{"id":"F2022L00319","name":"Biosecurity (First Point of Entry—Port of Norfolk Island) Determination 2022","slug":"biosecurity-first-point-of-entry-port-of-norfolk-island-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441267,"registerId":"F2022L00319-fast-fetch-1775956621683","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 Norfolk Island) Determination 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\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 Norfolk Island) Determination 2022\n\nI, Barbara Cooper, as delegate of the Director of Biosecurity, make the following determination.\n\nDated  8 March 2022\n\nBarbara Cooper\n\nAssistant Secretary  Biosecurity Operations Division  Department of Agriculture, Water and the Environment\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\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Biosecurity (First Point of Entry—Port of Norfolk Island) Determination 2022.\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this instrument 16 March 2022. 16 March 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 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:\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 Norfolk Island is a first point of entry for vessels generally.\n\n6  First point of entry—goods\n\n  Port of Norfolk Island is a first point of entry for the following classes of goods:\n\n (a) baggage other than passenger vessel baggage;\n\n (b) general goods;\n\n (c) non-commercial vessel waste.\n\nNote 1: Port of Norfolk Island 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 Norfolk Island 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 All vessels The following areas:(a) Cascade Bay Anchorage;(b) Sydney Bay (Kingston) Anchorage\n- 2 Vessels other than non‑commercial vessels and passenger vessels Ball Bay Anchorage\n\n\nNote: A vessel that has arrived at Port of Norfolk Island 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 Norfolk Island 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 other than non-commercial vessel baggage or passenger vessel baggage(b) inorganic bulk goods The following areas:(a) Ball Bay Anchorage;(b) Cascade Bay Pier;(c) Kingston Pier\n- 2 All of the following:(a) general goods;(b) non‑commercial vessel baggage;(c) non-commercial vessel waste The following areas:(a) Cascade Bay Pier;(b) Kingston Pier\n\n\nNote: If a vessel has arrived at Port of Norfolk Island 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 Norfolk Island 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 Norfolk Island becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Norfolk Island; or\n\n (b) a biosecurity entry point at Port of Norfolk Island;\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 Norfolk Island becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Norfolk Island; or\n\n (b) a biosecurity entry point at Port of Norfolk Island;\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 Norfolk Island 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 Norfolk Island providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Norfolk Island;\n\n (b) a change to the facilities or amenities available at Port of Norfolk Island for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Norfolk Island;\n\n (c) a change to the procedures at Port of Norfolk Island that may affect the ability of a person who carries out operations at Port of Norfolk Island to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Norfolk Island 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 Norfolk Island;\n\n (e) a change to the procedures at Port of Norfolk Island for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Norfolk Island.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: establishing the Port of Norfolk Island as a first point of entry with specific geographic zones and operational conditions. No scope creep is evident."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","11 defined terms in section 4, mostly straightforward (e.g., 'freight container', 'general goods')","Simple conditional logic: tables in sections 7-8 map vessel/goods types to specific geographic areas","Single substantive condition in Part 4 requiring notifications of operational changes","No nested exceptions or complex cross-referencing beyond basic references to the parent Biosecurity Act 2015","Clear structure following standard legislative template (Name, Commencement, Authority, Definitions, Substantive provisions)"],"plain_english_summary":"The law declares the Port of Norfolk Island a formal first point of entry to Australia for ships and limited cargo, sets which areas of the port different vessels must use, and requires port owners/operators to notify the Agriculture Department about operational or biosecurity-control changes. It permits personal baggage, general freight and private-boat waste but excludes cruise-ship cargo, live horses and freight containers.\n\nIt affects ship operators, port managers, importers and biosecurity officials and aims to protect Norfolk Island’s fragile ecosystem by channeling and monitoring arrivals."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument sets out the scope of Port of Norfolk Island’s role as a first point of entry and specifies designated biosecurity entry points and notification conditions. It does not amend the Biosecurity Act or redefine the classes of goods or vessels in the Act; instead it applies those statutory categories to particular locations and imposes operational notification obligations on owners, lessees and operators."},"complexity_factors":["Delegated legislative instrument under Biosecurity Act s229(1) — relies on and cross‑references multiple Act provisions (definitions in s9; ss147, 173, 174, 246) which requires reading the Act alongside the determination.","Class‑based mapping: different classes of vessels and goods are mapped to different physical areas (anchorages, piers), creating operational distinctions for masters and port operators.","Multiple duty‑holders: owners, lessees and persons/bodies carrying out operations have overlapping notification and notice obligations, with timing and content distinctions.","Conditional obligations: notification requirement applies on awareness of changes and to proposed procedural/facility changes (reasonable notice for proposals; as‑soon‑practicable for actual changes).","Defined-term dependence: many duties reference Act definitions (e.g. ‘vessel’, ‘goods’, ‘waste’, ‘non‑commercial vessel’) which affects application across scenarios.","Operational implementation risk: compliance depends on port infrastructure, availability of officers at designated points, and clarity about what constitutes a proposed vs actual change.","Limited exemptions/specificities: separate treatment for non‑commercial vessels, passenger vessel baggage and inorganic bulk goods introduces exceptions that must be managed."],"plain_english_summary":"This instrument designates Port of Norfolk Island as a Commonwealth biosecurity first point of entry for vessels generally and for specified goods, and identifies particular anchorages and piers as the required biosecurity entry points. Owners, lessees and operators must notify the Department of Agriculture of changes to business operators, facilities or procedures that affect biosecurity, and vessels/goods must be brought to the designated entry points as soon as practicable (see ss5–9). It changes where and how biosecurity controls are exercised and who must report operational changes."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-norfolk-island-determination-2022","history":"/api/acts/biosecurity-first-point-of-entry-port-of-norfolk-island-determination-2022/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-norfolk-island-determination-2022/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-norfolk-island-determination-2022/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-norfolk-island-determination-2022/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-norfolk-island-determination-2022/documents"}}