Biosecurity (First Point of Entry—Brisbane West Wellcamp Airport) Determination 2020

This Determination names Brisbane West Wellcamp Airport as a Biosecurity Act 2015 first point of entry, but only for a narrow set of arrivals and with operational conditions attached. It declares the airport a first point of entry for freighter aircraft (s 5) and a first point of entry for goods carried on freighter aircraft, with an express exclusion for live horses (s 6). The instrument was made under subsection 223(1) of the Biosecurity Act 2015 (s 3) and commenced the day after registration (s 2).

Mechanically, the Determination does four things:

• It creates a legal designation: Brisbane West Wellcamp Airport is a first point of entry (FPOE) for specified aircraft and goods (ss 5-6). The designation is limited to freighter aircraft, and does not extend to other aircraft (note following s 5) or to live horses carried on freighter aircraft (s 6).
• It leaves undecided whether any area of the airport is a biosecurity entry point (BEP). The instrument expressly states that it does not designate any area of the airport as a BEP for either aircraft or goods (ss 7-8 notes).
• It imposes ongoing notification conditions on owners, lessees and operational bodies: specified written notice obligations to the Agriculture Department for certain changes (s 9(2)-(5)).
• It links operation at the airport to statutory requirements in the Biosecurity Act by reference, for example by noting obligations to bring aircraft or goods to a BEP where a BEP exists (notes to ss 7-8, which refer to ss 238 and 147 of the Act).

The instrument does not itself create detailed operational procedures, designate BEPs, set fees, or prescribe compliance sanctions; those elements are left to the Biosecurity Act and any subsequent determinations or administrative arrangements. The conditions in s 9 are the only substantive operational obligations in the instrument itself.

Key legal and operational concepts used in the Determination are narrowly defined by cross‑reference to the Biosecurity Act 2015 and by the instrument’s own language.

• First point of entry (FPOE): The instrument designates Brisbane West Wellcamp Airport as an FPOE in respect of freighter aircraft (s 5) and goods carried on freighter aircraft excluding live horses (s 6). The term “first point of entry” is the legal status conferred by the Determination; it interacts with Act provisions that govern what must occur at an FPOE (the instrument cites ss 147, 173-174 and 238 by way of explanatory note).
• Aircraft and goods: The instrument relies on the Act’s definitions. It defines “aircraft” to mean an aircraft as defined in s 9 of the Act and which is subject to biosecurity control; and defines “goods” by reference to s 19 of the Act and then qualifies goods as (a) subject to biosecurity control or (b) subject to an exposed goods order (s 4). The Determination therefore targets items already falling within the Act’s control regimes.
• Biosecurity entry point (BEP): The Determination distinguishes between an airport being an FPOE and parts of an airport being designated BEPs. It expressly does not designate any BEP areas at Brisbane West Wellcamp Airport (notes to ss 7-8). The instrument therefore leaves in place the Act’s requirement that aircraft or goods be brought to a BEP at an FPOE only when a BEP has been designated (note to s 7 citing s 238; note to s 8 citing s 147).
• Notification and procedural changes: Section 9 imposes conditions creating duties to notify the Agriculture Department of changes to ownership or to operational arrangements that affect biosecurity procedures, facilities or the ability to identify or communicate biosecurity risks. Subsections 9(2)-9(5) distinguish between (a) immediate written notice “as soon as practicable” of actual or impending changes to owners or lessees and (b) “reasonable notice” in advance of proposed operational changes by the person or body responsible for carrying out operations (s 9(2)-(4)). Section 9(5) lists the types of changes that must be notified.
• Authority and commencement: The Determination states its legal authority (s 3, made under s 223(1) of the Act) and sets commencement as the day after registration (s 2). The instrument also contains a standard note that the Commencement table relates only to the instrument as originally made (s 2(1)-(2)).

These concepts combine to create a narrowly targeted statutory designation that connects operational actors at the airport (owners, lessees, operators) to the Agriculture Department through notice and consultation obligations, while leaving detailed BEP designation and enforcement mechanics to other instruments or to the parent Act.

The Determination assigns roles and duties to a defined set of participants and also has contingent effects on other parties whose obligations are determined by the existence of biosecurity entry points under the Act.

Directly affected parties:

• Airport owner(s): The instrument requires that an owner, or if there are multiple owners an owner, must give written notice to the Agriculture Department if they become aware of a change to the business entity operating the airport (s 9(2)). This places a primary administrative obligation on owners.
• Lessee(s): Similarly, a lessee, or if multiple lessees a lessee, must give written notice to the Agriculture Department if they become aware of a change to the business entity operating the airport (s 9(3)). This means lessees share notification duties with owners.
• Persons or bodies responsible for carrying out operations at the airport: If such a person or body proposes certain operational changes (as defined in s 9(5)), they must give the Agriculture Department reasonable notice of the proposed change (s 9(4)). The instrument does not define “responsible for carrying out operations”; that label could include airport managers, ground handlers, freight operators, or other contracted service providers depending on actual arrangements at the airport.

