{"id":"F2019L00812","name":"Biosecurity (First Point of Entry—Port of Port Giles) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-port-giles-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440129,"registerId":"F2019L00812-fast-fetch-1775955880954","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 Giles) 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 Giles) 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\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 Giles) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nnon‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\nPart 2—First point of entry\n\n5  First point of entry—vessels\n\n  Port of Port Giles 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 Giles is a first point of entry for baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel.\n\nNote 1: Port of Port Giles 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  Each area of Port of Port Giles 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 Giles Wharf\n\n\nNote: A vessel that has arrived at Port of Port Giles 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 Giles 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 Baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel Port Giles Wharf\n\n\nNote: If a vessel has arrived at Port of Port Giles 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 Port Giles 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 Giles becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Giles; or\n\n (b) a biosecurity entry point at Port of Port Giles;\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 Giles becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Giles; or\n\n (b) a biosecurity entry point at Port of Port Giles;\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 Giles 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 Giles providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Port Giles;\n\n (b) a change to the facilities or amenities available at Port of Port Giles for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Port Giles;\n\n (c) a change to the procedures at Port of Port Giles that may affect the ability of a person who carries out operations at Port of Port Giles to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Port Giles 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 Giles;\n\n (e) a change to the procedures at Port of Port Giles 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 Giles.\n\n \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"},"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 serves exactly its intended purpose: designating a specific port as a first point of entry for limited categories of vessels and goods, with standard notification conditions. There is no scope creep or expansion beyond the original legislative intent."},"complexity_factors":["Very short instrument (9 sections total)","Only 4 defined terms, all referencing external legislation","Simple structure with clear Parts and straightforward conditional logic (vessels 'other than' specified exclusions)","No nested exceptions or complex cross-referencing beyond basic references to the parent Biosecurity Act 2015","Tables used for clarity rather than complexity","Single operational location (Port Giles Wharf) with uniform treatment"],"plain_english_summary":"This instrument designates Port Giles (specifically Port Giles Wharf) as a first point of entry under Australia’s biosecurity laws, allowing international cargo vessels (not passenger or private boats) and their baggage to arrive and be processed there. It affects ship operators, the port’s owners/operators, biosecurity officials, and importers using the port.\n\nThe designation lets authorities inspect vessels and goods at a controlled location and requires the port’s operators to notify the Agriculture Department of operational or biosecurity-related changes to manage pest and disease risk."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument applies the Biosecurity Act's power to designate a first point of entry and to set conditions for that designation. It confines its effect to Port of Port Giles and specifies notification and procedural-change obligations; it does not expand the Act's statutory reach or add new classes of regulated goods or vessels beyond those identified."},"complexity_factors":["Narrow, concrete subject matter: single port and specific vessel/goods classes reduce legal breadth.","Multiple private actors (owners, lessees, operators) carry notification duties, creating coordination complexity.","Use of imprecise timing standards ('as soon as practicable', 'reasonable notice') introduces administrative discretion and compliance uncertainty.","Cross-references to the Biosecurity Act 2015 for definitions and related obligations require consultation of primary legislation to fully understand effects.","Operational detail is low; enforcement and practical effect depend on implementation by the Department and port operators."],"plain_english_summary":"This instrument designates Port of Port Giles (Port Giles Wharf) as a biosecurity first point of entry for most commercial vessels and for baggage carried on those vessels, and identifies the wharf area as the biosecurity entry point. Owners, lessees and operators must notify the Department of Agriculture of changes to the business operating the port or to procedures or facilities that affect biosecurity, and must give reasonable or as‑soon‑as‑practicable notice; those private parties therefore bear the compliance and reporting costs and operational timing requirements."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-port-giles-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-port-giles-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-port-giles-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-port-giles-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-port-giles-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-port-giles-determination-2019/documents"}}