{"id":"F2019L00810","name":"Biosecurity (First Point of Entry—Port of Weipa) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-weipa-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440127,"registerId":"F2019L00810-fast-fetch-1775955880911","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 Weipa) 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 Weipa) 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 Weipa) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nPart 2—First point of entry\n\n5  First point of entry—vessels\n\n  Port of Weipa 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 Weipa 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\nNote 1: Port of Weipa 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 Weipa 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) Chith Export Facility;(b) Evans Landing;(c) Humbug Wharf;(d) Jessica Point Anchorage;(e) Lorim Point East Wharf;(f) Lorim Point West Wharf\n\n\nNote: A vessel that has arrived at Port of Weipa 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 Weipa 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 Evans Landing\n\n\nNote 1: If a vessel has arrived at Port of Weipa 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 Weipa 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\n \n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Weipa 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 Weipa becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Weipa; or\n\n (b) a biosecurity entry point at Port of Weipa;\n\nthe owner (or, if there is more than one owner, an owner) must give the Agriculture Department written 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 Weipa becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Weipa; or\n\n (b) a biosecurity entry point at Port of Weipa;\n\nthe lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department written 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 Weipa 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 Weipa providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Weipa;\n\n (b) a change to the facilities or amenities available at Port of Weipa for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Weipa;\n\n (c) a change to the procedures at Port of Weipa that may affect the ability of a person who carries out operations at Port of Weipa to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Weipa 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 Weipa;\n\n (e) a change to the procedures at Port of Weipa for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Weipa.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was always intended to be a specific port designation under section 229 of the Biosecurity Act 2015, and it remains precisely that — establishing Weipa as a first point of entry for limited vessel and goods classes with attached conditions. No scope creep is evident."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4, plus references to existing Act definitions","Simple conditional logic: primarily exclusionary lists (e.g., 'vessels other than...') rather than nested conditions","Straightforward cross-references: references to Biosecurity Act 2015 and Biosecurity Regulation 2016 are standard and non-complex","No exceptions to exceptions: structure is flat without layered conditional provisions","Tabular format for entry points aids readability rather than complicating it"],"plain_english_summary":"Port of Weipa is designated a first point of entry for certain international cargo ships, but only for commercial cargo vessels carrying baggage and inorganic bulk goods (e.g., minerals, chemicals, ores, gases) — passenger and private craft and organic cargo are excluded. Specific wharves/facilities are authorized, and port owners/operators must notify the agriculture/biosecurity authority of operational or facility changes. This affects shipping companies, port managers, importers, and biosecurity officials by allowing controlled international trade while limiting pest and disease risks."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly designates Port of Weipa as a first point of entry for specified vessels and goods and sets designated biosecurity entry points and notification conditions, thereby creating a specific statutory scope for biosecurity control at that port where none was set by this instrument before (see ss 5–9)."},"complexity_factors":["Targeted designations narrow applicability to particular vessel and goods classes, requiring users to check exclusions (see ss 5–6).","Multiple named locations are specified as biosecurity entry points, creating operational routing rules within the port (see ss 7–8).","Notification obligations fall on owners, lessees and on-site operators, with timing and scope rules that can create compliance burdens (see s 9(2)–(4)).","List of reportable changes is detailed and operational (procedures, facilities, detection and notification processes), increasing monitoring duties for port operators (see s 9(5)).","The instrument relies on statutory definitions and cross-references to other Act provisions (definitions and sections 147 and 246), so interpretation depends on the Biosecurity Act and Regulations (see s 4 and notes).","Ambiguities in who must notify when multiple owners/lessees exist (phrasing: 'an owner'/'a lessee') can create coordination uncertainties (see ss 9(2)–(3))."],"plain_english_summary":"This determination makes Port of Weipa a designated first point of entry for most commercial vessels and for specified goods (baggage from commercial vessels and inorganic bulk goods), and identifies particular wharves and anchorages as the port’s biosecurity entry points. Owners, lessees and operators must notify the Agriculture Department of business, procedural or facility changes that affect biosecurity arrangements (see ss 5–9). It matters because masters, cargo handlers and port operators must bring affected vessels and goods to those entry points and meet the notification duties."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-weipa-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-weipa-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-weipa-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-weipa-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-weipa-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-weipa-determination-2019/documents"}}