{"id":"F2019L00811","name":"Biosecurity (First Point of Entry—Port of Westernport) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-westernport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440128,"registerId":"F2019L00811-fast-fetch-1775955880918","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 Westernport) 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 Westernport) 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 Westernport) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Westernport 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 Westernport 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 Westernport 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 Westernport 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) BlueScope Steel Wharf;(b) Cribb Point Berth 1;(c) Long Island Point (LIP) Liquid Berth\n\n\nNote: A vessel that has arrived at Port of Westernport 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 Westernport 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) Cribb Point Berth 1;(b) Long Island Port (LIP) Liquid Berth\n- 2 Waste The following areas:(a) BlueScope Steel Wharf;(b) Cribb Point Berth 1;(c) Long Island Point (LIP) Liquid Berth\n\n\nNote 1: If a vessel has arrived at Port of Westernport 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 Westernport 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 Westernport 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 Westernport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Westernport; or\n\n (b) a biosecurity entry point at Port of Westernport;\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 Westernport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Westernport; or\n\n (b) a biosecurity entry point at Port of Westernport;\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 Westernport 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 Westernport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Westernport;\n\n (b) a change to the facilities or amenities available at Port of Westernport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Westernport;\n\n (c) a change to the procedures at Port of Westernport that may affect the ability of a person who carries out operations at Port of Westernport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Westernport 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 Westernport;\n\n (e) a change to the procedures at Port of Westernport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Westernport.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination maintains a narrow, specific scope consistent with its original purpose. It designates Port of Westernport as a limited first point of entry for specific vessel and goods types (inorganic bulk goods, waste, and baggage from cargo vessels only), deliberately excluding higher-risk categories. The notification conditions in Part 4 are standard administrative requirements that support the core biosecurity function without expanding beyond it."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 5 definitions in section 4, plus references to the parent Act)","Simple conditional logic (exclusions for non-commercial and passenger vessels in sections 5-6)","Straightforward tabular format for designating specific wharf areas in sections 7-8","Single substantive condition in Part 4 requiring notifications of operational changes","Heavy reliance on definitions from the parent Biosecurity Act 2015 rather than creating new complexity"],"plain_english_summary":"This law designates the Port of Westernport (VIC) as an official Australian entry point limited to certain cargo and commercial vessels (not passenger or private craft) and allows only inorganic bulk goods, ship waste, and cargo baggage — explicitly excluding food, animals, plants and commercial freight containers. It requires arrivals to use specified berths (BlueScope Steel Wharf, Cribb Point Berth 1, Long Island Point liquid berth) and obliges port owners/operators to notify the Department of Agriculture of changes affecting biosecurity entry points and procedures.\n\nIt affects shipping companies, port operators and the Department, and protects Australia’s biosecurity by restricting high‑risk imports."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements a discrete designation: it identifies Port of Westernport as a first point of entry for specified vessels and goods and prescribes designated biosecurity entry points and notification conditions. The text contains no amendments or extensions beyond that stated purpose and does not indicate a change from the instrument’s own stated scope."},"complexity_factors":["Narrow, targeted subject‑matter limited to a single port and small classes of vessels/goods (low substantive breadth).","Clear statutory structure and short length (few clauses, straightforward designations).","Defined exclusions: non‑commercial vessels and passenger vessels excluded from vessel designation (§5).","Specific designation of named berths as biosecurity entry points (§7–8) reduces interpretive ambiguity over location.","Notification and procedural duties on multiple private actors (owners, lessees, persons/bodies carrying out operations) impose coordination and compliance obligations (conditions in §9(2)–(5)).","Use of open‑ended timing and standards—eg, \"as soon as practicable\" (notes on §7 and §8 cross‑referencing ss.147, 246 of the Act)—introduces operational discretion and potential compliance uncertainty.","Multiple cross‑references to the Biosecurity Act (eg s.229, s.147, s.246, s.173–174) mean legal effect must be read alongside primary legislation, increasing legal interpretive complexity."],"plain_english_summary":"This instrument declares Port of Westernport a “first point of entry” for commercial vessels (excluding non‑commercial and passenger vessels) and for specified goods: baggage from those vessels, inorganic bulk goods, and waste. It also names specific berths at the port as the required biosecurity entry points.\n\nOwners, lessees and operators must notify the Department of Agriculture of changes to the port’s operating entity, facilities or procedures that affect biosecurity. Vessels and designated goods must be taken to the named entry points as soon as practicable, affecting commercial ship operators, port operators and departmental biosecurity officials."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-westernport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-westernport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-westernport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-westernport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-westernport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-westernport-determination-2019/documents"}}