), creating timing and compliance questions.","Notification and procedural conditions (s 9) impose duties on owners, lessees and operators to report changes to business operators, procedures, facilities or amenities — this creates ongoing compliance burden and potential information-timing uncertainty.","Use of category terms (e.g. 'non-commercial vessel', 'general goods', 'inorganic bulk goods', 'freight container') requires on-the-ground classification decisions before applying the location rules.","Commencement and note language about the instrument 'as originally made' (commencement table) and absence of amendment clauses may complicate future updates or interpretation of scope."],"plain_english_summary":"Designates the Port of Hobart as a \"first point of entry\" under the Biosecurity Act 2015 and names specific berths and areas as biosecurity entry points for particular classes of vessels and goods. It also requires owners, lessees and operators to notify the Agriculture Department about changes to operators, procedures, facilities or amenities that could affect biosecurity risk.\n\nWho this affects: vessel masters, port owners/lessees, cargo handlers and biosecurity officers because it dictates where vessels and goods must be brought and creates notification and operational duties."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: designating Port of Hobart as a first point of entry and specifying biosecurity entry points. The scope has not expanded beyond this administrative function."},"complexity_factors":["Short, single-purpose instrument (9 sections total)","Straightforward tabular structure for designating entry points (2 tables with clear Item/Column 1/Column 2 format)","Minimal cross-referencing — only references to Biosecurity Act 2015 (sections 9, 19, 173, 174, 229, 246, 147) and Biosecurity Regulation 2016","7 defined terms in section 4, all with clear, concrete definitions","Simple conditional logic — notification obligations triggered only by awareness of specific changes (subsections 9(2)-(5))","No nested exceptions or complex temporal provisions","Single geographic scope (Port of Hobart only)"],"plain_english_summary":"The Determination designates the Port of Hobart as an official first point of entry for international vessels and most goods, specifying which wharves and berths handle different vessel and cargo types and requiring port owners/operators to notify the Agriculture Department of operational changes that could affect biosecurity. It affects ship operators, importers, port management and biosecurity officers by fixing where inspections occur and ensuring Hobart meets Australia’s biosecurity requirements."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-hobart-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-hobart-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-hobart-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-hobart-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-hobart-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-hobart-determination-2019/documents"}}