{"id":"F2019L00789","name":"Biosecurity (First Point of Entry—Port of Newcastle) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-newcastle-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440106,"registerId":"F2019L00789-fast-fetch-1775955870228","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 Newcastle) 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 Newcastle) 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 Newcastle) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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\npassenger vessel baggage means baggage carried on a passenger 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 Newcastle is a first point of entry for vessels generally.\n\n6  First point of entry—goods\n\n  Port of Newcastle is a first point of entry for goods other than the following:\n\n (a) live horses;\n\n (b) passenger vessel baggage.\n\nNote: 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 Newcastle 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 Newcastle Cruising Yacht Club\n- 2 Vessels other than non‑commercial vessels The following areas:(a) Channel Berth;(b) Dyke 1;(c) West Basin 3;(d) West Basin 4\n- 3 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) BHP 6 Berth;(b) Dyke 2;(c) Dyke 4;(d) Dyke 5;(e) East Basin 1;(f) East Basin 2;(g) Kooragang 2;(h) Kooragang 3;(i) Kooragang 4;(j) Kooragang 5;(k) Kooragang 6;(l) Kooragang 7;(m) Kooragang 8;(n) Kooragang 9;(o) Kooragang 10;(p) Mayfield 4;(q) Mayfield 7\n\n\nNote: A vessel that has arrived at Port of Newcastle 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 Newcastle 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) non‑commercial vessel baggage;(b) non-commercial vessel waste Newcastle Cruising Yacht Club\n- 2 Freight containers The following areas:(a) East Basin 1;(b) East Basin 2;(c) Mayfield 4;(d) West Basin 3;(e) West Basin 4\n- 3 Inorganic bulk goods The following areas:(a) BHP 6 Berth;(b) Dyke 1;(c) East Basin 1;(d) East Basin 2;(e) Mayfield 4;(f) Mayfield 7;(g) West Basin 3;(h) West Basin 4;(i) Kooragang 2;(j) Kooragang 3\n- 4 General goods The following areas:(a) East Basin 1;(b) East Basin 2;(c) Kooragang 2;(d) Kooragang 3;(e) Mayfield 4;(f) West Basin 3;(g) West Basin 4\n- 5 Waste The following areas:(a) BHP 6 Berth;(b) Channel Berth;(c) Dyke 1;(d) Dyke 2;(e) Dyke 4;(f) Dyke 5;(g) East Basin 1;(h) East Basin 2;(i) Kooragang 2;(j) Kooragang 3;(k) Kooragang 4;(l) Kooragang 5;(m) Kooragang 6;(n) Kooragang 7;(o) Kooragang 8;(p) Kooragang 9;(q) Kooragang 10;(r) Mayfield 4;(s) Mayfield 7;(t) West Basin 3;(u) West Basin 4\n\n\nNote 1: If a vessel has arrived at Port of Newcastle 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 Newcastle 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 Newcastle 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 Newcastle becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Newcastle; or\n\n (b) a biosecurity entry point at Port of Newcastle;\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 Newcastle becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Newcastle; or\n\n (b) a biosecurity entry point at Port of Newcastle;\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 Newcastle 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 Newcastle providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Newcastle;\n\n (b) a change to the facilities or amenities available at Port of Newcastle for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Newcastle;\n\n (c) a change to the procedures at Port of Newcastle that may affect the ability of a person who carries out operations at Port of Newcastle to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Newcastle 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 Newcastle;\n\n (e) a change to the procedures at Port of Newcastle for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Newcastle.\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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: designating Port of Newcastle as a first point of entry with specific operational requirements. The scope remains limited to port-specific biosecurity arrangements without expansion into broader policy areas."},"complexity_factors":["Short length (9 sections total)","Straightforward structure with clear Parts (Preliminary, First point of entry, Biosecurity entry points, Conditions)","8 defined terms in section 4, mostly referencing definitions from the parent Biosecurity Act 2015","Simple conditional logic: tables mapping vessel/goods types to specific geographic areas","Minimal cross-referencing (only references to sections 9, 19, 173, 174, 229, 246, and 147 of the Act)","Single substantive condition in Part 4 requiring notifications of operational changes","No nested exceptions or complex temporal provisions"],"plain_english_summary":"The law designates the Port of Newcastle as an official first point of entry for most international vessels and goods, enabling arrivals to undergo required biosecurity checks there. It establishes where different vessels and cargo types must berth, bans live horses and passenger baggage, and requires port owners/operators to notify authorities about changes affecting biosecurity. This affects shipping companies, port operators, importers, and biosecurity officials and enables lawful international trade while managing pest and disease risks."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination exercises the power in subsection 229(1) of the Biosecurity Act 2015 to designate Port of Newcastle as a first point of entry for specified vessels and most goods and to identify port areas as biosecurity entry points, and to impose notification conditions on owners/lessees/operators (s3; ss5–9). It does not expand the statutory biosecurity regime beyond those designations and conditions; it implements location‑specific obligations rather than changing the Act’s substantive scope."},"complexity_factors":["Cross‑references to the Biosecurity Act 2015 create dependency on statutory definitions and duties outside the instrument (see s3 and definitions in s4).","Detailed, site‑specific lists of berths and areas designate different entry points for distinct vessel classes and goods, increasing operational complexity for port managers and masters (ss7–8).","Explicit exclusions (live horses; passenger vessel baggage) require parties to track which goods are covered by the designation (s6).","Performance standards use imprecise temporal standards—‘as soon as practicable’ and ‘reasonable notice’—which create compliance discretion and potential disputes about timing (notes and s9(2)–(4)).","Multiple obliged parties (owners, lessees, persons/body operating or carrying out operations) share notification duties, creating coordination and information‑flow burdens (s9(2)–(4)).","Operational consequences: moving vessels/goods to specified biosecurity entry points affects logistics, costs and routing for carriers and terminal operators (ss7–8)."],"plain_english_summary":"This instrument designates Port of Newcastle as a ‘first point of entry’ for vessels and for most imported goods (excluding live horses and passenger vessel baggage) and specifies which berths and areas at the port are the required biosecurity entry points for particular vessel classes and types of goods (ss5–8). It also makes port owners, lessees and operators responsible for giving written notice to the Agriculture Department of changes to operators, procedures or facilities that could affect biosecurity, requiring prompt or reasonable notice (s9)."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-newcastle-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-newcastle-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-newcastle-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-newcastle-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-newcastle-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-newcastle-determination-2019/documents"}}