{"id":"F2019L00805","name":"Biosecurity (First Point of Entry—Port of Port Botany) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-port-botany-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440123,"registerId":"F2019L00805-fast-fetch-1775955878810","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 Botany) 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 Botany) 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\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Port of Port Botany) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 Botany 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 Botany is a first point of entry for goods other than 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 Botany 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) Brotherson Dock Berth 6;(b) Brotherson Dock Berth 7;(c) Brotherson Dock Berth 8;(d) Brotherson Dock Berth 9;(e) Brotherson Dock Berth 10;(f) Brotherson Dock Berth 11;(g) Brotherson Dock Berth 12;(h) Bulk Liquids Berth1;(i) Bulk Liquids Berth 2;(j) Hayes Dock Berth 1;(k) Hayes Dock Berth 2;(l) Hayes Dock Berth 3;(m) Hayes Dock Berth 4;(n) Kurnell 1;(o) Kurnell 2;(p) Kurnell 3\n\n\nNote: A vessel that has arrived at Port of Port Botany 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 Botany 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) freight containers; (b) general goods The following areas:(a) Brotherson Dock Berth 6;(b) Brotherson Dock Berth 7;(c) Brotherson Dock Berth 8;(d) Brotherson Dock Berth 9;(e) Brotherson Dock Berth 10;(f) Brotherson Dock Berth 11;(g) Brotherson Dock Berth 12;(h) Hayes Dock Berth 1;(i) Hayes Dock Berth 2;(j) Hayes Dock Berth 3;(k) Hayes Dock Berth 4\n- 2 Inorganic bulk goods The following areas:(a) Brotherson Dock Berth 6;(b) Brotherson Dock Berth 7;(c) Brotherson Dock Berth 8;(d) Brotherson Dock Berth 9;(e) Brotherson Dock Berth 10;(f) Brotherson Dock Berth 11;(g) Brotherson Dock Berth 12;(h) Bulk Liquids Berth1;(i) Bulk Liquids Berth 2;(j) Hayes Dock Berth 1;(k) Hayes Dock Berth 2;(l) Hayes Dock Berth 3;(m) Hayes Dock Berth 4;(n) Kurnell 1;(o) Kurnell 2;(p) Kurnell 3\n- 3 Live horses The following areas:(a) Brotherson Dock Berth 6;(b) Brotherson Dock Berth 7;(c) Brotherson Dock Berth 8;(d) Brotherson Dock Berth 9;(e) Brotherson Dock Berth 10;(f) Brotherson Dock Berth 11;(g) Brotherson Dock Berth 12\n- 4 Waste The following areas:(a) Brotherson Dock Berth 6;(b) Brotherson Dock Berth 7;(c) Brotherson Dock Berth 8;(d) Brotherson Dock Berth 9;(e) Brotherson Dock Berth 10;(f) Brotherson Dock Berth 11;(g) Brotherson Dock Berth 12;(h) Bulk Liquids Berth1;(i) Bulk Liquids Berth 2;(j) Hayes Dock Berth 1;(k) Hayes Dock Berth 2;(l) Hayes Dock Berth 3;(m) Hayes Dock Berth 4;(n) Kurnell 1;(o) Kurnell 2\n\n\nNote 1: If a vessel has arrived at Port of Port Botany 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 Botany 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 Botany 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 Botany becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Botany; or\n\n (b) a biosecurity entry point at Port of Port Botany;\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 Botany becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Botany; or\n\n (b) a biosecurity entry point at Port of Port Botany;\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 Botany 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 Botany providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Port Botany;\n\n (b) a change to the facilities or amenities available at Port of Port Botany for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Port Botany;\n\n (c) a change to the procedures at Port of Port Botany that may affect the ability of a person who carries out operations at Port of Port Botany to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Port Botany 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 Botany;\n\n (e) a change to the procedures at Port of Port Botany 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 Botany.\n\n \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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument stays within the Biosecurity Act's delegated power to designate first points of entry and to name specific biosecurity entry points. It applies that power narrowly to Port of Port Botany and specifies berths and notification conditions; it does not expand the Act's substantive reach or add new categories of regulated activity beyond designating locations and imposing notification duties."},"complexity_factors":["8 defined terms explicitly set in the instrument (Act, freight container, general goods, goods, inorganic bulk goods, non‑commercial vessel, vessel, waste)","Multiple cross‑references to the Biosecurity Act 2015 and Biosecurity Regulation 2016 (including sections 9, 19, 147, 173, 174, 229 and 246)","Two tabular schedules designating specific berths/areas for multiple classes of vessels and goods (repetitive lists of 15–16 berth items)","Conditional notification obligations with varying actors (owner(s), lessee(s), person/body responsible for operations) and different timing standards (\"as soon as practicable\" and \"reasonable notice\")","A short list of five types of operational changes that trigger pre‑notification (nested in section 9(5))","Reliance on external definitions and enforcement provisions in the Biosecurity Act increases interpretive complexity"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Designates the Port of Port Botany as a \"first point of entry\" for most commercial vessels and for most goods arriving into Australia (see sections 5–6). \"First point of entry\" means the port is formally the place where biosecurity checks and related legal rules apply on arrival.\n\n- Specifies particular berths/areas at Port Bot Botany as \"biosecurity entry points\" for particular classes of vessels and goods (see sections 7–8). For example, a set of Brotherson and Hayes berths, two Bulk Liquids berths, and three Kurnell berths are listed; certain berths are designated for freight containers, general goods, inorganic bulk goods, live horses and waste.\n\n- Imposes notification conditions on the owner(s) and lessee(s) of Port Botany and on the person or body responsible for port operations. They must notify the Agriculture Department in writing when there is (or will be) a change in the business entity operating the port or a biosecurity entry point, and must give \"reasonable notice\" of proposed changes to procedures or facilities that affect biosecurity risk management (see section 9).\n\n- Relies on the Biosecurity Act 2015 for legal authority and on other Act provisions for operational consequences (see section 3 and the notes referencing sections 147, 173, 174 and 246 of the Act).