{"id":"F2019L00792","name":"Biosecurity (First Point of Entry—Port of Mourilyan) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-mourilyan-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440111,"registerId":"F2019L00792-fast-fetch-1775955872356","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 Mourilyan) 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 Mourilyan) 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\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Port of Mourilyan) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Mourilyan 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 Mourilyan 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 Mourilyan 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 Mourilyan 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 Berth 1\n\n\nNote: A vessel that has arrived at Port of Mourilyan 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 Mourilyan 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 Berth 1\n\n\nNote: If a vessel has arrived at Port of Mourilyan 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 Mourilyan 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 Mourilyan becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Mourilyan; or\n\n (b) a biosecurity entry point at Port of Mourilyan;\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 Mourilyan becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Mourilyan; or\n\n (b) a biosecurity entry point at Port of Mourilyan;\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 Mourilyan 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 Mourilyan providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Mourilyan;\n\n (b) a change to the facilities or amenities available at Port of Mourilyan for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Mourilyan;\n\n (c) a change to the procedures at Port of Mourilyan that may affect the ability of a person who carries out operations at Port of Mourilyan to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Mourilyan 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 Mourilyan;\n\n (e) a change to the procedures at Port of Mourilyan for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Mourilyan.\n\n \n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: designating Port of Mourilyan as a first point of entry for specific vessel and goods classes, with associated conditions. There is no evidence of scope creep or expansion beyond this narrow administrative function."},"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 Biosecurity Act 2015","Simple conditional logic: straightforward exclusions (non-commercial vessels and passenger vessels excluded) without nested exceptions","No cross-references to other legislative instruments except the parent Act and Biosecurity Regulation 2016 for one definition","Clear structure: logical flow from preliminary matters, to first point of entry designation, to biosecurity entry points, to conditions","Single operational requirement: essentially designates Berth 1 as the entry point with notification conditions"],"plain_english_summary":"The legislation designates the Port of Mourilyan as an approved first point of entry for certain international cargo vessels and their baggage (excluding passenger, private, or other cargo), requiring arrival via Berth 1. Port owners/operators must notify the Department of Agriculture in writing of changes to operators, biosecurity procedures, facilities for officers, or risk‑management arrangements. This enables limited international cargo handling while protecting Australia’s biosecurity."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument, as drafted, confines scope to naming Port of Mourilyan (and Berth 1) as a first point of entry for specified vessels and baggage and imposes notification conditions on owners, lessees and operators. The text gives no indication that the scope has been altered from its original drafting; it specifies commencement, authority and defined exceptions without expanding the classes of vessels or goods beyond those stated."},"complexity_factors":["Narrow, location-specific scope limited to Port of Mourilyan (simple geographic focus)","Cross-references to the Biosecurity Act 2015 for definitions and related rules (requires look-up of statutory provisions)","Class-based exceptions (non-commercial vessels and passenger vessels excluded) creating conditional applicability","Operational notification duties split across owners, lessees and operators with differing triggers and timing (administrative burden)","Designates a single physical biosecurity point (Berth 1) which creates concrete operational routing requirements"],"plain_english_summary":"This Determination makes Port of Mourilyan a designated first point of entry for most commercial vessels and for baggage carried on those vessels, and designates Berth 1 as the biosecurity entry point. It sets notification conditions requiring owners, lessees and operators to tell the Agriculture Department about changes affecting biosecurity procedures, facilities or business operators. Who pays: port owners/lessees/operators bear compliance and notification costs. Who decides: the Agriculture Department enforces entry routing and accepts notices. Behaviour change: affected vessels must use Berth 1 and operators must update and notify procedural or facility changes."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-mourilyan-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-mourilyan-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-mourilyan-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-mourilyan-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-mourilyan-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-mourilyan-determination-2019/documents"}}