{"id":"F2019L01557","name":"Biosecurity (First Point of Entry—Port of Port Hedland) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-port-hedland-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440319,"registerId":"F2019L01557-fast-fetch-1775955996720","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 Hedland) 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 Hedland) Determination 2019\n\nI, Leanne Herrick, as delegate of the Director of Biosecurity, make the following determination.\n\nDated 29 November 2019\n\nLeanne Herrick\n\nActing Assistant 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 Hedland) 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16 December 2019. 16 December 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Hedland is a first point of entry for vessels other than non‑commercial vessels.\n\n6  First point of entry—goods\n\n  Port of Port Hedland 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) freight containers;\n\n (c) general goods;\n\n (d) inorganic bulk goods;\n\n (e) waste.\n\nNote 1: Port of Port Hedland 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 Hedland 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 non‑commercial vessels The following areas:(a) East Berth 1;(b) East Berth 2;(c) East Berth 3\n- 2 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels The following areas:(a) Anderson Point 1;(b) Anderson Point 2;(c) Anderson Point 3;(d) Anderson Point 4;(e) Anderson Point 5;(f) Finucane Island A;(g) Finucane Island B;(h) Finucane Island C;(i) Finucane Island D;(j) Nelson Point A;(k) Nelson Point B;(l) Nelson Point C;(m) Nelson Point D;(n) Stanley Point 1;(o) Stanley Point 2;(p) Utah Point Berth 4\n\n\nNote: A vessel that has arrived at Port of Port Hedland 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 Hedland 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) inorganic bulk goods;(c) general goods;(d) waste The following areas:(a) East Berth 1;(b) East Berth 2;(c) East Berth 3\n- 2 Baggage carried on a vessel other than a non-commercial vessel or a passenger vessel The following areas:(a) East Berth 1;(b) East Berth 2;(c) East Berth 3;(d) Anderson Point 1;(e) Anderson Point 2;(f) Anderson Point 3;(g) Anderson Point 4;(h) Anderson Point 5;(i) Finucane Island A;(j) Finucane Island B;(k) Finucane Island C;(l) Finucane Island D;(m) Nelson Point A;(n) Nelson Point B;(o) Nelson Point C;(p) Nelson Point D;(q) Stanley Point 1;(r) Stanley Point 2;(s) Utah Point Berth 4\n\n\nNote: If a vessel has arrived at Port of Port Hedland 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 Hedland 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 Hedland becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Hedland; or\n\n (b) a biosecurity entry point at Port of Port Hedland;\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 Hedland becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Hedland; or\n\n (b) a biosecurity entry point at Port of Port Hedland;\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 Hedland 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 Hedland providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Port Hedland;\n\n (b) a change to the facilities or amenities available at Port of Port Hedland for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Port Hedland;\n\n (c) a change to the procedures at Port of Port Hedland that may affect the ability of a person who carries out operations at Port of Port Hedland to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Port Hedland 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 Hedland;\n\n (e) a change to the procedures at Port of Port Hedland 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 Hedland.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing Port Hedland as a first point of entry with specific entry points and notification conditions. No scope creep detected."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal cross-referencing: only references to the Biosecurity Act 2015 and Biosecurity Regulation 2016 for defined terms","Straightforward structure: preliminary provisions, first point of entry declarations, biosecurity entry point tables, and simple notification conditions","Limited defined terms: 6 specific definitions plus incorporation of Act definitions","Simple conditional logic: primarily 'if X then notify Y' structure in Part 4","Tabular presentation for entry points makes information accessible rather than buried in dense text"],"plain_english_summary":"This determination designates Port Hedland as a first point of entry for international vessels and goods, sets which commercial ships and types of cargo may lawfully arrive, and identifies the port berths and anchorages where arrivals must dock. It also requires port owners/operators to notify the Agriculture Department of operational changes that could affect biosecurity risk.\n\nIt affects shipping companies, port operators, importers, and biosecurity officers, ensuring inspections and protections against pests, diseases, and weeds at a major export port."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument designates Port of Port Hedland and specific on‑site areas as a first point of entry and biosecurity entry points and imposes notification conditions. The text does not indicate it amends or contracts the statutory scope of the Biosecurity Act itself or prior determinations; it implements the Act’s appointment powers for this particular port."},"complexity_factors":["Relies on defined terms and cross‑references to the Biosecurity Act (instrument s4 and embedded notes referencing ss9, 19, 147, 173‑174, 229, 246), creating interpretive dependencies.","Detailed mapping of vessel and goods classes to multiple named berths/areas (Parts 2–3) requires precise operational alignment by port operators.","Notification and timing obligations in s9 use variable standards ('as soon as practicable', 'reasonable notice'), introducing administrative discretion and practical ambiguity.","Exclusions for non‑commercial and passenger vessels require classification on arrival and affect which obligations apply.","Administrative commencement details and condition clauses impose ongoing compliance and record‑keeping burdens on owners, lessees and operators."],"plain_english_summary":"**This determination designates the Port of Port Hedland as a ‘first point of entry’ under the Biosecurity Act for most commercial vessels and specified classes of goods, and specifies which berths and areas at the port are the required biosecurity entry points.**\n\nOwners, lessees and operators must notify the Department of Agriculture of changes to the operating entity, facilities or biosecurity procedures and give reasonable notice of proposed changes, placing notification and operational‑compliance duties on port stakeholders (see s9)."},"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-hedland-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-port-hedland-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-port-hedland-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-port-hedland-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-port-hedland-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-port-hedland-determination-2019/documents"}}