{"id":"F2019L00806","name":"Biosecurity (First Point of Entry—Port of Port Lincoln) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-port-lincoln-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440124,"registerId":"F2019L00806-fast-fetch-1775955878812","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 Lincoln) 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 Lincoln) 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 Lincoln) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 Lincoln 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 Lincoln 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) inorganic bulk goods;\n\n (c) waste.\n\nNote 1: Port of Port Lincoln 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 Lincoln 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 Kirton Point Jetty Berth 11\n- 2 Vessels other than non-commercial vessels The following areas:(a) Port Lincoln Berth 4; (b) Port Lincoln Berth 5;(c) Port Lincoln Berth 6\n\n\nNote: A vessel that has arrived at Port of Port Lincoln 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 Lincoln 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 Inorganic bulk goods The following areas:(a) Kirton Point Jetty Berth 11;(b) Port Lincoln Berth 6\n- 2 Waste The following areas:(a) Kirton Point Jetty Berth 11;(b) Port Lincoln Berth 4; (c) Port Lincoln Berth 5;(d) Port Lincoln Berth 6\n\n\nNote 1: If a vessel has arrived at Port of Port Lincoln 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 Lincoln 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 Lincoln 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 Lincoln becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Lincoln; or\n\n (b) a biosecurity entry point at Port of Port Lincoln;\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 Lincoln becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Lincoln; or\n\n (b) a biosecurity entry point at Port of Port Lincoln;\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 Lincoln 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 Lincoln providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Port Lincoln;\n\n (b) a change to the facilities or amenities available at Port of Port Lincoln for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Port Lincoln;\n\n (c) a change to the procedures at Port of Port Lincoln that may affect the ability of a person who carries out operations at Port of Port Lincoln to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Port Lincoln 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 Lincoln;\n\n (e) a change to the procedures at Port of Port Lincoln 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 Lincoln.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was always intended to be a port-specific determination designating Port Lincoln as a first point of entry for limited categories of vessels and goods, and it remains precisely that. No expansion beyond the original purpose is evident."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 5 definitions in section 4, plus references to Act definitions","Simple conditional structure: straightforward tables mapping vessel/goods types to specific berth numbers","Limited cross-referencing: only references to Biosecurity Act 2015 and Biosecurity Regulation 2016 for context","No nested exceptions or complex logical operators","Clear scope: single port, specific goods categories, explicit exclusions"],"plain_english_summary":"This rule officially designates Port Lincoln as a permitted first point of entry for specified commercial vessels carrying limited types of cargo (inorganic bulk goods, certain ship baggage, and waste), subject to use of particular berths and notification conditions for port owners/operators. It affects ship operators, Port Lincoln’s owners/lessees, and biosecurity authorities, enabling limited international arrivals while maintaining Australia’s biosecurity controls."},"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 establishes first point of entry and biosecurity entry point designations for Port of Port Lincoln and attaches notification conditions under s9. The text contains no statement that it alters or narrows a prior determination or the statutory scope in the Biosecurity Act; it operates within the authority granted by s229 of the Act."},"complexity_factors":["Cross-references to the Biosecurity Act 2015 for definitions and duties (instrument made under s229; references to s9, s19, s147, s173, s174, s246)—requires consulting primary Act to understand full legal effect","Classification-based rules: different rules apply for classes of vessels (non‑commercial, passenger, other) and classes of goods (inorganic bulk goods, waste, specified baggage) (ss5–6, 7–8)","Precise geographic mapping: designation of specific berths as biosecurity entry points creates operational constraints tied to physical infrastructure (ss7–8)","Notification and procedural conditions: obligations on owner/lessee and operators to give written notice of business, procedural or facility changes that may affect biosecurity (s9(2)–(5))","Operational timing obligations implied by Act references: vessels/goods must be brought to designated entry points \"as soon as practicable\" (note references to ss147 and 246) — creates compliance timing risk","Limited exceptions and notes: the instrument expressly excludes other goods and references other Act provisions, increasing the need to check multiple sources for applicability"],"plain_english_summary":"This Determination makes Port of Port Lincoln a designated first point of entry for vessels (except non‑commercial vessels) and for certain goods—specified baggage, inorganic bulk goods, and waste. It names particular berths (Kirton Point Jetty Berth 11 and Port Lincoln Berths 4–6) as the biosecurity entry points where those vessels and goods must be brought for inspection.\n\nIt affects vessel operators, cargo handlers, the port owner/lessee and bodies running port operations by requiring use of those berths and imposing written-notice obligations to the Agriculture Department when operators, procedures or facilities that affect biosecurity change (see s9)."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-port-lincoln-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-port-lincoln-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-port-lincoln-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-port-lincoln-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-port-lincoln-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-port-lincoln-determination-2019/documents"}}