{"id":"F2025L01536","name":"Biosecurity (First Point of Entry—Port of Point Wilson) Determination 2025","slug":"biosecurity-first-point-of-entry-port-of-point-wilson-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443076,"registerId":"F2025L01536-fast-fetch-1775957982822","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 Point Wilson) Determination 2025","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 Point Wilson) Determination 2025\n\nI, Josephine Laduzko, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 9 December 2025\n\nJosephine Laduzko\n\nAssistant Secretary, Biosecurity Operations Division  Department of Agriculture, Fisheries and Forestry\n\n \n\n \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\n \n\n1  Name\n\n  This instrument is the Biosecurity (First Point of Entry—Port of Point Wilson) Determination 2025.\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 The day after this instrument is registered. 12 December 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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; and\n\n (d) that is an enclosed 6‑sided structure.\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\nwaste means goods 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\n \n\n5  First point of entry—vessels\n\n  Port of Point Wilson 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 Point Wilson is a first point of entry for the following goods:\n\n (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;\n\n (b) freight containers;\n\n (c) waste.\n\nNote 1: Port of Point Wilson 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\n \n\n7  Biosecurity entry points—vessels\n\n  Each area of Port of Point Wilson 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. Point Wilson Wharf\n\n\nNote: A vessel that has arrived at Port of Point Wilson 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 Point Wilson 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 carried on a vessel other than a non‑commercial vessel or a passenger vessel;(b) freight containers;(c) waste. Point Wilson Wharf\n\n\nNote: If a vessel has arrived at Port of Point Wilson 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\n \n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Point Wilson 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 Point Wilson becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Point Wilson; or\n\n (b) a biosecurity entry point at Port of Point Wilson;\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 Point Wilson becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Point Wilson; or\n\n (b) a biosecurity entry point at Port of Point Wilson;\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 Point Wilson 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 Point Wilson providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Point Wilson;\n\n (b) a change to the facilities or amenities available at Port of Point Wilson for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Point Wilson;\n\n (c) a change to the procedures at Port of Point Wilson that may affect the ability of a person who carries out operations at Port of Point Wilson to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Point Wilson 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 Point Wilson;\n\n (e) a change to the procedures at Port of Point Wilson for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Point Wilson.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains a narrow, specific scope consistent with its original purpose under section 229(1) of the Biosecurity Act 2015. It designates a single port for specific vessel and goods classes without expanding into broader biosecurity policy or creating extensive regulatory frameworks beyond the port-specific operational requirements."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal cross-referencing—primarily references the parent Biosecurity Act 2015 and Biosecurity Regulation 2016 for definitions","Only 5 defined terms in the instrument itself (freight container, goods, non-commercial vessel, vessel, waste)","Simple conditional logic: two exclusion lists for vessels (non-commercial and passenger vessels excluded) and three inclusion categories for goods","Single biosecurity entry point designated (Point Wilson Wharf) with no alternative locations or complex routing rules","Notification conditions in section 9 are procedural but straightforward, requiring written notice of operational changes"],"plain_english_summary":"The legislation formally designates the Port of Point Wilson (Victoria) and its wharf as a first point of entry for certain international commercial cargo vessels and their baggage, 20/40‑foot shipping containers, and vessel waste — not for passenger or private boats. All listed arrivals must stop at Point Wilson Wharf for biosecurity inspection, and the port owner/operator must notify the Agriculture Department of changes to operators, procedures, facilities, or risk‑reporting. This centralises border checks to catch pests and diseases before they enter Australia."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs a targeted designation and attaches notification conditions for Port of Point Wilson; it does not expand or reduce the statutory powers in the Biosecurity Act itself but applies those powers to this specific port and its operators (see ss5–9 and s3)."},"complexity_factors":["Cross‑references to the Biosecurity Act 2015 and its sections for key concepts and duties (instrument made under s229(1) of the Act; notes refer to ss147, 173, 174, 246).","Dependency on defined terms and external definitions (see s4: Act, freight container, goods, non‑commercial vessel, vessel, waste), which means practical effect depends on Act/Regulation meanings.","Administrative discretion and delegation: instrument made by a delegate (front matter) under statutory power (s3 refers to s229(1)), so implementation relies on departmental exercise of powers.","Notification standards use imprecise timing language—\"as soon as practicable\" (s9(2),(3)) and \"reasonable notice\" (s9(4))—creating compliance judgment calls for owners/lessees/operators.","Multiple obligated parties and scenarios (owners, lessees, persons or bodies responsible for operations) increase compliance complexity for port operators (s9(2)–(5)).","Narrow, location‑specific scope (Port of Point Wilson and Point Wilson Wharf) limits regulatory breadth but concentrates obligations on local operators and the Agriculture Department."],"plain_english_summary":"This instrument designates Port of Point Wilson (Point Wilson Wharf) as a first point of entry for commercial vessels (excluding non‑commercial and passenger vessels) and for certain goods: baggage from such vessels, standard freight containers and waste. It also requires owners, lessees and operators to notify the Agriculture Department of changes to the business, procedures, facilities or amenities affecting biosecurity, and to give reasonable notice of proposed operational changes that may affect biosecurity risks."},"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-point-wilson-determination-2025","history":"/api/acts/biosecurity-first-point-of-entry-port-of-point-wilson-determination-2025/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-point-wilson-determination-2025/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-point-wilson-determination-2025/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-point-wilson-determination-2025/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-point-wilson-determination-2025/documents"}}