{"id":"F2019L00763","name":"Biosecurity (First Point of Entry—Port of Wyndham) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-wyndham-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99380,"registerId":"commonwealth-F2019L00763-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Wyndham) Determination 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n In this instrument:\n\n> Act means the Biosecurity Act 2015.\n\n> goods means goods:\n\n (a) that are subject to biosecurity control; or\n (b) in relation to which an exposed goods order is in force.\n\n> Inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> vessel means a vessel that is subject to biosecurity control.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"First point of entry","content":"## Part 2—First point of entry","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"First point of entry—vessels","content":"#### 5 First point of entry—vessels\n\n Port of Wyndham is a first point of entry for vessels other than non‑commercial vessels.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"First point of entry—goods","content":"#### 6 First point of entry—goods\n\n Port of Wyndham is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;\n (b) inorganic bulk goods.\n\n> Note 1: Port of Wyndham is not a first point of entry for any other goods.\n\n> Note 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.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Biosecurity entry points","content":"## Part 3—Biosecurity entry points","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Biosecurity entry points—vessels","content":"#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Wyndham 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```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Vessels other than non‑commercial vessels

The following areas:

(a) Wyndham Anchorage Point;

(b) Wyndham Wharf

\n```\n\n> Note: A vessel that has arrived at Port of Wyndham must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Biosecurity entry points—goods","content":"#### 8 Biosecurity entry points—goods\n\n Each area of Port of Wyndham 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```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

Baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel

The following areas:

(a) Wyndham Anchorage Point;

