{"id":"F2019L00762","name":"Biosecurity (First Point of Entry—Port of Whyalla) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-whyalla-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440087,"registerId":"F2019L00762-fast-fetch-1775955858624","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 Whyalla) 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 Whyalla) 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 Whyalla) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Whyalla 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 Whyalla 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 Whyalla 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 Whyalla 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) Bulk berth;(b) Outer Harbour Transhipment Berth;(c) Products Berth;(d) TAR Berth\n\n\nNote: A vessel that has arrived at Port of Whyalla 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 Whyalla 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) Bulk berth;(b) Outer Harbour Transhipment Berth;(c) Products Berth;(d) TAR Berth\n\n\nNote 1: If a vessel has arrived at Port of Whyalla 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 Whyalla 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 Whyalla 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 Whyalla becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Whyalla; or\n\n (b) a biosecurity entry point at Port of Whyalla;\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 Whyalla becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Whyalla; or\n\n (b) a biosecurity entry point at Port of Whyalla;\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 Whyalla 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 Whyalla providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Whyalla;\n\n (b) a change to the facilities or amenities available at Port of Whyalla for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Whyalla;\n\n (c) a change to the procedures at Port of Whyalla that may affect the ability of a person who carries out operations at Port of Whyalla to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Whyalla 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 Whyalla;\n\n (e) a change to the procedures at Port of Whyalla for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Whyalla.\n\n \n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow port-specific determination made under the Biosecurity Act 2015. It performs exactly the function intended by its enabling provision (section 229(1))—designating a specific port as a first point of entry with appropriate limitations and conditions. There is no scope creep; it remains tightly focused on Whyalla's biosecurity arrangements."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 4 definitions in section 4, plus references to Act definitions)","Simple conditional logic (exclusions in section 5, inclusions in section 6)","Straightforward tabular format for designating entry points (sections 7-8)","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015","Single substantive condition in Part 4 requiring notification of operational changes"],"plain_english_summary":"The instrument designates the Port of Whyalla as an official first point of entry for certain international cargo vessels and their inorganic bulk goods and baggage, while excluding passenger ships and private/non‑commercial boats. It affects shipping companies using Whyalla, the port’s owners/operators, and biosecurity officers who will inspect incoming cargo.\n\nIt also sets designated biosecurity entry areas and requires port owners/operators to notify the Agriculture Department of changes to ownership, biosecurity procedures, or facilities—ensuring continued biosecurity controls."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument sets out the scope of Port of Whyalla as a first point of entry for specified vessels and goods and designates particular biosecurity entry points. The text does not indicate it amends or supersedes an earlier instrument or changes prior scope; no comparative or historical change is recorded in the instrument itself."},"complexity_factors":["Cross-references to the Biosecurity Act (definitions and operational sections such as s9, s19, s147, s173, s174, s229 and s246) require reading both instruments together.","Limited scope: only certain vessel classes and goods are covered (excludes non-commercial and passenger vessels; covers inorganic bulk goods and baggage on applicable vessels).","Spatial specificity: designates particular berths as biosecurity entry points, creating operational routing requirements.","Compliance burden on multiple private actors: owners, lessees and operators must give written notices of changes to business entity, procedures or facilities affecting biosecurity.","Delegated decision-making: instrument is made by a delegate under s229(1), so administrative discretion and delegation chain matter for interpretation.","Condition-based duties: notice requirements hinge on awareness of changes and require ‘as soon as practicable’ or ‘reasonable’ notice, which are fact-sensitive standards."],"plain_english_summary":"This determination names Port of Whyalla as a formal first point of entry under the Biosecurity Act for most commercial vessels and for specific goods (baggage on those vessels and inorganic bulk goods), and it designates particular berths at the port as biosecurity entry points. It also imposes written-notice obligations on port owners, lessees and operators when business arrangements, procedures or facilities that affect biosecurity risk change.\n\nIt affects port owners/operators, shipping operators and importers by defining where vessels and specified goods must present for biosecurity processing and by creating compliance and notification duties."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-whyalla-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-whyalla-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-whyalla-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-whyalla-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-whyalla-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-whyalla-determination-2019/documents"}}