{"id":"F2019L00809","name":"Biosecurity (First Point of Entry—Port of Port Walcott) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-port-walcott-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440126,"registerId":"F2019L00809-fast-fetch-1775955880909","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 Walcott) 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 Walcott) 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\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Port of Port Walcott) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Walcott 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 Walcott 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 Walcott 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 Walcott 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 The following areas:(a) Cape Lambert A Berth 1;(b) Cape Lambert A Berth 2;(c) Cape Lambert A Berth 3;(d) Cape Lambert A Berth 4;(e) Cape Lambert B Berth 5;(f) Cape Lambert B Berth 6;(g) Cape Lambert B Berth 7;(h) Cape Lambert B Berth 8\n\n\nNote: A vessel that has arrived at Port of Port Walcott 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 Walcott 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 The following areas:(a) Cape Lambert A Berth 1;(b) Cape Lambert A Berth 2;(c) Cape Lambert A Berth 3;(d) Cape Lambert A Berth 4;(e) Cape Lambert B Berth 5;(f) Cape Lambert B Berth 6;(g) Cape Lambert B Berth 7;(h) Cape Lambert B Berth 8\n\n\nNote: If a vessel has arrived at Port of Port Walcott 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 Walcott 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 Walcott becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Walcott; or\n\n (b) a biosecurity entry point at Port of Port Walcott;\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 Walcott becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Port Walcott; or\n\n (b) a biosecurity entry point at Port of Port Walcott;\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 Walcott 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 Walcott providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Port Walcott;\n\n (b) a change to the facilities or amenities available at Port of Port Walcott for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Port Walcott;\n\n (c) a change to the procedures at Port of Port Walcott that may affect the ability of a person who carries out operations at Port of Port Walcott to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Port Walcott 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 Walcott;\n\n (e) a change to the procedures at Port of Port Walcott 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 Walcott.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument applies the Biosecurity Act’s delegated power (s3: subsection 229(1)) to designate a specific port and its berths as a first point of entry and biosecurity entry points (ss5–8) and to impose notification conditions (s9). It does not change statutory definitions or create new classes beyond those set out in the Act; it narrows application to particular vessel classes and baggage at specified berths rather than expanding the Act’s substantive scope."},"complexity_factors":["Designation mechanics: specifies first point of entry for vessels (s5) and for baggage (s6) rather than all goods, creating a limited scope to apply (requires reading s5–s6 together).","Spatial specificity: lists eight named berths at Cape Lambert as the only biosecurity entry points for the port (s7–s8), requiring precise operational mapping.","Exclusions: explicitly excludes non‑commercial vessels and passenger vessels from these designations (s5–s6), creating class-based application rules.","Notification and timing obligations: owners and lessees must give written notice to the Agriculture Department as soon as practicable if they become aware of changes (s9(2)–(3)); operators must give reasonable notice of proposed procedural/facility changes (s9(4)–(5)).","Cross‑references to the Act: multiple references to provisions of the Biosecurity Act for definitions and related duties (s3 authority; definitions note; notes citing ss147, 173, 174, 246), increasing interpretive work to confirm operational effects.","Who bears compliance costs: owners, lessees and on‑site operators carry notification and procedural-change burdens (s9), and masters/operators must bring vessels/goods to designated entry points as soon as practicable (notes citing ss147 and 246).","Administrative discretion: the instrument exercises delegated power under subsection 229(1) of the Act (s3), so implementation relies on administrative processes and interaction with departmental practice."],"plain_english_summary":"This determination designates the Port of Port Walcott as a ‘first point of entry’ for most commercial vessels and for baggage carried on those vessels, names the specific berths at Cape Lambert as biosecurity entry points, and imposes written notification duties on owners, lessees and operators about changes to port operations or facilities. It affects shipowners, port owners/lessees and operators because it triggers biosecurity arrival and unloading procedures and ongoing reporting obligations under the Biosecurity Act."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"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 Walcott as a first point of entry for limited vessel and goods categories with associated 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 explicit definitions in section 4, plus references to Act definitions)","Simple conditional logic (exclusions limited to two vessel types: non-commercial and passenger vessels)","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015","Straightforward tabular format for listing specific berths (8 designated areas)","Single operational condition (notification requirements in section 9) with clear trigger events"],"plain_english_summary":"This instrument designates Port of Port Walcott (Cape Lambert berths 1–8) as a first point of entry for specified cargo vessels and only permits baggage from those vessels to enter there; passenger ships and non‑commercial vessels are excluded.  \n\nIt also requires port owners, lessees and operators to notify the Department of Agriculture of changes to operators, biosecurity procedures, facilities or reporting arrangements—ensuring biosecurity oversight to protect Australia’s agriculture and environment while enabling specified cargo trade."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-port-walcott-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-port-walcott-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-port-walcott-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-port-walcott-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-port-walcott-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-port-walcott-determination-2019/documents"}}