(b) Wyndham Wharf

2

Inorganic bulk goods

Wyndham Wharf

\n```\n\n> Note: If a vessel has arrived at Port of Wyndham 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).","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Conditions","content":"## Part 4—Conditions","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Conditions—notifying Agriculture Department of changes","content":"#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Wyndham as a first point of entry by this instrument is subject to the conditions in this section.\n (2) If the owner (or, if there is more than one owner, an owner) of Port of Wyndham becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Wyndham; or\n (b) a biosecurity entry point at Port of Wyndham;\n the 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 (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Wyndham becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Wyndham; or\n (b) a biosecurity entry point at Port of Wyndham;\n the 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 (4) If a person or body that is responsible for carrying out operations at Port of Wyndham 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 (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Port of Wyndham providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Wyndham;\n (b) a change to the facilities or amenities available at Port of Wyndham for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Wyndham;\n (c) a change to the procedures at Port of Wyndham that may affect the ability of a person who carries out operations at Port of Wyndham to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Wyndham 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 Wyndham;\n (e) a change to the procedures at Port of Wyndham for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Wyndham.","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"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 (subsection 229(1)) — designating a specific port as a first point of entry with appropriate conditions. There is no scope creep; it remains tightly focused on the Port of Wyndham's operational parameters."},"complexity_factors":["Short instrument with only 9 substantive sections across 4 Parts","Minimal defined terms (only 4 specific definitions, plus incorporated definitions from parent Act)","Simple conditional logic limited to notification requirements in section 9","Two straightforward lookup tables for designated entry points","Heavy reliance on external definitions (Biosecurity Act 2015 and Biosecurity Regulation 2016) for key concepts like 'non-commercial vessel' and 'biosecurity control'","No nested exceptions or complex cross-referencing within the instrument itself"],"plain_english_summary":"The legislation designates the Port of Wyndham as an official first point of entry for certain commercial vessels and goods, allowing cargo vessels to arrive at Wyndham Anchorage Point or Wyndham Wharf (private boats excluded), with inorganic bulk goods permitted only at Wyndham Wharf and baggage limited to cargo vessels. Port owners/operators must notify the Agriculture Department of changes to ownership, biosecurity procedures, facilities, or risk controls. This secures biosecurity checks for a remote northern gateway and gives shipping operators legal clarity."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument is narrowly focused: it implements the Biosecurity Act authority to designate a first point of entry and specific biosecurity entry points for a single port (Port of Wyndham). The designations, the limited classes of vessels and goods, and the notification conditions are consistent with that core purpose and do not expand the statutory scope beyond the Act's powers. It does not add unrelated regulatory powers or materially broaden the sorts of goods or vessels covered — it simply specifies which parts of the port are the legal points for biosecurity control and imposes notice obligations on port owners/lessees/operators (ss3,5–9)."},"complexity_factors":["Short instrument with 9 sections and 4 parts — compact structure","Only a few defined terms in the instrument itself (Act, goods, Inorganic bulk goods, non‑commercial vessel, vessel) (s4)","Cross-references to multiple provisions of the Biosecurity Act 2015: s9 (definitions), ss147, 173, 174, 229(1) (authority), and s246 — increases interpretive dependency on the Act","Two tabular schedules that map classes (vessels, goods) to specific port areas (Wyndham Anchorage Point; Wyndham Wharf) (ss7–8)","Use of open legal standards: \"as soon as practicable\" and \"reasonable notice\" (ss7, 8 notes; s9) — introduces case‑by‑case interpretation","Conditional duties on different actors (owner, lessee, \"person or body\" responsible for operations) with overlapping but distinct notice duties (s9(2)–(5))"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Designates the Port of Wyndham as a \"first point of entry\" under the Biosecurity Act 2015 for: (a) vessels other than non‑commercial vessels (s5); and (b) specified goods — baggage carried on most visiting vessels and \"inorganic bulk goods\" (s6).\n\n- Identifies which places inside the port are designated \"biosecurity entry points\": Wyndham Anchorage Point and Wyndham Wharf for vessels (s7); Wyndham Anchorage Point and Wyndham Wharf for baggage (s8 item 1); and Wyndham Wharf for inorganic bulk goods (s8 item 2). Vessels and goods that arrive must be taken to the appropriate biosecurity entry point as soon as practicable (see cross-references to the Act: s246 for vessels, s147 for goods) (s7, s8).\n\n- Imposes notification and consultation conditions on owners, lessees and persons responsible for operations at the port. Owners/lessees must give the Agriculture Department written notice if they become aware of any change to the business entity operating the port or a biosecurity entry point (s9(2)–(3)). Persons or bodies proposing certain operational changes (procedures, facilities, or anything affecting the ability to identify or communicate biosecurity risks) must give the Agriculture Department \"reasonable notice\" in writing of the proposed change (s9(4)–(5)).\n\nWhy this matters (purpose claims and immediate effect)\n\n- The instrument implements the Biosecurity Act power to specify places and areas where biosecurity controls must be exercised (authority: made under s229(1) of the Act) (s3). Its stated effect is to channel arriving vessels and biosecurity‑controlled goods through particular physical locations so biosecurity officials can perform risk‑management checks and exercise powers under the Act (ss5–9).\n\nWho is affected\n\n- Private parties: owners and lessees of Port of Wyndham, port operators, cargo handlers and terminal operators who handle baggage or inorganic bulk goods at the port (s4 definitions; ss5–9).\n- Vessel operators and masters of vessels (commercial vessels) arriving at Wyndham must go to the designated biosecurity entry points (s5, s7). Passenger vessels are excluded from the baggage designation (s6).\n- The Department of Agriculture (receiving notices and supervising changes) and biosecurity officers who perform inspections and enforcement at those points (s9).\n\nPractical consequences, incentives, costs and trade‑offs (mechanisms)\n\n- Compliance burden: owners/lessees and operational managers face a legal obligation to provide written notices on changes to the business entity operating the port or to significant operational procedures and facilities that affect biosecurity (s9(2)–(5)). That imposes administrative cost (preparing notices, internal change control) and potential lead time to obtain Department review or approval.\n\n- Investment and operational impact: the designation concentrates where checks must occur (Wyndham Wharf, Wyndham Anchorage Point). That can create incentives to maintain or upgrade facilities and amenities for biosecurity officials (s9(5)(b)) and may require procedural adjustments where operations would otherwise not route through those areas (ss7–8).\n\n- Logistics and diversion effects: goods or vessels that fall outside the classes authorised at this first point of entry will need to use other designated ports or entry points. This creates a coordination cost for shippers and vessel operators and may alter routing/handling decisions (s6 Note 1; cross‑refs to ss173–174 of the Act in the instrument's note).\n\n- Administrative discretion and ambiguity: the instrument uses open standards — \"as soon as practicable\" (for bringing vessels/goods to a biosecurity entry point) and \"reasonable notice\" (for proposed operational changes) — which leaves interpretive scope to the Department and to biosecurity officers in the field. That creates implementation risk and possible operational uncertainty (s7 note; s9(4)).\n\n- Concentrated benefits and diffuse costs: benefits (streamlined inspection points, clearer locations for officials) accrue to biosecurity officials and to any businesses that can exploit the designated points. Costs (administrative compliance, possible rerouting of vessels/goods) are borne by port owners, operators and affected shippers; those costs will be concentrated on the businesses that use Wyndham as an entry point (ss5–9).\n\nImplementation and enforcement notes\n\n- The instrument relies on other sections of the Biosecurity Act for enforcement mechanics (e.g., requirements to bring vessels/goods to entry points and prohibitions on prohibited goods), so practical enforcement will depend on departmental practice and any guidance under the Act (instrument cross‑references: ss147, 173, 174, 246 of the Act cited in notes to ss6,7,8).\n\n- The instrument does not specify timeframes or a formal approval process for the notices; it uses \"as soon as practicable\" and \"reasonable notice\". Those are legal standards that will be applied case‑by‑case by the Department (s9(2)–(5)).\n\nNet mechanical effect (summary)\n\n- Port of Wyndham is the legal first point of entry for most commercial vessels and certain goods (inorganic bulk goods and baggage from most visiting vessels) and confines where biosecurity inspections and powers must be exercised within the port to Wyndham Anchorage Point and Wyndham Wharf (ss5–8).\n\n- Owners, lessees and operators must notify the Department of changes to the business entity or to key procedures/facilities affecting biosecurity risk, and must give reasonable written notice before certain proposed operational changes (s9)."},"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-wyndham-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-wyndham-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-wyndham-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-wyndham-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-wyndham-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-wyndham-determination-2019/documents"}}