\n\nWho is affected\n\n- Port operator(s), port owner(s) and any lessee(s) at Port of Port Botany: they must notify the Department of Agriculture about changes in operators and about proposed operational changes affecting biosecurity (section 9).\n\n- Masters and persons in charge of vessels and cargo arriving at Port Botany: commercial vessels (not non‑commercial or passenger vessels) must use Port Botany as a first point of entry (section 5) and must be brought to the designated biosecurity entry point for that vessel as soon as practicable after arrival (note and cross‑reference to section 246 of the Act).\n\n- Importers, freight handlers and stevedores dealing with specified goods (freight containers, general goods, inorganic bulk goods, live horses, waste) must ensure those goods are taken to the designated biosecurity entry points on unloading (section 8 and cross‑reference to section 147 of the Act).\n\nWhy it matters / practical effects and administrative trade‑offs\n\n- Concentrates where biosecurity officials carry out inspections and where authorities can exercise powers. That centralisation helps the Department of Agriculture locate staff and equipment and apply standardized checks (sections 7–8), but it also requires port operators to maintain access and amenities for those officials (section 9(5)(b)).\n\n- Creates operational constraints for shipping and cargo handling: certain berths are required for arriving vessels or specific cargo types. This can affect scheduling, berth allocation, and onsite logistics for port users (sections 7–8).\n\n- Imposes information‑flow obligations on owners/lessees/operators. Those parties bear the compliance cost of notifying the Department when business arrangements or relevant procedures change (section 9(2)–(4)). The instrument uses phrasing such as \"as soon as practicable\" and \"reasonable notice,\" which leaves timing standards open to administrative interpretation and could create uncertainty about exact deadlines (section 9).\n\n- Leaves enforcement powers, definitions and some practical details to the Biosecurity Act 2015 (see section 3 and the instrument’s notes). This means how obligations are enforced, and what penalties or powers apply, depend on the Act’s provisions and any further determinations under it.\n\nCosts, incentives and risks (concrete mechanisms)\n\n- Who pays: port owners/lessees/operators absorb costs of notifying the Department, maintaining facilities/amenities for biosecurity officials, and adjusting procedures. Shipping lines and cargo handlers may face indirect costs through restricted berth access or scheduling changes when biosecurity entry points are used. The determination itself does not specify fees; any inspection charges would come from Act regulations or departmental policy.\n\n- Who decides: the designation is made by a delegate of the Director of Biosecurity under the Biosecurity Act (section 3). The Agriculture Department receives notifications and is the administrative contact for changes (section 9).\n\n- Behaviour changes required: vessels and goods subject to biosecurity control must be brought to the listed biosecurity entry points as soon as practicable on arrival or unloading (sections 7–8, and notes cross‑referencing sections 147 and 246 of the Act). Port operators must communicate changes to operations and provide reasonable notice of proposed procedural/facility changes (section 9).\n\nImplementation risks and trade‑offs\n\n- Vague timing standards (\"as soon as practicable\", \"reasonable notice\") create discretion for administrators and uncertainty for industry (section 9 and the notes). That increases reliance on departmental guidance and potential disputes about compliance timing.\n\n- Cross‑referencing to the Biosecurity Act for key consequences (e.g. prohibited goods, powers on arrival) means the real-world effect depends on how those Act provisions are applied and enforced (notes to sections 6 and 8; section 3).\n\n- The designation narrows the physical points where inspections occur, which may be efficient for inspection resources but can impose logistical costs on supply chains and concentrate operational disruption if a designated berth is unavailable.\n\nSummary statement\n\nThis Determination names Port of Port Botany as a formal first point of entry for most commercial vessels and most goods, lists the berths at the port that must be used as biosecurity entry points for particular vessels and classes of goods, and requires owners/lessees/operators to notify the Agriculture Department of changes that could affect biosecurity risk management. The instrument clarifies where biosecurity checks and duties apply, while leaving enforcement, penalties and some operational detail to the Biosecurity Act and departmental practice (see sections 3, 5–9 and the notes referencing sections 147, 173, 174 and 246 of the Act)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing Port Botany as a first point of entry under the Biosecurity Act 2015 and specifying where vessels and goods must go for biosecurity processing. The scope has not expanded beyond this administrative designation function."},"complexity_factors":["Straightforward structure with only 4 parts and 9 sections","Minimal cross-referencing—primarily refers to the parent Biosecurity Act 2015 for definitions","6 defined terms in the instrument itself, mostly clarifying cargo categories (freight containers, general goods, inorganic bulk goods, waste)","Simple conditional logic: Port Botany IS a first point of entry EXCEPT for specific vessel types (non-commercial and passenger vessels)","Tabular format for biosecurity entry points makes the berth allocations clear but repetitive across vessel/goods types","No nested exceptions or complex temporal provisions","Single substantive condition (section 9) requiring notification of operational changes"],"plain_english_summary":"This determination designates Port Botany as the official first point of entry for most commercial vessels and cargo arriving in Australia, prescribing specific docks and berths for different cargo and vessel types so biosecurity inspections can be concentrated and effective. It excludes private non‑commercial boats and passenger cruise ships.\n\nPort owners and operators must notify the Agriculture Department of operational changes that could affect biosecurity risk."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-port-botany-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-port-botany-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-port-botany-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-port-botany-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-port-botany-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-port-botany-determination-2019/documents"}}