{"id":"F2019L00770","name":"Biosecurity (First Point of Entry—Royal Australian Air Force Base Learmonth) Determination 2019","slug":"biosecurity-first-point-of-entry-royal-australian-air-force-base-learmonth-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440093,"registerId":"F2019L00770-fast-fetch-1775955861718","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 Learmonth) 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 Learmonth) 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\nPart 4—Conditions\n\n8  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 Learmonth) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n \n\nPart 2—First point of entry\n\n \n\n5  First point of entry—aircraft\n\n  Royal Australian Air Force Base Learmonth is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Royal Australian Air Force Base Learmonth is NOT a first point of entry for goods.\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 Learmonth as a biosecurity entry point for aircraft.\n\n \n\nPart 4—Conditions\n\n \n\n8  Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Royal Australian Air Force Base Learmonth 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 Learmonth becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Royal Australian Air Force Base Learmonth; or\n\n (b) a biosecurity entry point at Royal Australian Air Force Base Learmonth;\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 Learmonth becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Royal Australian Air Force Base Learmonth; or\n\n (b) a biosecurity entry point at Royal Australian Air Force Base Learmonth;\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 Learmonth 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 Learmonth 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 Learmonth;\n\n (b) a change to the facilities or amenities available at Royal Australian Air Force Base Learmonth for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Royal Australian Air Force Base Learmonth;\n\n (c) a change to the procedures at Royal Australian Air Force Base Learmonth that may affect the ability of a person who carries out operations at Royal Australian Air Force Base Learmonth to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Royal Australian Air Force Base Learmonth 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 Learmonth;\n\n (e) a change to the procedures at Royal Australian Air Force Base Learmonth 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 Learmonth.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains a narrow, specific scope consistent with its title and purpose: designating a single military base's status under biosecurity law. It does not expand beyond this discrete administrative function."},"complexity_factors":["Very short instrument (8 sections total)","Only 2 defined terms ('Act', 'aircraft', 'goods') in the instrument itself, with reference to external definitions in the parent Act","Simple binary determination: yes for aircraft, no for goods","No cross-references to other legislation beyond the enabling provision (Biosecurity Act 2015) and standard interpretation references","Notification conditions in section 8 are procedural but use standard administrative language without nested logic","No exceptions, exemptions, or conditional pathways"],"plain_english_summary":"RAAF Base Learmonth is designated a first point of entry for aircraft arriving in Australia but expressly not for goods: planes may use Learmonth as their first Australian landing point, while cargo must enter through other biosecurity-equipped ports.  \n\nBase owners, lessees and operators must notify the Agriculture Department of relevant changes to operations or biosecurity arrangements. This lets military and some civilian flights use the remote base while ensuring cargo is inspected at proper facilities."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Biosecurity Act or its definitions. It exercises the Act’s power (s223) to designate a location as a first point of entry for aircraft only. It therefore changes the practical set of designated locations but does not expand the statutory scope or alter legal definitions in the Act."},"complexity_factors":["Narrow, single-location effect: the instrument applies only to Learmonth and only to aircraft (ss5–6), limiting substantive complexity.","Cross-references to the Biosecurity Act: relies on statutory definitions and powers (s223 authority; see also sections 9, 19 and 238 of the Act), requiring users to read the Act alongside the determination.","Notification obligations on owners/lessees/operators (s8) create ongoing compliance duties and potential administrative burden.","Use of subjective timing standards — “as soon as practicable” and “reasonable notice” (s8(2)–(4)) — introduces interpretive uncertainty and compliance risk.","No biosecurity entry-point area designated on the base (note to s7) creates operational ambiguity about where biosecurity entry-point procedures must be performed.","Made by a delegate (instrument signed by Department officer) — administrative discretion in designation and any future changes (front matter and s3).","Potential infrastructure and procedural change costs where owners/operators must alter facilities or procedures to support biosecurity officials (s8(5)(b)–(e))."],"plain_english_summary":"This instrument designates Royal Australian Air Force Base Learmonth as a “first point of entry” for aircraft but not for goods, so aircraft subject to biosecurity control are linked to the Biosecurity Act at that location while no specific biosecurity entry-point area on the base is identified. The Department of Agriculture (delegate of the Director of Biosecurity) makes the designation; owners, lessees and operators must give written notice to the Department of changes to operators, facilities or procedures and therefore carry the compliance costs and timing obligations (ss5–8)."},"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-royal-australian-air-force-base-learmonth-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-learmonth-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-learmonth-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-learmonth-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-learmonth-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-royal-australian-air-force-base-learmonth-determination-2019/documents"}}