{"id":"F2019L00794","name":"Biosecurity (First Point of Entry—Port of Port Alma) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-port-alma-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440110,"registerId":"F2019L00794-fast-fetch-1775955872355","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 Port Alma) 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 Port Alma) 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 Port Alma) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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; and0\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\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 (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 Port Alma 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 Port Alma is a first point of entry for goods other than the following:\n\n (a) live horses;\n\n (b) baggage carried on a non-commercial vessel or a passenger vessel.\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 Port Alma 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 The following areas:(a) Berth 1;(b) Berth 2;(c) Berth 3\n\n\nNote: A vessel that has arrived at Port of Port Alma 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 Port Alma 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) general goods;(b) waste The following areas:(a) Berth 1;(b) Berth 2;(c) Berth 3\n- 2 Freight containers The following areas:(a) Berth 1;(b) Berth 2\n\n\nNote 1: If a vessel has arrived at Port of Port Alma 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 Port Alma 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 Port Alma 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 Port Alma becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Alma; or\n\n (b) a biosecurity entry point at Port of Port Alma;\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 Port Alma becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Alma; or\n\n (b) a biosecurity entry point at Port of Port Alma;\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 Port Alma 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 Port Alma providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Port Alma;\n\n (b) a change to the facilities or amenities available at Port of Port Alma for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Port Alma;\n\n (c) a change to the procedures at Port of Port Alma that may affect the ability of a person who carries out operations at Port of Port Alma to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Port Alma 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 Port Alma;\n\n (e) a change to the procedures at Port of Port Alma for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Port Alma.\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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument, made under subsection 229(1) of the Biosecurity Act 2015 and commencing 16 June 2019, sets out designations and notification conditions as originally made. The text contains no amendment or repeal of the instrument itself, so its scope as made is unchanged."},"complexity_factors":["Narrow, geographically specific subject matter (single port and named berths) reduces complexity.","Multiple cross-references to the Biosecurity Act (see notes referencing sections 147, 173, 174, 229 and 246) create dependency on external statutory definitions and obligations.","Several defined terms (goods, general goods, freight container, vessel, waste, non‑commercial vessel) require readers to resolve classification before applying duties.","Exceptions and classes (e.g. exclusions for non‑commercial and passenger vessels; separate treatment of freight containers) add conditional rules.","Standards expressed in open-texture language—'as soon as practicable' and 'reasonable notice'—leave timing discretion and require administrative interpretation.","Mandatory notification duties on owners, lessees and operators impose operational compliance burden and coordination obligations with the Department.","Designations are set out by tabular items mapping classes to physical areas (berths), so compliance requires matching cargo/vessel class to location."],"plain_english_summary":"This Determination names Port of Port Alma as a first point of entry for most commercial vessels and most goods, and specifies which berths are designated as biosecurity entry points for those vessels and goods. It excludes non‑commercial and passenger vessels and certain items such as live horses and some baggage.\n\nIt requires port owners, lessees and operators to notify the Department of Agriculture of changes to entities, facilities, procedures or operations that could affect biosecurity risk. It affects port owners, cargo and ship operators and biosecurity officials."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard, narrow port-specific determination made under the Biosecurity Act 2015. It performs exactly the function intended by its enabling provision (section 229(1)) — designating a specific port as a first point of entry with appropriate conditions. There is no scope creep; it remains tightly focused on Port Alma's operational parameters."},"complexity_factors":["Short, focused instrument (9 sections total)","Only 5 defined terms in the interpretation section, all straightforward","Simple conditional logic (exclusions listed as 'other than' items)","Two straightforward tables mapping vessel/goods types to specific berths","Single condition in Part 4 requiring notification of operational changes","No nested exceptions or complex cross-referencing beyond basic references to the parent Biosecurity Act 2015"],"plain_english_summary":"This legislation designates the Port of Port Alma (Queensland) as a first point of entry for international vessels and goods, subject to biosecurity restrictions. Only commercial cargo vessels may use it; passenger or private boats are excluded. Allowed goods include general cargo, waste and containers (no live horses or personal passenger baggage). Vessels must use Berths 1–3, containers only at Berths 1–2. Port operators must notify the Agriculture Department of changes to operations, facilities or biosecurity processes."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-port-alma-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-port-alma-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-port-alma-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-port-alma-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-port-alma-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-port-alma-determination-2019/documents"}}