{"id":"F2019L00795","name":"Biosecurity (First Point of Entry—Port of Port Kennedy) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-port-kennedy-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440113,"registerId":"F2019L00795-fast-fetch-1775955872357","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 Kennedy) 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 Kennedy) 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 Kennedy) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nnon‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\nnon‑commercial vessel waste means waste carried on a non‑commercial vessel.\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 Kennedy is a first point of entry for vessels generally.\n\n6  First point of entry—goods\n\n  Port of Port Kennedy is a first point of entry for the following:\n\n (a) baggage carried on a vessel other than a passenger vessel;\n\n (b) non‑commercial vessel waste.\n\nNote 1: Port of Port Kennedy 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 Kennedy 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 Non-commercial vessels The following areas:(a) Inner Harbour Anchorage Adjacent Main Wharf;(b) Small Vessel Anchorage Point, Horn Island\n- 2 Passenger vessels The following areas:(a) Brisbane Rock Anchorage;(b) Inner Harbour Anchorage Adjacent Main Wharf;(c) Normanby Sound Anchorage\n- 3 Vessels other than passenger vessels Main Wharf, Thursday Island\n- 4 Vessels other than the following:(a) non‑commercial vessels;(b) passenger vessels Cargo Wharf, Horn Island\n\n\nNote: A vessel that has arrived at Port of Port Kennedy 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 Kennedy 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) non‑commercial vessel baggage;(b) non-commercial vessel waste The following areas:(a) Inner Harbour Anchorage Adjacent Main Wharf;(b) Main Wharf, Thursday Island(c) Small Vessel Anchorage Point, Horn Island\n\n\nNote 1: If a vessel has arrived at Port of Port Kennedy 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 Kennedy 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 Kennedy 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 Kennedy becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Kennedy; or\n\n (b) a biosecurity entry point at Port of Port Kennedy;\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 Kennedy becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Kennedy; or\n\n (b) a biosecurity entry point at Port of Port Kennedy;\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 Kennedy 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 Kennedy providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Port Kennedy;\n\n (b) a change to the facilities or amenities available at Port of Port Kennedy for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Port Kennedy;\n\n (c) a change to the procedures at Port of Port Kennedy that may affect the ability of a person who carries out operations at Port of Port Kennedy to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Port Kennedy 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 Kennedy;\n\n (e) a change to the procedures at Port of Port Kennedy 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 Kennedy.\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":4,"scope_assessment":{"changed":true,"description":"This determination adds Port of Port Kennedy to the set of locations treated under the Biosecurity Act by designating it as a first point of entry (ss.5–6), specifying precise biosecurity entry points for classes of vessels and goods (ss.7–8), and imposing notification conditions on owners/lessees/operators (s.9). In doing so it expands the Act’s applied geography and operational obligations to the Port of Port Kennedy."},"complexity_factors":["Designation of Port of Port Kennedy as a first point of entry for vessels generally and for limited classes of goods (ss.5–6)","Multiple, geographically specific biosecurity entry points tied to vessel classes and goods (ss.7–8) increasing operational detail","Cross‑references and interaction with the Biosecurity Act (notably ss.147, 173, 174, 229, 246 referenced in notes), requiring coordination with existing statutory duties","Notification and procedural conditions placed on owners, lessees and operators with timing standards stated as ‘as soon as practicable’ and ‘reasonable notice’ (s.9), introducing interpretive discretion","Conditional exclusions and notes that limit the instrument’s scope for other goods (Notes to ss.6 and 8)","Multiple affected parties (owners, lessees, vessel masters, operators, biosecurity officials) creating shared compliance responsibilities"],"plain_english_summary":"This instrument designates the Port of Port Kennedy as a legal first point of entry for vessels and for certain goods (baggage on non‑passenger vessels and non‑commercial vessel waste), and it names specific wharves and anchorages as biosecurity entry points. It also requires owners, lessees and operators to notify the Agriculture Department of changes to operators, procedures or facilities that affect biosecurity risk. The designation triggers statutory duties about where vessels and goods must be brought and how biosecurity risks are managed."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard, narrow administrative determination made under the Biosecurity Act 2015. It serves exactly its intended purpose: designating a specific remote port as a first point of entry with appropriate conditions. There is no evidence of scope creep — the instrument remains tightly focused on Port of Port Kennedy's operational requirements and notification obligations."},"complexity_factors":["Short instrument (9 sections total)","Simple structure with clear Parts (Preliminary, First point of entry, Biosecurity entry points, Conditions)","Minimal defined terms (only 5 specific definitions in section 4, plus references to Act definitions)","Straightforward conditional logic — mainly 'if X then Y' notification requirements in section 9","Tabular format for entry points makes vessel/goods classification easy to follow","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015","Single purpose instrument with narrow geographic and functional scope"],"plain_english_summary":"This instrument declares Port of Port Kennedy a regulated “first point of entry” for international vessels and limited goods, allowing it to be used under Australia’s biosecurity laws. It requires vessels to use designated berths based on type and restricts entries to narrow categories (e.g., certain baggage and vessel waste).\n\nPort owners, lessees, and operators must notify the Agriculture Department of changes to management, facilities, procedures, or risk controls. It affects ship operators, port administrators, and Torres Strait biosecurity officials."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-port-kennedy-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-port-kennedy-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-port-kennedy-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-port-kennedy-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-port-kennedy-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-port-kennedy-determination-2019/documents"}}