{"id":"F2019L00774","name":"Biosecurity (First Point of Entry—Port of Melville Bay) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-melville-bay-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440097,"registerId":"F2019L00774-fast-fetch-1775955863825","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 Melville 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 Melville 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\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 Melville 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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\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 Melville Bay 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 Melville Bay 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) inorganic bulk goods.\n\nNote 1: Port of Melville Bay 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 Melville 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) Cargo Wharf;(b) Export Wharf;(c) Tanker Wharf\n\n\nNote: A vessel that has arrived at Port of Melville 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 Melville 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 Inorganic bulk goods Tanker Wharf\n\n\nNote 1: If a vessel has arrived at Port of Melville 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 Melville 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\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Melville 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 Melville Bay becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Melville Bay; or\n\n (b) a biosecurity entry point at Port of Melville 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 Melville Bay becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Melville Bay; or\n\n (b) a biosecurity entry point at Port of Melville 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 Melville 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 Melville Bay providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Melville Bay;\n\n (b) a change to the facilities or amenities available at Port of Melville Bay for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Melville Bay;\n\n (c) a change to the procedures at Port of Melville Bay that may affect the ability of a person who carries out operations at Port of Melville Bay to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Melville 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 Melville Bay;\n\n (e) a change to the procedures at Port of Melville 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 Melville Bay.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was clearly intended from the outset to designate a specific remote port (Port of Melville Bay) for limited industrial/mining use only, excluding passenger and organic cargo traffic. The conditions in Part 4 are standard biosecurity governance requirements that fit within the original purpose of managing biosecurity risk at this entry point."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4 (Act, goods, inorganic bulk goods, non-commercial vessel, vessel)","Simple conditional logic: straightforward exclusions (non-commercial vessels, passenger vessels) rather than nested exceptions","Limited cross-referencing: only references to the Biosecurity Act 2015 and Biosecurity Regulation 2016 for definitions","Clear structure: logical progression from preliminary matters to first point of entry rules, biosecurity entry points, and conditions","No delegated legislation or subordinate instruments created within the determination"],"plain_english_summary":"Port of Melville Bay is designated a controlled first point of entry into Australia for certain commercial cargo ships and tankers carrying inorganic bulk goods and approved vessel baggage, with passenger and private vessels excluded. The determination limits where such ships must berth and requires the port operator to notify the Department of Agriculture of changes affecting biosecurity arrangements. It affects shipping companies, the port operator, and biosecurity authorities by creating a tightly managed entry point for industrial/mining cargo to protect Australian biosecurity."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument, as made, sets the scope for Port of Melville Bay and contains a commencement table noting it relates only to the instrument 'as originally made' (s 2(1) and accompanying note). The instrument does not itself amend or expand earlier instruments or the Act and contains no provisions altering its original scope after commencement."},"complexity_factors":["Short standalone instrument but heavy cross‑references to the Biosecurity Act (see notes referring to sections 147, 173, 174, 229, 246) — requires users to read both texts to understand legal effect (secs 2 note, 3, 7 note, 8 notes).","Relies on defined terms from the Act (vessel, goods, non‑commercial vessel) so interpretation depends on external definitions (s 4).","Designates specific wharfs and classes of vessels/goods (ss 5–8) — operational routing obligations are concrete but limited in scope, requiring port procedures to align with legal designations.","Multiple duty‑holders and actors: owners, lessees, persons/bodies responsible for operations, vessel operators and persons unloading goods — each has different notification and operational duties (s 9).","Uses imprecise standards—'as soon as practicable' and 'reasonable notice'—which create administrative discretion and potential disputes about compliance timing (s 7 note, s 9(2)–(4)).","Conditions tied to continued designation (s 9) add ongoing compliance and reporting burdens for port owners/lessees and operators.","Exclusions (non‑commercial and passenger vessels) require careful classification by operators to determine obligations (s 5–6).","Narrow geographic scope (Port of Melville Bay) reduces breadth but concentrates compliance requirements on specific commercial activities at that port (whole instrument)."],"plain_english_summary":"This instrument designates Port of Melville Bay as a \"first point of entry\" for most commercial vessels (excluding non‑commercial and passenger vessels), for baggage on those vessels, and for inorganic bulk goods. It designates Cargo, Export and Tanker wharfs as biosecurity entry points and requires affected vessels and specified goods to be brought there as soon as practicable. Port owners, lessees and operators must notify the Agriculture Department of changes to the business operator, facilities or procedures affecting biosecurity and give reasonable notice of proposed procedural changes."},"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-melville-bay-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-melville-bay-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-melville-bay-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-melville-bay-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-melville-bay-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-melville-bay-determination-2019/documents"}}