Parties whose immediate legal position is changed by the first point of entry designation:

• Operators of freighter aircraft: The airport is a first point of entry specifically for freighter aircraft (s 5). This designation affects where those operators may lawfully bring cargo under the Act, subject to whether BEPs exist at the airport (note to s 7). The Determination explicitly does not make the airport an FPOE for other classes of aircraft (note to s 5).
• Importers, freight forwarders and consignees of goods carried on freighter aircraft: The airport is an FPOE for goods on freighter aircraft other than live horses (s 6). Thus operators involved in import logistics for goods arriving on freighters will have the airport as an FPOE where the goods fall within the Act’s definition (s 4) , goods subject to biosecurity control or subject to an exposed goods order.

Indirect or contingent impacts:

• Carriers of live horses: The instrument expressly states that live horses are excluded from the airport’s first point of entry status for goods brought on freighter aircraft (s 6). Carriers of live horses must therefore rely on other FPOEs or arrangements.

This Determination imposes a small set of express duties on owners, lessees and operational bodies, and creates a legal status that conditions the application of wider statutory duties under the Biosecurity Act.

Express duties in the Determination

• Owners: If an owner becomes aware that there has been, or will be, a change to the business entity operating the airport, that owner must give the Agriculture Department written notice as soon as practicable after becoming aware (s 9(2)). Where there are multiple owners, the duty is framed so that “an owner” must give notice (s 9(2)), meaning only one owner’s notice is statutorily required.
• Lessees: Parallel to the owner duty, a lessee, or if more than one a lessee, must give written notice to the Agriculture Department if they become aware of an actual or impending change to the business entity operating the airport (s 9(3)).
• Persons or bodies responsible for operations: If such a person or body proposes to make changes of the types listed in s 9(5), they must give the Agriculture Department reasonable notice of the proposed change (s 9(4)). This is a prospective notification duty.

The types of changes to be notified are listed in s 9(5) and include:

• Changes to procedures providing for biosecurity measures at the airport (s 9(5)(a)).
• Changes to facilities or amenities available for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act (s 9(5)(b)).
• Changes to procedures that affect the ability of those who carry out operations at the airport to identify biosecurity risks (s 9(5)(c)).
• Changes to procedures that affect the ability of biosecurity officials or human biosecurity officials to be informed of identified biosecurity risks (s 9(5)(d)).
• Changes to procedures for managing any other factors that may contribute to or affect the level of biosecurity risk associated with operations at the airport (s 9(5)(e)).

Rights and legal status conferred by the Determination

• First point of entry status: The airport is legally a first point of entry for freighter aircraft and for goods carried on freighter aircraft other than live horses (ss 5-6). That status interacts with duties under the Biosecurity Act that apply at FPOEs, for example obligations to present aircraft or goods at a BEP if one exists (notes to ss 7-8 referencing ss 238 and 147 of the Act). The Determination itself does not create rights to access or services; it creates a classification that activates other statutory requirements.

The Determination itself does not specify penalties, sanctions or enforcement mechanisms. It operates as a statutory designation and a set of notification conditions, while enforcement and penalties for non‑compliance with obligations created or referenced by the Determination are matters governed by the Biosecurity Act 2015 and the administrative framework under that Act.

What the Determination supplies

• The instrument declares the airport a first point of entry for certain aircraft and goods (ss 5-6) and imposes written notice obligations on owners, lessees and operators (s 9). It is an instrument made under the Act (s 3) and therefore sits within the Act’s enforcement architecture.

What the Determination does not supply

• The Determination does not itself prescribe civil or criminal penalties for failing to comply with the notice obligations in s 9. It does not provide details on inspection powers, seizure, infringement notices, or prosecution procedures. Nor does it set fees or cost recovery.

Where enforcement would be found

• Enforcement of duties that are either created by or made actionable through the Biosecurity Act will be carried out under the Act. The instrument’s notes direct readers to specific Act provisions for related obligations: for instance, the notes to ss 7 and 8 reference the Act’s requirements to bring aircraft or goods to a BEP if a BEP exists at the FPOE (notes citing ss 238 and 147). Any failure to comply with obligations that are part of the Act’s regime (for example, duties to present goods at a BEP once one is designated) would be enforced under the enforcement provisions of the Biosecurity Act.

