{"id":"F2019L00746","name":"Biosecurity (First Point of Entry—Royal Australian Air Force Base Amberley) Determination 2019","slug":"biosecurity-first-point-of-entry-royal-australian-air-force-base-amberley-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440076,"registerId":"F2019L00746-fast-fetch-1775955852233","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Royal Australian Air Force Base Amberley) 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—Royal Australian Air Force Base Amberley) Determination 2019\n\n \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—aircraft\n\n6  First point of entry—goods\n\nPart 3—Biosecurity entry points\n\n7  Biosecurity entry points—aircraft\n\n8  Biosecurity entry points—goods\n\nPart 4—Conditions\n\n9  Conditions—notifying Agriculture Department of changes\n\n \n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Royal Australian Air Force Base Amberley) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 223(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\naircraft means an aircraft (as defined by section 9 of the Act) that is subject to biosecurity control.\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\nPart 2—First point of entry\n\n \n\n5  First point of entry—aircraft\n\n  Royal Australian Air Force Base Amberley is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Royal Australian Air Force Base Amberley is a first point of entry for goods other than live horses.\n\nNote: 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\n \n\n7  Biosecurity entry points—aircraft\n\nNote: An aircraft must be brought to a biosecurity entry point at a first point of entry if there is a biosecurity entry point for the aircraft at that first point of entry (see section 238 of the Act). If there are no biosecurity entry points for aircraft at a first point of entry, this requirement does not apply to aircraft landing there. This determination does not designate any area of Royal Australian Air Force Base Amberley as a biosecurity entry point for aircraft.\n\n \n\n8  Biosecurity entry points—goods\n\n  Each area of Royal Australian Air Force Base Amberley 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 Royal Australian Air Force Base Amberley Air Movements Section Passenger Terminal\n\n\nNote 1: If an aircraft has arrived at Royal Australian Air Force Base Amberley and is carrying goods mentioned in the table that are to be unloaded from the aircraft, 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 Royal Australian Air Force Base Amberley 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\n \n\n9  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Royal Australian Air Force Base Amberley 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 Royal Australian Air Force Base Amberley becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Royal Australian Air Force Base Amberley; or\n\n (b) a biosecurity entry point at Royal Australian Air Force Base Amberley;\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 Royal Australian Air Force Base Amberley becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Royal Australian Air Force Base Amberley; or\n\n (b) a biosecurity entry point at Royal Australian Air Force Base Amberley;\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 Royal Australian Air Force Base Amberley 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 Royal Australian Air Force Base Amberley providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Royal Australian Air Force Base Amberley;\n\n (b) a change to the facilities or amenities available at Royal Australian Air Force Base Amberley for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Royal Australian Air Force Base Amberley;\n\n (c) a change to the procedures at Royal Australian Air Force Base Amberley that may affect the ability of a person who carries out operations at Royal Australian Air Force Base Amberley to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Royal Australian Air Force Base Amberley 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 Royal Australian Air Force Base Amberley;\n\n (e) a change to the procedures at Royal Australian Air Force Base Amberley for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Royal Australian Air Force Base Amberley.\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 site-specific determination made under the Biosecurity Act 2015. It performs exactly the function intended by its enabling provision (section 223(1)): designating a specific location as a first point of entry with appropriate conditions. The scope remains tightly focused on RAAF Base Amberley's biosecurity arrangements."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 3 definitions in section 4 (Act, aircraft, goods), with most definitions imported by reference from the parent Biosecurity Act 2015","Simple conditional structure: primarily declarative statements designating the base as an entry point, with straightforward notification obligations in Part 4","Limited cross-referencing: references to the Biosecurity Act 2015 are explanatory rather than creating complex interdependencies","Single operational requirement: only one biosecurity entry point designated (baggage at the Passenger Terminal)"],"plain_english_summary":"RAAF Base Amberley is designated an official \"first point of entry\" into Australia for aircraft and most goods (excluding live horses), bringing military and civilian international arrivals under the same biosecurity regime as civilian airports. \n\nBaggage must be inspected at the base’s Air Movements Section Passenger Terminal, and the base owner/operator must notify the Agriculture Department of changes affecting operations, biosecurity management, or facilities."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument exercises the delegate's power under subsection 223(1) of the Biosecurity Act to designate a first point of entry and to identify a specific biosecurity entry point for baggage, and to impose notification conditions (see ss 3, 5–9). It does not expand the statutory powers in the Act; rather it applies those powers to RAAF Base Amberley, excludes live horses from goods designation (s6), and leaves aircraft biosecurity entry-point areas undesignated (s7 note), meaning operational effects are limited to the matters expressly set out in the instrument."},"complexity_factors":["Short, single-purpose instrument with limited provisions (Parts 1–4).","Relies on multiple cross-references to the Biosecurity Act for definitions and operational effect (see s4; notes citing ss 9, 19, 147, 173, 174, 223, 238).","Selective designation: first point of entry for aircraft generally and for goods except live horses (ss 5–6), which creates a specific exclusion to track.","Narrow biosecurity entry-point designation limited to baggage at the Air Movements Section passenger terminal (s8, table), leaving other goods without a designated area (note 2) and affecting unloading duties (see note 1).","Notification and procedural obligations imposed on owners, lessees and persons carrying out operations (s9) — creates identifiable compliance duties and timing requirements (notice as soon as practicable; reasonable notice for proposed changes).","Made by a delegate under statutory power (s3: subsection 223(1) of the Act) rather than by primary legislation, so administrative procedure governs amendment and revocation.","No express penalties or enforcement detail in the instrument; enforcement and consequences rely on the Act's broader framework (imposes practical reliance on interlocution with the Department)."],"plain_english_summary":"**What it does:** This determination names Royal Australian Air Force Base Amberley as a first point of entry under the Biosecurity Act for aircraft and for goods except live horses, and it designates the Air Movements Section passenger terminal as the biosecurity entry point for baggage. Owners, lessees and operators must notify the Department of Agriculture of changes to operators, facilities or procedures that could affect biosecurity risk or officials' ability to act. It fixes where arriving aircraft/goods are processed and creates notification duties to support biosecurity oversight."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-amberley-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-amberley-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-amberley-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-amberley-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-amberley-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-amberley-determination-2019/documents"}}