{"id":"F2019L00803","name":"Biosecurity (First Point of Entry—Port of Yamba) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-yamba-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440121,"registerId":"F2019L00803-fast-fetch-1775955876705","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 Yamba) 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 Yamba) 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 Yamba) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Yamba 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 Yamba 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 Yamba 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 Yamba 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 Goodwood Island Wharf\n\n\nNote: A vessel that has arrived at Port of Yamba 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 Yamba 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 Goodwood Island Wharf\n\n\nNote: If a vessel has arrived at Port of Yamba 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 Yamba 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 Yamba becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Yamba; or\n\n (b) a biosecurity entry point at Port of Yamba;\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 Yamba becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Port of Yamba; or\n\n (b) a biosecurity entry point at Port of Yamba;\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 Yamba 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 Yamba providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Yamba;\n\n (b) a change to the facilities or amenities available at Port of Yamba for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Yamba;\n\n (c) a change to the procedures at Port of Yamba that may affect the ability of a person who carries out operations at Port of Yamba to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Port of Yamba 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 Yamba;\n\n (e) a change to the procedures at Port of Yamba for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Yamba.\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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument, as produced, establishes the initial designation of Port of Yamba as a first point of entry for specified vessels and baggage, names Goodwood Island Wharf as the biosecurity entry point, and imposes notification conditions. There is no material in the instrument indicating a change from its original scope; commencement and note text confirm this is the instrument as originally made."},"complexity_factors":["Narrow substantive scope: limited to Port of Yamba, specified vessel classes and baggage (Parts 2–3).","Cross‑references to the Biosecurity Act and its definitions (instrument made under s229; refers to Act s9, s19 and ss147, 173, 174, 246), requiring users to consult the Act for full effect (Part 1, notes; Parts 2–3).","Designates a single physical biosecurity entry point (Goodwood Island Wharf), reducing logistical complexity but creating a single chokepoint (s7–s8).","Multiple responsible actors: owner(s), lessee(s) and persons/bodies operating or carrying out operations at the port have notification duties (s9(2)–(4)).","Procedural obligations use flexible, fact‑dependent standards—\"as soon as practicable\" and \"reasonable notice\"—which create interpretive discretion for both regulated parties and the Department (s9(2)–(4)).","Conditions cover a range of operational changes (procedures, facilities, ability to identify/report risks), so compliance requires internal monitoring of varied activities (s9(5)).","Commencement and amendment notes require attention to the instrument's original text and any later amendments for authoritative effect (Commencement table)."],"plain_english_summary":"This determination designates Port of Yamba as a first point of entry for vessels (excluding non‑commercial and passenger vessels) and for baggage carried on those vessels, and names Goodwood Island Wharf as the biosecurity entry point. It requires port owners, lessees and operators to give written notice to the Agriculture Department of changes to the business entity or to procedures, facilities or amenities that could affect biosecurity risk, with timing framed as \"as soon as practicable\" or \"reasonable notice.\" It affects commercial vessel operators, port owners/lessees and the Department."},"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 (section 229(1)): designating a specific port as a first point of entry with appropriate conditions. The scope remains tightly focused on Port of Yamba's operational parameters for biosecurity purposes."},"complexity_factors":["Short instrument with only 9 sections across 4 Parts","Minimal defined terms (only 4 explicit definitions in section 4, plus references to Act definitions)","Simple conditional logic: two excluded categories of vessels (non-commercial and passenger vessels)","Straightforward tabular format for designating entry points","Single substantive condition in Part 4 requiring notifications of operational changes","No nested exceptions or complex cross-referencing beyond basic references to the parent Act"],"plain_english_summary":"This determination designates the Port of Yamba as an approved first point of entry for overseas cargo vessels (and their baggage)—with Goodwood Island Wharf specified as the biosecurity entry point—and imposes notification duties on port owners/operators about operational and biosecurity changes. \n\nIt affects ship operators, port owners/operators, biosecurity officials and importers by enabling direct international cargo calls at Yamba while ensuring the Agriculture Department stays informed to manage biosecurity risk instead of routing vessels via larger ports."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-yamba-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-yamba-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-yamba-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-yamba-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-yamba-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-yamba-determination-2019/documents"}}