Practical enforcement implications for affected parties

• For owners/lessees and operational bodies: Because the instrument requires written notifications “as soon as practicable” or “reasonable notice” (s 9), the absence of fixed timeframes creates enforcement uncertainty. Compliance expectations and any enforcement response will be shaped by administrative practice under the Department of Agriculture, Water and the Environment and by relevant provisions of the Biosecurity Act that govern offences and administrative penalties.
• For aircraft operators and importers: The Determination’s FPOE classification can trigger statutory obligations under the Act if and when BEPs are designated at the airport. The instrument’s explicit statement that no BEP has been designated (notes to ss 7-8) means that immediate obligations tied to BEP presentation do not arise from this instrument alone; enforcement would only become relevant if and when a BEP is designated.

The Determination explicitly operates as an instrument under the Biosecurity Act 2015 and therefore interacts with that Act’s regimes, including the classification of goods and aircraft, the role of biosecurity entry points, and the Director’s power to make determinations.

Statutory basis and cross‑references

• Authority: The Determination is made under subsection 223(1) of the Biosecurity Act 2015 (s 3). That identifies the instrument as one of the determinations the Director may make under Part of the Act.
• Definitions: The Determination imports the Act’s definitions where necessary. It states that “aircraft” is as defined by s 9 of the Act and that “goods” is as defined by s 19 of the Act, then qualifies goods further within the instrument as those subject to biosecurity control or to an exposed goods order (s 4).
• BEP and FPOE mechanics: The instrument repeatedly links the FPOE designation to the Act’s separate concept of biosecurity entry points. The notes to ss 7 and 8 point users to ss 238 and 147 of the Act respectively for the rule that aircraft or goods must be brought to a BEP at a first point of entry if a BEP exists. The Determination makes clear it does not itself create BEPs at the airport, so those Act-based duties are not immediately engaged by this instrument alone.

Interaction with Act provisions referenced in the instrument

• Sections 147 and 238 of the Biosecurity Act are cited in notes as governing the BEP presentation requirement for goods and aircraft respectively; the Determination, by not designating BEPs, leaves the operation of those Act provisions conditional and prospective.
• Sections 173 and 174 of the Act are referred to in the note after s 6 in relation to prohibited and conditionally non-prohibited goods, directing that other determinations under those Act sections may affect whether particular goods can be brought into a specific FPOE. This means the Determination sits inside a larger regulatory matrix where separate determinations, orders or regulations under the Act can alter whether individual goods are permitted at an FPOE.

Administrative and operational interactions

• The notification requirements in s 9 create an administrative interface between airport owners/lessees/operators and the Department of Agriculture, Water and the Environment. Those notices will inform departmental decisions about future BEP designations, operational approvals, or directions under the Act.

The Determination contains an explicit commencement table and a note stating that the table relates only to the instrument as originally made (s 2(1)-(2)). The instrument itself does not include any amendments, revocations, or superseding variations within the text provided. Key points from the instrument about its own amendment and commencement are:

• Commencement: The whole instrument commenced the day after registration (s 2 and the accompanying table).
• Original instrument status: The instrument’s note to the commencement table makes clear that the table reflects the original making of the instrument and that published versions of the instrument may include editorial information in column 3 that is not part of the instrument (s 2(1)-(2)). That is an administrative convenience statement rather than a substantive amendment provision.
• No internal amendment clauses: The Determination does not specify mechanisms for amendment within the instrument itself, such as sunset clauses, automatic review periods, or procedures for variation; changes must therefore be made by further determinations or instruments executed under the Biosecurity Act 2015 and the Director’s delegated powers (s 3 identifies the power used to make this instrument).
• No express transitional arrangements: The Determination does not set transitional arrangements for operations, does not provide timeframes for compliance beyond “as soon as practicable” or “reasonable notice” for specific notifications (s 9), and does not contain savings provisions for existing practices. Any transitional effects would be handled administratively or through later instruments.

Practical implications about amendments

• Because the instrument does not designate BEPs and imposes notification duties, it is possible for the Department to amend operational arrangements at a future date by designating BEPs or changing conditions at the airport through separate determinations. The Determination, as a discrete instrument, establishes the airport’s FPOE status in a limited way and leaves room for subsequent administrative action.
• Any change to the Determination itself , for example amending the scope of aircraft or goods covered, adding BEP designations, or changing the notification obligations , would need to be effected by further determinations made under the Biosecurity Act and would be reflected in an amended instrument published and registered under the Act.

Record of amendments

• The text supplied contains no amendment history entries and no later-version annotations. Users should consult the Federal Register of Legislation or the Department’s registers for any subsequent variations, superseding determinations, or revocations not present in the supplied text.

The Determination text supplied contains no references to judicial or tribunal decisions, no references to challenges, and no litigation history. It does not list prior cases, does not cite administrative law decisions, and does not record being the subject of any proceedings.

