{"id":"F2019L00807","name":"Biosecurity (First Point of Entry—Port of Lucinda) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-lucinda-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440125,"registerId":"F2019L00807-fast-fetch-1775955878814","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 Lucinda) 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 Lucinda) Determination 2019\n\n \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 Lucinda) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nPart 2—First point of entry\n\n5  First point of entry—vessels\n\n  Port of Lucinda 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 Lucinda is a first point of entry for baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel.\n\nNote 1: Port of Lucinda 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 Lucinda 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 Lucinda Bulk Sugar Terminal\n\n\nNote: A vessel that has arrived at Port of Lucinda 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 Lucinda 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 Baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel Lucinda Bulk Sugar Terminal\n\n\nNote: If a vessel has arrived at Port of Lucinda and is carrying goods 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\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Lucinda 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 Lucinda becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Lucinda; or \n\n (b) a biosecurity entry point at Port of Lucinda;\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 Lucinda becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Lucinda; or\n\n (b) a biosecurity entry point at Port of Lucinda;\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 Lucinda 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 Lucinda providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Lucinda;\n\n (b) a change to the facilities or amenities available at Port of Lucinda for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Lucinda;\n\n (c) a change to the procedures at Port of Lucinda that may affect the ability of a person who carries out operations at Port of Lucinda to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Lucinda 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 Lucinda;\n\n (e) a change to the procedures at Port of Lucinda for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Lucinda.\n\n \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":3,"scope_assessment":{"changed":false,"description":"This determination operates within the Biosecurity Act 2015 framework and does not change statutory definitions or introduce new prohibitions. It simply designates Port of Lucinda (and the Lucinda Bulk Sugar Terminal) as a first point of entry for specified vessels and baggage and imposes written-notification and advance-notice conditions on owners, lessees and operators (see instrument, secs 5–9)."},"complexity_factors":["Narrow, location-specific scope (single port and a single terminal).","Clear exclusions for non‑commercial vessels and passenger vessels require reference to Act definitions.","Relies on defined terms in the Biosecurity Act 2015 (eg. 'goods', 'vessel', 'non‑commercial vessel').","Cross-references operational obligations in the Act (notably provisions requiring arrival at biosecurity entry points and rules about goods).","Administrative notification duties use subjective standards ('as soon as practicable', 'reasonable notice'), creating interpretive discretion.","Multiple potential duty-holders (owner(s), lessee(s), persons/bodies carrying out operations) which can complicate compliance responsibility.","Designates a specific facility (Lucinda Bulk Sugar Terminal) as the physical point for biosecurity activity, concentrating operational requirements.","Commencement and formal instrument-making mechanics are explicit but straightforward."],"plain_english_summary":"This instrument names Port of Lucinda as a first point of entry for commercial vessels and for baggage carried on those vessels, and designates the Lucinda Bulk Sugar Terminal as the port’s biosecurity entry point. It also obliges owners, lessees and operators to notify the Department of Agriculture in writing about changes to ownership, operators, facilities or procedures that could affect biosecurity, and to give reasonable advance notice of certain operational changes."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a site-specific determination made under section 229(1) of the Biosecurity Act 2015. Its purpose is to designate a specific regional port (Port of Lucinda) as a first point of entry with restricted categories of vessels and goods. The scope remains tightly focused on this single port and its sugar terminal operations, with no evidence of scope creep beyond the original intent of enabling limited international vessel arrivals at this specific location."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4 (Act, goods, non-commercial vessel, vessel), with most terms referencing the parent Act","Simple conditional logic: straightforward exclusions using 'other than' clauses rather than nested exceptions","No cross-references to other legislation beyond the parent Biosecurity Act 2015 and Biosecurity Regulation 2016","Single operational location: all biosecurity entry points map to one physical place (Lucinda Bulk Sugar Terminal)","Clear scope: applies to one specific port with narrow vessel and goods categories"],"plain_english_summary":"The Port of Lucinda is designated an approved first point of entry for certain international cargo vessels arriving in Australia, limited to commercial cargo ships (principally sugar) and only allowing personal baggage at the Lucinda Bulk Sugar Terminal. Passenger and non-commercial vessels are barred.\n\nThis affects shipping firms, the port’s owners/operators and biosecurity authorities by enabling limited international arrivals while keeping biosecurity risks confined to a single controlled facility."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-lucinda-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-lucinda-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-lucinda-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-lucinda-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-lucinda-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-lucinda-determination-2019/documents"}}