{"id":"F2019L00793","name":"Biosecurity (First Point of Entry—Port of Wallaroo) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-wallaroo-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440112,"registerId":"F2019L00793-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 Wallaroo) 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 Wallaroo) 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 Wallaroo) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Wallaroo is a first point of entry for vessels other than non‑commercial vessels.\n\n6  First point of entry—goods\n\n  Port of Wallaroo 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 Wallaroo 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 Wallaroo 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 non‑commercial vessels Wallaroo Wharf\n\n\nNote: A vessel that has arrived at Port of Wallaroo 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 Wallaroo 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 Wallaroo Wharf\n\n\nNote: If a vessel has arrived at Port of Wallaroo 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 Wallaroo 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 Wallaroo becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Wallaroo; or\n\n (b) a biosecurity entry point at Port of Wallaroo;\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 Wallaroo becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Wallaroo; or\n\n (b) a biosecurity entry point at Port of Wallaroo;\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 Wallaroo 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 Wallaroo providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Wallaroo;\n\n (b) a change to the facilities or amenities available at Port of Wallaroo for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Wallaroo;\n\n (c) a change to the procedures at Port of Wallaroo that may affect the ability of a person who carries out operations at Port of Wallaroo to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Wallaroo 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 Wallaroo;\n\n (e) a change to the procedures at Port of Wallaroo for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Wallaroo.\n\n \n","sortOrder":0}],"analysis":{"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: designating a specific regional port as a first point of entry for limited categories of vessels and goods, with associated notification conditions. There is no evidence of scope creep beyond this specific administrative function."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4 (Act, goods, non-commercial vessel, vessel), with most terms referencing the parent Act","Simple conditional logic: basic exclusions (non-commercial vessels, passenger vessels) without nested exceptions","No cross-references to other legislative instruments beyond the parent Biosecurity Act 2015 and Biosecurity Regulation 2016","Straightforward tabular format for entry points with only one row per table","Single operational condition (notification requirements) in Part 4 with clear triggers"],"plain_english_summary":"The law designates the Port of Wallaroo (Wallaroo Wharf) as an official first point of entry for certain commercial vessels and for baggage from commercial cargo vessels, allowing them to arrive directly there rather than via a major capital port.  \n\nIt requires port owners/operators to notify the Agriculture Department of changes to operators, biosecurity procedures, facilities or risk management, affecting ship and cargo operators and biosecurity officials to maintain Australia’s pest-and-disease protections."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not alter the statutory definitions or the broader Biosecurity Act framework; it narrowly designates Port of Wallaroo (and Wallaroo Wharf) as a first point of entry and sets notification conditions. It does not expand the classes of goods or vessels beyond the exclusions stated, nor does it amend other ports or the Act itself."},"complexity_factors":["Very narrow, location‑specific scope—applies only to Port of Wallaroo and Wallaroo Wharf (Parts 2–3).","Simple class exclusions—non‑commercial vessels excluded; passenger‑vessel baggage excluded for some goods (ss 5–6).","Notification and procedural compliance obligations concentrated in one section (s 9(2)–(5)), creating an identifiable administrative duty for owners/lessees/operators.","Dependence on external statutory definitions and duties in the Biosecurity Act (references to definitions in s 9 and goods as per s 19; cross‑references to sections 147, 173, 174, 229 and 246 in notes).","Low regulatory complexity overall but requires coordination with Department processes for giving and receiving written notices (s 9).","Commencement and instrument‑making authority are formalities under subsection 229(1) of the Act and the instrument’s commencement table (ss 2, 3)."],"plain_english_summary":"This determination makes Port of Wallaroo a formal “first point of entry” for vessels (excluding non‑commercial vessels) and for certain baggage, and designates Wallaroo Wharf as the specific biosecurity entry point where those vessels and baggage must be presented. It also requires the port owner, lessee or the body operating port operations to give written notice to the Agriculture Department of changes to operators, procedures or facilities that could affect biosecurity risk."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-wallaroo-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-wallaroo-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-wallaroo-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-wallaroo-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-wallaroo-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-wallaroo-determination-2019/documents"}}