What to expect if litigation arises

• If a party were to challenge the Determination, proceedings would be under administrative law principles and statutory interpretation of the Biosecurity Act 2015, because the instrument is made under s 223(1) of the Act (s 3). Any judicial or tribunal review would therefore engage the Act’s scheme and the administrative law framework applicable to Commonwealth instruments.
• The Determination’s clarity on certain points , for example the precise scope of the FPOE designation (freighter aircraft only) and the express exclusion for live horses (s 6) , would be material in any challenge. Conversely, the instrument’s use of open-textured standards such as “as soon as practicable” and “reasonable notice” (s 9(2)-(4)) creates scope for factual disputes about compliance which could be litigated.

Absence of cases named in the instrument

• The instrument does not name any legal authorities or cases; the developer instructions require using only the source text as authority. Therefore no case law is cited or summarised in this deep dive.

Practical note

• Because the Determination primarily creates administrative duties and a statutory classification, most compliance issues will be resolved through Departmental correspondence, administrative directions, or compliance actions rather than lengthy litigation. That said, the lack of precise timeframes and the conditional nature of BEP designation provide common grounds for disputes about whether obligations have been met in particular circumstances.

This Determination contains a number of textual features and drafting choices that create discrete compliance uncertainties and potential operational pitfalls for affected parties. These are matters to watch rather than normative judgments.

1. FPOE status without BEP designation

• The Determination makes Brisbane West Wellcamp Airport a first point of entry for freighter aircraft and for goods on freighter aircraft except live horses (ss 5-6). However, the instrument explicitly does not designate any area of the airport as a biosecurity entry point (BEP) for aircraft or goods (notes to ss 7-8). Consequence: duties in the Biosecurity Act that require presentation at a BEP are not immediately activated by this Determination alone. Parties could mistakenly assume operational inspection or processing facilities will be available at the airport when, legally, no BEP exists under this instrument.

2. Narrow scope: freighter aircraft only

• The airport’s FPOE status applies only to freighter aircraft (s 5) and is explicitly not an FPOE for other aircraft (note to s 5). This excludes passenger aircraft and mixed‑use flights unless other determinations are made. Importers and carriers must not assume the airport covers all arrivals.

3. Live horses excluded

• Goods carried on freighter aircraft are covered except live horses (s 6). Carriers of live horses cannot treat this airport as their FPOE under this Determination, and operational plans must reflect that exclusion.

4. “An owner” and “a lessee” formulation

• For owners and lessees the notice duty is framed so that “an owner” (or “a lessee”) must give notice where there are multiple owners/lessees (ss 9(2)-(3)). This drafting choice lowers the number of actors required to act, but creates practical risks: if none of the owners/lessees provides notice, the statutory obligation remains unmet and enforcement or administrative consequences may flow. It also raises the question of which owner or lessee will take responsibility in multi‑party ownership or leasing arrangements.

5. Ambiguous time standards

• The instrument uses “as soon as practicable” for required notices of change (ss 9(2)-(3)) and “reasonable notice” for proposed operational changes (s 9(4)). These are fact‑sensitive standards which create legal uncertainty about punctual compliance. They increase the importance of contemporaneous, dated written communications to the Department.

Compliance under this Determination focuses on the notification duties and on operational preparedness in case BEPs are designated later. The instrument places documentary duties on owners, lessees and operational bodies and creates a need for procedural clarity and record-keeping.

Immediate steps (administrative)

1. Identify responsible parties

• Map the ownership, leasing and operational arrangements for Brisbane West Wellcamp Airport to determine which legal entities are “owner”, “lessee” and “person or body responsible for carrying out operations” for the purposes of s 9. Where multiple owners or lessees exist, ensure at least one identified owner and one identified lessee is prepared to discharge the written notice duties (ss 9(2)-(3)).

2. Establish notice procedures

• Put in place written notice procedures that allow owners and lessees to notify the Agriculture Department “as soon as practicable” after becoming aware of an actual or impending change to the business entity operating the airport (ss 9(2)-(3)). Because the Determination does not fix a timeframe, adopt an internal standard , such as sending notice within 48-72 hours of becoming aware , and document the reasons and timing of awareness to support compliance records.

3. Define “reasonable notice” for proposed changes

• For operational changes (s 9(4)), set internal standards for what counts as “reasonable notice”, tailored to the nature of the change. Larger changes that affect facilities or biosecurity procedures should have longer lead times. Communicate these standards to contractual partners and to the Department where appropriate.

4. Draft template notices and record-keeping

• Prepare template written notices for the types of changes listed in s 9(5) to ensure timely and sufficiently informative communications. Maintain dated records of notices sent and any replies received from the Agriculture Department.

Operational preparedness 5. Audit biosecurity procedures and facilities

• Conduct an internal audit against s 9(5) categories to identify procedures, facilities and amenities that currently enable biosecurity officials and human biosecurity officers to perform their functions (s 9(5)(b)-(d)). Where gaps exist, plan remedial steps and include timeframes for notice to the Department where changes are proposed.