{"id":"F2019L00785","name":"Biosecurity (First Point of Entry–Port of Thevenard) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-thevenard-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440102,"registerId":"F2019L00785-fast-fetch-1775955868077","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 Thevenard) 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 Thevenard) 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 Thevenard) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Thevenard 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 Thevenard 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 Thevenard 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 Thevenard 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 Thevenard Wharf\n\n\nNote: A vessel that has arrived at Port of Thevenard 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 Thevenard 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 Thevenard Wharf\n\n\nNote: If a vessel has arrived at Port of Thevenard 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 Thevenard 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 Thevenard becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Thevenard; or\n\n (b) a biosecurity entry point at Port of Thevenard;\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 Thevenard becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Thevenard; or\n\n (b) a biosecurity entry point at Port of Thevenard;\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 Thevenard 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 Thevenard providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Thevenard;\n\n (b) a change to the facilities or amenities available at Port of Thevenard for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Thevenard;\n\n (c) a change to the procedures at Port of Thevenard that may affect the ability of a person who carries out operations at Port of Thevenard to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Thevenard 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 Thevenard;\n\n (e) a change to the procedures at Port of Thevenard for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Thevenard.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains a narrow, specific scope consistent with its original purpose: designating a single port (Thevenard) as a first point of entry for limited categories of vessels and goods, subject to notification conditions. There is no evidence of scope creep or expansion beyond the standard biosecurity port designation function."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 4 definitions in section 4, with most terms referencing the parent Act)","Simple conditional logic limited to straightforward exclusions ('vessels other than...')","No nested exceptions or complex cross-referencing beyond references to the Biosecurity Act 2015 and Biosecurity Regulation 2016","Clear tabular format for designating entry points","Single operational condition (notification requirements) with enumerated but non-technical sub-categories"],"plain_english_summary":"This instrument designates Port of Thevenard (specifically Thevenard Wharf) as an official first point of entry into Australia for cargo vessels and commercial goods, while excluding passenger and non-commercial vessels. Vessels must dock there and unload for biosecurity inspection.\n\nIt also requires the port owner/operator to notify the Department of Agriculture of changes to operators, biosecurity procedures, facilities, or risk‑reporting arrangements — affecting shipping firms, port operators, importers, and biosecurity officials."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements the delegate's power under s229(1) of the Biosecurity Act to designate a specified port and its wharf as a first point of entry and biosecurity entry point and to attach notification conditions (ss 3, 5–9). It does not amend the Act or expand its substantive reach; it confines the Act's application at Thevenard to the listed vessel classes and to baggage, and imposes procedural notification duties on owners/lessees/operators (s5–6, s7–9)."},"complexity_factors":["Targeted designations in tables mapping classes to locations (s5–8) — straightforward but requires cross-checking which vessels/goods are covered.","Cross-references to the Biosecurity Act definitions and powers (s3, s4; notes referencing ss 9, 147, 173, 174, 229, 246) — reading the instrument requires consulting the Act for full effect.","Exclusions for non‑commercial and passenger vessels and limitation of goods to baggage (s5–6) — narrows applicability but creates binary applicability rules.","Notification obligations placed on multiple actors (owners, lessees, persons/bodies operating operations) with standards of 'as soon as practicable' and 'reasonable notice' (s9(2)–(4)) — operational ambiguity creates compliance and timing uncertainty.","Operational dependencies (facilities, procedures, amenities) listed as conditional triggers for notification (s9(5)(a)–(e)) — imposes ongoing coordination between port operators and the Department."],"plain_english_summary":"Designates Port of Thevenard as a first point of entry for commercial vessels (excluding non‑commercial and passenger vessels) and for baggage carried on those vessels, and names Thevenard Wharf as the biosecurity entry point for those arrivals. It requires port owner(s), lessee(s) and people who run operations at the port to notify the Agriculture Department of changes to operators, procedures or facilities that could affect biosecurity. Affects vessel operators, port owners/lessees and biosecurity officials; centralises arrival/unloading to a specified location so officials can exercise powers 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"}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-thevenard-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-thevenard-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-thevenard-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-thevenard-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-thevenard-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-thevenard-determination-2019/documents"}}