{"id":"F2019L00798","name":"Biosecurity (First Point of Entry—Port of Port Bonython) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-port-bonython-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440116,"registerId":"F2019L00798-fast-fetch-1775955874555","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 Bonython) 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 Bonython) 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 Bonython) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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\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 Port Bonython 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 Bonython is a first point of entry for the following:\n\n (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;\n\n (b) inorganic bulk goods.\n\nNote 1: Port of Port Bonython 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 Port Bonython 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 Port Bonython Wharf\n\n\nNote: A vessel that has arrived at Port of Port Bonython 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 Bonython 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) inorganic bulk goods Port Bonython Wharf\n\n\nNote 1: If a vessel has arrived at Port of Port Bonython 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\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Port Bonython 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 Bonython becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Bonython; or\n\n (b) a biosecurity entry point at Port of Port Bonython;\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 Bonython becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Bonython; or\n\n (b) a biosecurity entry point at Port of Port Bonython;\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 Bonython 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 Bonython providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Port Bonython;\n\n (b) a change to the facilities or amenities available at Port of Port Bonython for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Port Bonython;\n\n (c) a change to the procedures at Port of Port Bonython that may affect the ability of a person who carries out operations at Port of Port Bonython to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Port Bonython 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 Bonython;\n\n (e) a change to the procedures at Port of Port Bonython 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 Bonython.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"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 section 229(1) of that Act — designating a specific port as a first point of entry with appropriate limitations and conditions. There is no scope creep; it remains tightly focused on Port Bonython's specific circumstances as a bulk commodities port."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4 (Act, goods, inorganic bulk goods, non-commercial vessel, vessel)","Simple conditional logic: straightforward exclusions (non-commercial vessels and passenger vessels excluded)","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015 and Biosecurity Regulation 2016","Clear structure with descriptive headings and tables for biosecurity entry points","Single operational condition (notification requirements) in Part 4 with straightforward trigger events"],"plain_english_summary":"Port Bonython is formally designated as a first point of entry under Australia’s biosecurity laws, allowing specified international cargo ships and limited bulk inorganic cargo (minerals, chemicals, ores, gases) — plus their baggage — to enter and be cleared there. The port owner, operators and shipping companies must notify the agriculture department about changes affecting operations or biosecurity risk. This enables controlled international access while managing pest and disease risk."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument establishes (rather than broadens or narrows) the scope of first point of entry and biosecurity entry point designations for Port of Port Bonython and imposes notification conditions on owners, lessees and operators. It is made under the Biosecurity Act 2015 (subsection 229(1)) and does not itself amend the Act or other determinations; it sets site‑specific obligations and procedures within the Act's delegated power (see s 3 and ss 5–9)."},"complexity_factors":["Narrow, rule‑based scope: the determination applies to a limited list of vessel and goods classes rather than broad categories, reducing interpretive complexity (see ss 5–6, 7–8).","Designated physical point: a single named location (Port Bonython Wharf) is specified as the biosecurity entry point, simplifying compliance logistics but concentrating operational need at one site (ss 7–8).","Clear exclusions: non‑commercial vessels and passenger vessels are expressly excluded, so operators must check vessel status to know applicability (s 5 and definitions).","Procedural notification burden on private parties: owners and lessees must give written notice to the Agriculture Department when aware of changes to the business entity operating the port or entry point (s 9(2)–(3)); this creates an ongoing compliance obligation and a cost of information provision.","Operational notice obligation for operators: persons or bodies responsible for operations must give the Department reasonable written notice of proposed procedural or facility changes that could affect biosecurity risk (s 9(4)–(5)), creating lead‑time and administrative coordination requirements.","Delegated administrative authority: instrument made by a delegate under subsection 229(1) of the Biosecurity Act 2015, so practical implementation and any further determinations depend on departmental processes (s 3).","Cross‑references to the Act for enforcement timing and prohibited goods: obligations to bring vessels/goods to entry points 'as soon as practicable' and treatment of prohibited/conditionally non‑prohibited goods reference other Act sections, requiring users to consult the Act alongside this instrument (notes referencing ss 147, 173–174, 246)."],"plain_english_summary":"This determination designates the Port of Port Bonython as a first point of entry and specifies the Port Bonython Wharf as the biosecurity entry point for certain commercial vessels and for baggage and inorganic bulk goods. It excludes non‑commercial and passenger vessels. The instrument also requires owners, lessees and operators to notify the Agriculture Department about changes to operators, procedures or facilities that could affect biosecurity risk."},"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-port-bonython-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-port-bonython-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-port-bonython-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-port-bonython-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-port-bonython-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-port-bonython-determination-2019/documents"}}