{"id":"F2019L00778","name":"Biosecurity (First Point of Entry—Sunshine Coast Airport) Determination 2019","slug":"biosecurity-first-point-of-entry-sunshine-coast-airport-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440101,"registerId":"F2019L00778-fast-fetch-1775955865989","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (First Point of Entry—Sunshine Coast Airport) 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—Sunshine Coast Airport) 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\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \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\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This is the Biosecurity (First Point of Entry—Sunshine Coast Airport) 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this instrument 16 June 2019. 16 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nwaste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n\n (b) that are intended, by the person in charge of the aircraft on which the goods are carried, to be disposed of.\n\nPart 2—First point of entry\n\n \n\n5  First point of entry—aircraft\n\n  Sunshine Coast Airport is a first point of entry for aircraft generally.\n\n6  First point of entry—goods\n\n  Sunshine Coast Airport is a first point of entry for the following:\n\n (a) baggage;\n\n (b) waste.\n\nNote 1: Sunshine Coast Airport 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\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 Sunshine Coast Airport as a biosecurity entry point for aircraft.\n\n \n\n8  Biosecurity entry points—goods\n\n  Each area of Sunshine Coast Airport 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 The following areas:(a) Sunshine Coast Airport International Terminal;(b) Machjet International Terminal\n\n\nNote 1: If an aircraft has arrived at Sunshine Coast Airport 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 Sunshine Coast Airport 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 Sunshine Coast Airport 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 Sunshine Coast Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Sunshine Coast Airport; or\n\n (b) a biosecurity entry point at Sunshine Coast Airport;\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 Sunshine Coast Airport becomes aware that there has been, or will be, a change to the business entity operating:\n\n (a) Sunshine Coast Airport; or\n\n (b) a biosecurity entry point at Sunshine Coast Airport;\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 Sunshine Coast Airport 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 Sunshine Coast Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Sunshine Coast Airport;\n\n (b) a change to the facilities or amenities available at Sunshine Coast Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Sunshine Coast Airport;\n\n (c) a change to the procedures at Sunshine Coast Airport that may affect the ability of a person who carries out operations at Sunshine Coast Airport to identify biosecurity risks associated with those operations;\n\n (d) a change to the procedures at Sunshine Coast Airport 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 Sunshine Coast Airport;\n\n (e) a change to the procedures at Sunshine Coast Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Sunshine Coast Airport.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument, as made, establishes Sunshine Coast Airport as a first point of entry (aircraft generally; baggage and waste as goods), designates baggage entry points at two terminals, and imposes notification and notice conditions on owners/lessees/operators (sections 5–9). The commencement table records it as originally made (commenced 16 June 2019) and no later amendments are set out in the instrument."},"complexity_factors":["Legal foundation and cross‑references to the Biosecurity Act 2015 (made under subsection 223(1); definitions reference ss 9 and 19 of the Act) (sections 3–4).","Designation narrowness: aircraft generally vs goods limited to baggage and waste (sections 5–6), and baggage biosecurity entry points limited to two named terminal areas (section 8 table).","Omission: no area at the airport is designated as a biosecurity entry point for aircraft (section 7 note), creating an operational gap to manage.","Notification obligations on owners, lessees and operators to advise the Department in writing of changes 'as soon as practicable' or to give 'reasonable notice' of proposed changes (section 9(2)–(5)), creating timing vagueness and compliance judgment calls.","Interaction with other statutory provisions governing prohibited or conditionally non‑prohibited goods and unloading duties (notes referencing ss 147, 173, 174, 238 of the Act) requires operators to consult multiple provisions to determine obligations.","Commencement and original-instrument framing are explicit (commencement date 16 June 2019; commencement table) which fixes the instrument’s temporal scope (section 2)."],"plain_english_summary":"This determination designates Sunshine Coast Airport as a ‘first point of entry’ under the Biosecurity Act for aircraft generally, and for baggage and waste specifically. It also names the International Terminal and Machjet International Terminal as the biosecurity entry points for baggage. Airport owners, lessees and operators must notify the Department of Agriculture in writing of changes to operators, procedures or facilities that could affect biosecurity and must give reasonable notice of proposed changes. The instrument creates binding arrival-processing and notification duties for the airport."},"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-purpose biosecurity determination that does exactly what its title suggests: designates Sunshine Coast Airport as a first point of entry with specific limitations. It has not expanded beyond its original intent."},"complexity_factors":["Short instrument: only 9 sections across 4 Parts","Minimal defined terms: only 4 definitions in section 4 (Act, aircraft, goods, waste)","Simple conditional logic: only basic notification requirements in section 9","Limited cross-references: references to Biosecurity Act 2015 are straightforward and explanatory","No nested exceptions or complex procedural requirements","Single-purpose instrument: designates one airport with specific, narrow scope"],"plain_english_summary":"Sunshine Coast Airport is declared a first point of entry for international aircraft, permitting arrival of aircraft, passenger baggage and aircraft waste and requiring those items to be processed at the International and Machjet terminals for biosecurity inspection. The airport’s owners, lessees and operators must notify the Agriculture Department of operational changes.\n\nThis affects international travellers, airlines and airport operators and matters because it allows limited international operations while protecting Australia’s biosecurity by prohibiting general cargo and other goods."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-sunshine-coast-airport-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-sunshine-coast-airport-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-sunshine-coast-airport-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-sunshine-coast-airport-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-sunshine-coast-airport-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-sunshine-coast-airport-determination-2019/documents"}}