{"id":"F2022L01503","name":"Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022","slug":"biosecurity-first-point-of-entry-sydney-kingsford-smith-airport-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102881,"registerId":"commonwealth-F2022L01503-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022.\n\n#### 3 Authority\n\n This instrument is made under subsection 223(1) of the Biosecurity Act 2015.\n\n#### 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> aircraft means an aircraft (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> goods means goods (as defined by section 19 of the Act):\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## Part 2—First point of entry\n\n#### 5 First point of entry—aircraft\n\n Sydney Kingsford Smith Airport is a first point of entry for aircraft generally.\n\n#### 6 First point of entry—goods\n\n Sydney Kingsford Smith Airport is a first point of entry for all goods.\n\n> Note: 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\n## Part 3—Biosecurity entry points\n\n#### 7 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 Sydney Kingsford Smith Airport as a biosecurity entry point for aircraft.\n\n#### 8 Biosecurity entry points—goods\n\n Each area of Sydney Kingsford Smith 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```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

Baggage

The following areas:

(a) ExecuJet Terminal;

(c) Sydney Kingsford Smith Airport Terminal 1;

(d) T1 Livestock Transfer Facility

2

Live horses

T1 Livestock Transfer Facility

\n```\n\n> Note 1: If an aircraft has arrived at Sydney Kingsford Smith 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Sydney Kingsford Smith 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Sydney Kingsford Smith Airport 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 Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (4) If a person or body that is responsible for carrying out operations at Sydney Kingsford Smith 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 (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Sydney Kingsford Smith Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport;\n (b) a change to the facilities or amenities available at Sydney Kingsford Smith Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Sydney Kingsford Smith Airport;\n (c) a change to the procedures at Sydney Kingsford Smith Airport that may affect the ability of a person who carries out operations at Sydney Kingsford Smith Airport to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Sydney Kingsford Smith 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 Sydney Kingsford Smith Airport;\n (e) a change to the procedures at Sydney Kingsford Smith Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 223(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> aircraft means an aircraft (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> goods means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; or\n (b) in relation to which an exposed goods order is in force.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"First point of entry","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022.\n\n#### 3 Authority\n\n This instrument is made under subsection 223(1) of the Biosecurity Act 2015.\n\n#### 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> aircraft means an aircraft (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> goods means goods (as defined by section 19 of the Act):\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## Part 2—First point of entry\n\n#### 5 First point of entry—aircraft\n\n Sydney Kingsford Smith Airport is a first point of entry for aircraft generally.\n\n#### 6 First point of entry—goods\n\n Sydney Kingsford Smith Airport is a first point of entry for all goods.\n\n> Note: 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\n## Part 3—Biosecurity entry points\n\n#### 7 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 Sydney Kingsford Smith Airport as a biosecurity entry point for aircraft.\n\n#### 8 Biosecurity entry points—goods\n\n Each area of Sydney Kingsford Smith 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```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

Baggage

The following areas:

(a) ExecuJet Terminal;

(c) Sydney Kingsford Smith Airport Terminal 1;

(d) T1 Livestock Transfer Facility

2

Live horses

T1 Livestock Transfer Facility

\n```\n\n> Note 1: If an aircraft has arrived at Sydney Kingsford Smith 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Sydney Kingsford Smith 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Sydney Kingsford Smith Airport 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 Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (4) If a person or body that is responsible for carrying out operations at Sydney Kingsford Smith 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 (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Sydney Kingsford Smith Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport;\n (b) a change to the facilities or amenities available at Sydney Kingsford Smith Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Sydney Kingsford Smith Airport;\n (c) a change to the procedures at Sydney Kingsford Smith Airport that may affect the ability of a person who carries out operations at Sydney Kingsford Smith Airport to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Sydney Kingsford Smith 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 Sydney Kingsford Smith Airport;\n (e) a change to the procedures at Sydney Kingsford Smith Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"First point of entry—aircraft","content":"#### 5 First point of entry—aircraft\n\n Sydney Kingsford Smith Airport is a first point of entry for aircraft generally.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"First point of entry—goods","content":"#### 6 First point of entry—goods\n\n Sydney Kingsford Smith Airport is a first point of entry for all goods.\n\n> Note: 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 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022.\n\n#### 3 Authority\n\n This instrument is made under subsection 223(1) of the Biosecurity Act 2015.\n\n#### 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> aircraft means an aircraft (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> goods means goods (as defined by section 19 of the Act):\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## Part 2—First point of entry\n\n#### 5 First point of entry—aircraft\n\n Sydney Kingsford Smith Airport is a first point of entry for aircraft generally.\n\n#### 6 First point of entry—goods\n\n Sydney Kingsford Smith Airport is a first point of entry for all goods.\n\n> Note: 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\n## Part 3—Biosecurity entry points\n\n#### 7 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 Sydney Kingsford Smith Airport as a biosecurity entry point for aircraft.\n\n#### 8 Biosecurity entry points—goods\n\n Each area of Sydney Kingsford Smith 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```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

