{"id":"F2019L00788","name":"Biosecurity (First Point of Entry—Port of Milner Bay) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-milner-bay-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440108,"registerId":"F2019L00788-fast-fetch-1775955870238","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 Milner 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 Milner 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 Milner 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 Milner 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 Milner Bay is a first point of entry for 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 Milner 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 Milner 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 Milner Bay Export Wharf\n\n\nNote: A vessel that has arrived at Port of Milner 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 Milner 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 Baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel Milner Bay Export Wharf\n\n\nNote: If a vessel has arrived at Port of Milner Bay 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 Milner 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 Milner Bay becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Milner Bay; or\n\n (b) a biosecurity entry point at Port of Milner 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 Milner Bay becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Milner Bay; or\n\n (b) a biosecurity entry point at Port of Milner 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 Milner 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 Milner Bay providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Milner Bay;\n\n (b) a change to the facilities or amenities available at Port of Milner Bay for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Milner Bay;\n\n (c) a change to the procedures at Port of Milner Bay that may affect the ability of a person who carries out operations at Port of Milner Bay to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Milner 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 Milner Bay;\n\n (e) a change to the procedures at Port of Milner 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 Milner Bay.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow administrative determination made under the Biosecurity Act 2015. It serves its original purpose: designating a specific remote port as a first point of entry for limited vessel and goods categories, with appropriate biosecurity safeguards. There is no evidence of scope creep or expansion beyond the original intent of facilitating controlled international shipping access to Port of Milner Bay."},"complexity_factors":["Short instrument (9 sections only)","Minimal defined terms (4 definitions, mostly referencing the parent Act)","Simple structure with clear Parts covering preliminary matters, first point of entry designation, biosecurity entry points, and conditions","Limited conditional logic—primarily straightforward exclusions (non-commercial vessels and passenger vessels excluded)","No nested exceptions or complex cross-referencing beyond references to the Biosecurity Act 2015 and Biosecurity Regulation 2016","Single substantive condition (notification requirements) with clear triggers and responsible parties"],"plain_english_summary":"This instrument designates Port of Milner Bay (Groote Eylandt) and its Milner Bay Export Wharf as an official first point of entry for certain international cargo vessels and their baggage, subject to restrictions (excluding passenger and private/non‑commercial craft). It requires the port’s owners/operators to notify authorities of changes affecting biosecurity procedures, facilities, or risk management.\n\nIt affects shipping companies, the port’s operators, biosecurity officers, and anyone importing via this remote port because it controls where and how goods are processed on arrival."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument implements a delegated power under the Biosecurity Act to designate a first point of entry and biosecurity entry point for specified vessels and baggage. It does not amend the Act or broaden statutory biosecurity powers; it confines scope to Milner Bay Export Wharf and to the classes and notification conditions set out in the instrument (see sections 5–9)."},"complexity_factors":["Statutory basis and cross‑references: made under Biosecurity Act 2015 s229 (see section 3 of the instrument), and relies on Act definitions (section 4 references s9 and s19 of the Act).","Narrow substantive scope: designates a single physical location (Milner Bay Export Wharf) as first point of entry and biosecurity entry point for specified classes (sections 5–8).","Exclusions that affect applicability: non‑commercial vessels and passenger vessels are expressly excluded from the designation for vessels and baggage (sections 5–6).","Multiple obligated parties: separate written notification duties are imposed on owners and lessees when business operators change (section 9(2)–(3)), increasing compliance touchpoints.","Advance‑notice requirement for operators: persons/bodies responsible for operations must give 'reasonable notice' of proposed changes to procedures or facilities affecting biosecurity risk (section 9(4)–(5)), introducing a normative standard requiring administrative judgement.","Normative timing phrases: use of 'as soon as practicable' and 'reasonable notice' (see notes referencing Act ss147 and 246 and section 9) creates implementation discretion for both operators and officials.","Operational detail minimal: the instrument names the location and notification triggers but leaves technical biosecurity measures, prohibited/conditional goods rules and enforcement procedures to the Act and other determinations (see notes to sections 6, 7 and 8 referencing ss173, 174, 147, 246 of the Act).","Administrative burden concentration: compliance costs (notifications, internal procedure changes) fall on local owners/lessees/operators rather than vessel operators generally (section 9)."],"plain_english_summary":"This determination names Port of Milner Bay (Milner Bay Export Wharf) as a first point of entry and the designated biosecurity entry point for commercial vessels and for baggage carried on those vessels, excluding non‑commercial and passenger vessels. It requires owners, lessees and operators to notify the Department of Agriculture in writing of changes to the business operator or to procedures/facilities that could affect biosecurity risk. It matters because affected vessels and operators must use the designated wharf and meet new notification duties."},"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-milner-bay-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-milner-bay-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-milner-bay-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-milner-bay-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-milner-bay-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-milner-bay-determination-2019/documents"}}