{"id":"F2019L00800","name":"Biosecurity (First Point of Entry—Port of Launceston (Bell Bay)) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-launceston-bell-bay-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440114,"registerId":"F2019L00800-fast-fetch-1775955874553","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 Launceston (Bell Bay)) 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 Launceston (Bell Bay)) 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 Launceston (Bell Bay)) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n \n\n5  First point of entry—vessels\n\n  Port of Launceston (Bell Bay) is a first point of entry for vessels generally.\n\n6  First point of entry—goods\n\n  Port of Launceston (Bell Bay) 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\n \n\n7  Biosecurity entry points—vessels\n\n  Each area of Port of Launceston (Bell Bay) 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) Long Reach North Berth;(b) Long Reach South Berth;(c) No. 1 Berth;(d) No. 2 Berth;(e) No. 3 Berth;(f) No. 4 Berth;(g) No. 5 Berth;(h) No. 6 Berth\n- 2 All of the following:(a) non‑commercial vessels;(b) passenger vessels Inspection Head Wharf Beauty Point\n\n\nNote: A vessel that has arrived at Port of Launceston (Bell Bay) 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 Launceston (Bell Bay) 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) freight containers;(b) general goods The following areas:(a) No. 5 Berth;(b) No. 6 Berth\n- 2 All of the following:(a) non‑commercial vessel baggage;(b) non-commercial vessel waste Inspection Head Wharf Beauty Point\n- 3 Inorganic bulk goods The following areas:(a) No. 1 Berth;(b) No. 2 Berth;(c) No. 3 Berth;(d) No. 4 Berth;(e) No. 5 Berth;(f) No. 6 Berth\n- 4 Waste The following areas:(a) Inspection Head Wharf Beauty Point;(b) Long Reach North Berth;(c) Long Reach South Berth;(d) No. 1 Berth;(e) No. 2 Berth;(f) No. 3 Berth;(g) No. 4 Berth;(h) No. 5 Berth;(i) No. 6 Berth\n\n\nNote 1: If a vessel has arrived at Port of Launceston (Bell Bay) 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 Launceston (Bell Bay) 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 Launceston (Bell Bay) 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 Launceston (Bell Bay) becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Launceston (Bell Bay); or\n\n (b) a biosecurity entry point at Port of Launceston (Bell Bay);\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 Launceston (Bell Bay) becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Launceston (Bell Bay); or\n\n (b) a biosecurity entry point at Port of Launceston (Bell Bay);\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 Launceston (Bell Bay) 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 Launceston (Bell Bay) providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Launceston (Bell Bay);\n\n (b) a change to the facilities or amenities available at Port of Launceston (Bell Bay) for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Launceston (Bell Bay);\n\n (c) a change to the procedures at Port of Launceston (Bell Bay) that may affect the ability of a person who carries out operations at Port of Launceston (Bell Bay) to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Launceston (Bell Bay) 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 Launceston (Bell Bay);\n\n (e) a change to the procedures at Port of Launceston (Bell Bay) for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Launceston (Bell Bay).\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a site-specific determination made under section 229(1) of the Biosecurity Act 2015. Its purpose is narrowly tailored to designate the Port of Launceston (Bell Bay) as a first point of entry with specific conditions. The scope remains limited to this single port facility and does not appear to have expanded beyond the original intent of managing biosecurity entry points for this specific location."},"complexity_factors":["Short length (9 sections total)","Straightforward structure with clear Parts (Preliminary, First point of entry, Biosecurity entry points, Conditions)","7 defined terms in section 4, mostly referencing definitions from the parent Biosecurity Act 2015 rather than creating new complex definitions","Simple conditional logic: tables mapping vessel/goods types to specific physical locations (berths)","Only one substantive condition (section 9) requiring notification of operational changes","No nested exceptions or complex cross-referencing beyond references to the parent Act and Regulation","Clear delineation of what is NOT permitted (live horses, passenger vessel baggage) rather than complex prohibitions"],"plain_english_summary":"The instrument designates the Port of Launceston (Bell Bay) as an official “first point of entry” for international vessels and most goods, setting where certain vessel types and cargo may arrive and requiring port operators to notify the Agriculture Department of operational or ownership changes that could affect biosecurity controls. \n\nIt affects shipping and cargo operators, the port’s owners/lessees, biosecurity officials, and importers by formalising inspection points to help prevent pests and diseases while keeping trade flowing."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument operates within the Biosecurity Act’s framework: it designates the Port of Launceston (Bell Bay) as a first point of entry and prescribes specific biosecurity entry points and notification conditions (ss5–9). It does not expand or narrow biosecurity controls beyond categories and procedural obligations authorised by the Act, but it does impose specific operational and reporting duties on port owners, lessees and operators."},"complexity_factors":["Designates the port as a first point of entry and maps specific classes of vessels/goods to particular berths and areas (ss5–8).","Distinct categories and exclusions (e.g. live horses, passenger vessel baggage excluded from goods first point—s6) require careful classification of incoming consignments.","Notification and advance-notice obligations on owners, lessees and operators introduce ongoing compliance and governance duties (s9).","Several provisions rely on cross-references to the Biosecurity Act (e.g. prohibited/conditionally non‑prohibited goods, timing obligations in ss147 and 246), increasing interpretive dependencies.","Defined technical terms (e.g. freight container, inorganic bulk goods, waste) set operational thresholds that affect application (Definitions, s4).","Timing standards such as “as soon as practicable” and “reasonable notice” create enforcement and discretional uncertainty for implementation (notes to ss7–8; s9)."],"plain_english_summary":"This determination makes the Port of Launceston (Bell Bay) a ‘first point of entry’ for vessels and most goods and lists which berths and areas are the official biosecurity entry points for particular classes of vessels and goods (ss5–8). Owners, lessees and operators must notify the Agriculture Department of changes to the business, facilities or procedures that affect biosecurity and give reasonable advance notice of proposed operational changes (s9), creating reporting and operational-compliance obligations for port operators."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-launceston-bell-bay-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-launceston-bell-bay-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-launceston-bell-bay-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-launceston-bell-bay-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-launceston-bell-bay-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-launceston-bell-bay-determination-2019/documents"}}