Baggage

The following areas:

(a) ExecuJet Terminal;

(c) Sydney Kingsford Smith Airport Terminal 1;

(d) T1 Livestock Transfer Facility

2

Live horses

T1 Livestock Transfer Facility

\n```\n\n> Note 1: If an aircraft has arrived at Sydney Kingsford Smith 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Sydney Kingsford Smith 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Sydney Kingsford Smith Airport 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 Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (4) If a person or body that is responsible for carrying out operations at Sydney Kingsford Smith 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 (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Sydney Kingsford Smith Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport;\n (b) a change to the facilities or amenities available at Sydney Kingsford Smith Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Sydney Kingsford Smith Airport;\n (c) a change to the procedures at Sydney Kingsford Smith Airport that may affect the ability of a person who carries out operations at Sydney Kingsford Smith Airport to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Sydney Kingsford Smith 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 Sydney Kingsford Smith Airport;\n (e) a change to the procedures at Sydney Kingsford Smith Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Biosecurity entry points—aircraft","content":"#### 7 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 Sydney Kingsford Smith Airport as a biosecurity entry point for aircraft.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Biosecurity entry points—goods","content":"#### 8 Biosecurity entry points—goods\n\n Each area of Sydney Kingsford Smith 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```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

Baggage

The following areas:

(a) ExecuJet Terminal;

(c) Sydney Kingsford Smith Airport Terminal 1;

(d) T1 Livestock Transfer Facility

2

Live horses

T1 Livestock Transfer Facility

\n```\n\n> Note 1: If an aircraft has arrived at Sydney Kingsford Smith 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Sydney Kingsford Smith 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.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Conditions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022.\n\n#### 3 Authority\n\n This instrument is made under subsection 223(1) of the Biosecurity Act 2015.\n\n#### 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> aircraft means an aircraft (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> goods means goods (as defined by section 19 of the Act):\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## Part 2—First point of entry\n\n#### 5 First point of entry—aircraft\n\n Sydney Kingsford Smith Airport is a first point of entry for aircraft generally.\n\n#### 6 First point of entry—goods\n\n Sydney Kingsford Smith Airport is a first point of entry for all goods.\n\n> Note: 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\n## Part 3—Biosecurity entry points\n\n#### 7 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 Sydney Kingsford Smith Airport as a biosecurity entry point for aircraft.\n\n#### 8 Biosecurity entry points—goods\n\n Each area of Sydney Kingsford Smith 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```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

Baggage

The following areas:

(a) ExecuJet Terminal;

(c) Sydney Kingsford Smith Airport Terminal 1;

