{"id":"F2019L01544","name":"Biosecurity (First Point of Entry—Port of Mackay) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-mackay-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440313,"registerId":"F2019L01544-fast-fetch-1775955992439","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 Mackay) 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 Mackay) Determination 2019\n\nI, Leanne Herrick, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 29 November 2019\n\nLeanne Herrick\n\nActing Assistant 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 Mackay) 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16 December 2019. 16 December 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 Mackay is a first point of entry for vessels generally.\n\n6  First point of entry—goods\n\n  Port of Mackay is a first point of entry for the following:\n\n (a) baggage carried on a vessel other than a passenger vessel;\n\n (b) freight containers;\n\n (c) inorganic bulk goods;\n\n (d) general goods;\n\n (e) waste.\n\nNote 1: Port of Mackay 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 Mackay 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 Mackay Marina\n- 2 Vessels other than non-commercial vessels M1\n- 3 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) M3;(b) M4;(c) M5\n\n\nNote: A vessel that has arrived at Port of Mackay 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 Mackay 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) baggage carried on a vessel other than a non-commercial vessel or passenger vessel;(b) freight containers;(c) inorganic bulk goods;(d) general goods;(e) waste The following areas:(a) M1;(b) M3;(c) M4;(d) M5\n- 2 All of the following:(a) non‑commercial vessel baggage;(b) non-commercial vessel waste Mackay Marina\n\n\nNote: If a vessel has arrived at Port of Mackay 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 Mackay 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 Mackay becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Mackay; or\n\n (b) a biosecurity entry point at Port of Mackay;\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 Mackay becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Mackay; or\n\n (b) a biosecurity entry point at Port of Mackay;\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 Mackay 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 Mackay providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Mackay;\n\n (b) a change to the facilities or amenities available at Port of Mackay for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Mackay;\n\n (c) a change to the procedures at Port of Mackay that may affect the ability of a person who carries out operations at Port of Mackay to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Mackay 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 Mackay;\n\n (e) a change to the procedures at Port of Mackay for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Mackay.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination operates within the Biosecurity Act's framework and does not alter the Act's substantive definitions or powers. It designates Port of Mackay and specific areas as a first point of entry and biosecurity entry points for specified vessel and goods classes, and attaches notification conditions. It therefore clarifies operational scope at Port of Mackay rather than expanding or narrowing the statutory scheme."},"complexity_factors":["Cross-reference to the Biosecurity Act 2015 for authority (section 3 cites subsection 229(1) of the Act).","Multiple defined terms with statutory references (definitions in section 4 refer to Act section 9 and section 19).","Different classes of vessels and goods mapped to different physical areas (Part 3, sections 7–8) requiring operational coordination.","Ongoing notification duties on owners, lessees and operators about business, facility or procedural changes affecting biosecurity (Part 4, section 9) — creates compliance and information-flow duties.","Operational timing obligations (must bring vessels/goods to entry points \"as soon as practicable\") linked to Act provisions (notes refer to sections 246 and 147), which may require ministerial or departmental interpretation in practice.","Commencement and administrative detail are concise but leave implementation details (e.g. precise boundaries of areas M1–M5) to operational documents, increasing reliance on external maps/port plans."],"plain_english_summary":"**What this does:** This instrument names the Port of Mackay as a statutory \"first point of entry\" for vessels and for specified classes of goods (baggage, freight containers, inorganic bulk goods, general goods and waste) and designates specific port areas (M1, M3, M4, M5 and Mackay Marina) as the places where vessels and goods must be brought for biosecurity processing.  \n\n**Who it affects:** Port owners, lessees and operators must notify the Department of Agriculture of changes to business, facilities or procedures that could affect biosecurity risk; vessel operators and cargo handlers must bring vessels/goods to the designated entry points as soon as practicable."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose: designating a specific port as a first point of entry with accompanying conditions. The scope remains tightly focused on Port of Mackay's operational parameters without expansion into broader policy areas."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","7 defined terms in section 4, plus reliance on external definitions from the Biosecurity Act 2015","Simple tabular format for designating entry points (2 tables total)","Straightforward conditional logic with clear vessel/goods classifications","Single condition in Part 4 requiring notifications of operational changes","No nested exceptions or complex cross-referencing beyond basic references to the parent Act"],"plain_english_summary":"This instrument designates the Port of Mackay (QLD) as a first point of entry for international vessels and specified non-passenger goods, and establishes where private versus commercial vessels must berth. It allows the port to receive containers, inorganic bulk, general cargo, vessel waste and non-passenger baggage, but not passenger baggage, live horses or wholly prohibited biosecurity goods.\n\nPort owners/operators must notify the Department of Agriculture of changes to operators, biosecurity procedures or facilities so inspections and biosecurity controls protect Australian agriculture and environment."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-mackay-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-mackay-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-mackay-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-mackay-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-mackay-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-mackay-determination-2019/documents"}}