{"id":"F2019L00801","name":"Biosecurity (First Point of Entry—Port of Port Latta) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-port-latta-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440119,"registerId":"F2019L00801-fast-fetch-1775955876697","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 Latta) 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 Latta) 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 Latta) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 Latta 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 Latta 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 Latta 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 Latta 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 Latta Ship Loading Facility Berth\n\n\nNote: A vessel that has arrived at Port of Port Latta 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 Latta 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 Latta Ship Loading Facility Berth\n\n\nNote: If a vessel has arrived at Port of Port Latta 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 Latta 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 Latta becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Latta; or\n\n (b) a biosecurity entry point at Port of Port Latta;\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 Latta becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Latta; or\n\n (b) a biosecurity entry point at Port of Port Latta;\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 Latta 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 Latta providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Port Latta;\n\n (b) a change to the facilities or amenities available at Port of Port Latta for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Port Latta;\n\n (c) a change to the procedures at Port of Port Latta that may affect the ability of a person who carries out operations at Port of Port Latta to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Port Latta 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 Latta;\n\n (e) a change to the procedures at Port of Port Latta 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 Latta.\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":3,"scope_assessment":{"changed":false,"description":"The instrument implements the Biosecurity Act by designating Port of Port Latta as a first point of entry for specified vessel and baggage classes and by imposing notification conditions. It does not purport to change the Act’s statutory definitions or extend biosecurity powers beyond those in the Act; it limits application to the specified port, berth and classes of vessel/goods."},"complexity_factors":["Delegated instrument under the Biosecurity Act 2015 (authority cited at s3) — requires reading with the Act.","Cross‑references to Act definitions and powers (definitions note, and references to sections 9, 147, 173, 174, 229, 246 in text and notes) increase legal cross‑reading.","Narrow substantive scope: only commercial vessels (excludes non‑commercial and passenger vessels) and baggage are covered (ss5–6).","Physical and operational specificity: designates a single physical berth as the biosecurity entry point (ss7–8).","Compliance and notification duties on multiple private parties (owners, lessees, persons operating at the port) to notify the Agriculture Department of changes (s9(2)–(4)).","Flexible timing standards used: obligations framed as ‘as soon as practicable’ and ‘reasonable notice’, leaving practical timing to judgement (notes to ss7–8; s9(4)).","Conditions list covers procedural and facility changes that could affect detection or management of biosecurity risks (s9(5)), which may require operational adjustments by port operators."],"plain_english_summary":"This instrument designates Port of Port Latta (specifically the Port Latta Ship Loading Facility Berth) as a biosecurity first point of entry for commercial vessels (excluding non‑commercial and passenger vessels) and for baggage carried on those vessels. It requires arriving vessels and goods to be brought to that berth and obliges owners, lessees and operators to notify the Department of Agriculture of changes to operators, procedures or facilities that could affect biosecurity risk. The Department enforces the designation and the notice obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was clearly intended to be a specific port designation instrument under section 229(1) of the Biosecurity Act 2015, and it remains precisely that — establishing Port Latta as a restricted first point of entry for cargo operations only, with associated reporting conditions. There is no evidence of scope creep or expansion beyond the original administrative purpose."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 4 definitions in section 4, plus references to Act definitions)","Simple conditional logic limited to exclusion lists (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","Straightforward tabular format for designating entry points","Single operational condition (notification requirements) with clear triggers"],"plain_english_summary":"The law designates the Port of Port Latta (and its Ship Loading Facility Berth) as an approved first Australian point of entry exclusively for cargo vessels, barring passenger ships and non‑commercial craft. It requires the port owner/operator to report changes to business, biosecurity procedures, facilities, or risk‑reporting arrangements to the Department of Agriculture. It affects shipping companies, port operators, biosecurity officials and importers by tightening control over entry and biosecurity management."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-port-latta-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-port-latta-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-port-latta-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-port-latta-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-port-latta-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-port-latta-determination-2019/documents"}}