(d) T1 Livestock Transfer Facility

2

Live horses

T1 Livestock Transfer Facility

\n```\n\n> Note 1: If an aircraft has arrived at Sydney Kingsford Smith 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\n> Note 2: This determination does not designate biosecurity entry points for other goods for which Sydney Kingsford Smith 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\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Sydney Kingsford Smith Airport 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 Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (4) If a person or body that is responsible for carrying out operations at Sydney Kingsford Smith 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 (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Sydney Kingsford Smith Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport;\n (b) a change to the facilities or amenities available at Sydney Kingsford Smith Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Sydney Kingsford Smith Airport;\n (c) a change to the procedures at Sydney Kingsford Smith Airport that may affect the ability of a person who carries out operations at Sydney Kingsford Smith Airport to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Sydney Kingsford Smith 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 Sydney Kingsford Smith Airport;\n (e) a change to the procedures at Sydney Kingsford Smith Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport.","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 Sydney Kingsford Smith Airport 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 Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Sydney Kingsford Smith Airport; or\n (b) a biosecurity entry point at Sydney Kingsford Smith Airport;\n the 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 (4) If a person or body that is responsible for carrying out operations at Sydney Kingsford Smith 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 (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Sydney Kingsford Smith Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport;\n (b) a change to the facilities or amenities available at Sydney Kingsford Smith Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Sydney Kingsford Smith Airport;\n (c) a change to the procedures at Sydney Kingsford Smith Airport that may affect the ability of a person who carries out operations at Sydney Kingsford Smith Airport to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Sydney Kingsford Smith 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 Sydney Kingsford Smith Airport;\n (e) a change to the procedures at Sydney Kingsford Smith Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport.","sortOrder":11}],"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":3,"scope_assessment":{"changed":false,"description":"This is a standard, narrow administrative determination made under section 223(1) of the Biosecurity Act 2015. Its purpose is specifically to designate Sydney Kingsford Smith Airport as a first point of entry and set associated conditions. The scope remains tightly focused on this single airport and does not appear to have expanded beyond the original intent of the enabling provision."},"complexity_factors":["Short instrument with only 9 substantive sections","Minimal defined terms (only 3: 'Act', 'aircraft', 'goods')","Simple table structure for designated entry points with only 2 rows","Straightforward conditional logic in notification requirements (subsections 9(2)-(5))","Cross-references to parent Act (Biosecurity Act 2015) are limited and clearly identified in notes","No nested exceptions or complex definitional chains","Single-purpose instrument focused on one airport only"],"plain_english_summary":"Sydney Kingsford Smith Airport is officially designated a first point of entry for international aircraft and all types of goods, meaning international arrivals and imports can be cleared there under Australia’s biosecurity laws. Baggage must be processed at ExecuJet Terminal, Terminal 1, or the T1 Livestock Transfer Facility; live horses only at T1 Livestock Transfer Facility. The change affects airport operators, airlines, cargo handlers, importers and Agriculture, Fisheries and Forestry, and requires notification of operational or facility changes that affect biosecurity."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument stays within the routine, narrow purpose of the enabling power in subsection 223(1) of the Biosecurity Act 2015: it designates a specific airport as a first point of entry, lists particular biosecurity entry points for a small set of goods (baggage and live horses), and imposes notification conditions on owners/lessees/operators. It does not expand the statutory regime beyond those mechanics (no new regulatory powers or novel obligations beyond notification and designation), so it has not materially changed scope beyond its original, instrument‑level purpose."},"complexity_factors":["Short instrument (fewer than 10 substantive provisions: ss1–9).","Only a small number of defined terms used directly (Act, aircraft, goods) with many other terms taken from the Biosecurity Act 2015 (cross‑referencing).","Single, small table in s8 listing two classes of goods and three designated areas — low branching logic.","Cross‑references to multiple provisions of the Biosecurity Act (notably ss147 and 238) introduce external dependencies that increase interpretive complexity.","Use of open‑standard phrases: \"as soon as practicable\" and \"reasonable notice\" (creates administrative discretion and uncertainty).","Notification duties apply to multiple actors (owners, lessees, persons/bodies responsible for operations), with duplicate obligations where there are multiple owners/lessees (adds practical coordination complexity)."],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Designates Sydney Kingsford Smith Airport (Kingsford Smith / SYD) as a \"first point of entry\" under the Biosecurity Act 2015 for:\n - aircraft generally (section 5); and\n - all goods (section 6).\n\n- Identifies specific areas at the airport as designated biosecurity entry points (places where certain goods must be taken for biosecurity processing) for particular goods (section 8):\n - Baggage: ExecuJet Terminal; Sydney Kingsford Smith Airport Terminal 1; and T1 Livestock Transfer Facility.\n - Live horses: T1 Livestock Transfer Facility.\n (The instrument does not designate any area as a biosecurity entry point for aircraft — see section 7.)\n\n- Imposes notification conditions on owners, lessees and operators of the airport and of the designated entry points to inform the Australian Department of Agriculture (\"the Agriculture Department\") about changes to operators or to procedures/facilities that may affect biosecurity risk (section 9).\n\n\nWho is affected\n\n- The airport owner(s) and any lessee(s), and the bodies that operate or carry out operations at the airport (s9).\n- Airlines, freight forwarders, ground handlers and other commercial operators who unload or handle baggage, live animals (in particular horses), and other goods arriving at SYD: where the table in s8 applies, those goods must be taken to the designated biosecurity entry point \"as soon as practicable\" after unloading (note and s147 of the Act).\n- Biosecurity officials and human biosecurity officers, who will use the designated areas to exercise powers and carry out checks.\n\n\nWhy it matters (stated purpose, and practical effect)\n\n- Stated purpose: to establish SYD as a formal first point of entry and to set the places where biosecurity checks for particular goods will occur (ss5–8). That creates a clear legal trigger for part of the Biosecurity Act: for example, landing aircraft or unloaded goods that are subject to biosecurity control must be brought to a designated biosecurity entry point if one exists (see cross‑references to ss147 and 238 of the Act).\n\n- Practical effect: operators and handlers must route certain incoming goods (baggage and live horses under this instrument) to particular terminals/areas for biosecurity processing, and the airport owner/operator must notify the Agriculture Department of changes that could affect biosecurity risk management (s9).\n\n\nCosts, incentives and trade‑offs (concrete mechanisms)\n\n- Who pays: private parties carrying out operations at the airport (airlines, freight handlers, facility operators, livestock handlers, possibly the airport operator) will bear the direct compliance costs of moving goods to the designated areas and of adapting procedures or facilities. The Agriculture Department receives notification and retains regulatory oversight costs.\n\n- Incentives and behaviour changes: by specifying where checks must occur, the instrument nudges commercial operators to plan arrivals/ground handling around those areas. Operators proposing procedural or facility changes that could affect biosecurity risk must give \"reasonable notice\" to the Agriculture Department (s9(4)–(5)), which creates an incentive to consult or coordinate with the Department before changing operations.\n\n- Trade‑offs and opportunity costs: concentration of certain checks at particular terminals may improve Inspectors' efficiency but can increase handling time, terminal congestion or cost for freight handlers and airlines (routing and staging of baggage and live animals). Limiting designated biosecurity entry points to a small set of areas reduces flexibility for operators.\n\n- Implementation and enforcement risks: key terms rely on standards of degree rather than hard deadlines — e.g. \"as soon as practicable\" (note to s8 and s147 of the Act) and \"reasonable notice\" (s9(4)). That gives the Agriculture Department and enforcement officers administrative discretion when assessing compliance, which can create uncertainty for operators about how quickly goods must be moved or how much lead time is required for proposed changes.\n\n- Compliance burden and bureaucracy: owners/lessees must notify the Agriculture Department in writing of actual or proposed changes to operators or biosecurity entry point arrangements (s9(2)–(3) and s9(4)–(5)). The obligation applies to each owner/lessee or, where there are multiple, to an owner/lessee who becomes aware of the change. This can produce repeated notifications and coordination costs where there are multiple stakeholders.\n\n- Effects on private choice and competition: the instrument does not allocate commercial rights or exclusivities to specific private service providers, but by designating particular areas (for example ExecuJet, Terminal 1, T1 Livestock Transfer Facility) it may concentrate demand for handling services at those facilities. That concentration can shift costs between providers (service‑providers at non‑designated areas may lose handling opportunities for the designated classes of goods).\n\n\nNotes on legal operation and cross‑references\n\n- The instrument relies on and activates provisions of the Biosecurity Act 2015: for example, it interacts with section 147 (movement of goods to biosecurity entry points) and section 238 (movement of aircraft to biosecurity entry points) of the Act. Where no biosecurity entry point is designated for a class of arriving aircraft, the obligation in s238 does not apply — reflected here by the explicit non‑designation for aircraft (s7).\n\n\nBottom line (practical takeaway)\n\n- The Determination formally makes SYD a first point of entry and tells operators where certain incoming goods must be processed for biosecurity (baggage and live horses, in the areas listed). It also requires owners/lessees/operators to keep the Agriculture Department informed of changes that might affect biosecurity risk management. That creates clear legal triggers and notification duties but leaves timing standards partly discretionary and may impose modest operational and administrative costs on airport users and the airport operator (ss5–9)."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-sydney-kingsford-smith-airport-determination-2022","history":"/api/acts/biosecurity-first-point-of-entry-sydney-kingsford-smith-airport-determination-2022/history","analysis":"/api/acts/biosecurity-first-point-of-entry-sydney-kingsford-smith-airport-determination-2022/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-sydney-kingsford-smith-airport-determination-2022/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-sydney-kingsford-smith-airport-determination-2022/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-sydney-kingsford-smith-airport-determination-2022/documents"}}