Biosecurity (First Point of Entry—Canberra Airport) Determination 2019

The instrument uses several statutory concepts drawn from the Biosecurity Act 2015 and applies them to Canberra Airport. These concepts are defined in the instrument where necessary, and otherwise the instrument relies on the Act’s definitions.

First point of entry: The instrument declares Canberra Airport to be a first point of entry in two senses. For aircraft generally, Canberra Airport is a first point of entry (s 5). For goods, Canberra Airport is a first point of entry except for live horses (s 6). The instrument does not itself set out the Act’s substantive implications of being a first point of entry; it invokes the Act’s mechanisms by reference (for example, the notes refer to s 147 regarding unloading and to ss 173 and 174 regarding prohibited or conditionally non‑prohibited goods). The authority for making the determination is subsection 223(1) of the Act (s 3).

Biosecurity entry point: A biosecurity entry point is an area at a first point of entry to which incoming aircraft or goods must be brought if there is a biosecurity entry point for them at that first point of entry. The instrument expressly states that it does not designate any area as a biosecurity entry point for aircraft (s 7, note). For goods, the instrument designates particular areas as biosecurity entry points for the class of goods labelled “baggage” , the Canberra Airport International Terminal, the Corporate Air Terminal and the VIP Terminal, Defence Establishment Fairbairn (s 8 and the table). The table structure pairs a class of goods (column 1) with the areas designated for those goods (column 2).

Goods and aircraft definitions: The instrument provides in s 4 that “Act” means the Biosecurity Act 2015. It defines “aircraft” by reference to the Act’s definition in s 9, stating an aircraft subject to biosecurity control is within scope. It defines “goods” by reference to s 19 of the Act, and includes goods that are subject to biosecurity control or for which an exposed goods order is in force (s 4). That means the instrument’s biosecurity entry point designations operate against the Act’s substantive regime for biosecurity‑controlled goods and exposed goods orders.

Operational conditions and notification: Section 9 sets conditions attaching to the designation of Canberra Airport as a first point of entry. Owners and lessees must give written notice to the Agriculture Department “as soon as practicable” if they become aware of changes to the business entity operating the airport or a biosecurity entry point (s 9(2)-(3)). Persons or bodies responsible for airport operations must give the Department “reasonable notice” of proposed changes that affect specified procedural, facility or information flows relevant to biosecurity officials’ ability to perform their functions (s 9(4)-(5)). The listed categories in s 9(5) are procedural changes that affect biosecurity measures, facilities or amenities for biosecurity officials or human biosecurity officers, the ability of persons to identify biosecurity risks, the ability of officials to be informed of identified risks, and changes to management of other factors that may affect biosecurity risk. Those categories form the defined scope of operational changes that require “reasonable notice”.

Commencement and instrument status: The instrument commenced in full on 16 June 2019 (s 2). The commencement table is limited to the instrument as originally made; the instrument explicitly states that the table will not be amended to deal with later amendments (s 2(1) note). That limits the instrument’s own record of subsequent amendments within its text.

Interaction cues to the Act: The instrument repeatedly points users to the Biosecurity Act 2015 for related substantive obligations and mechanics. Examples include the notes referring to ss 147, 173 and 174, and the cross‑reference to s 238 concerning bringing aircraft to a biosecurity entry point where one is designated (s 7, note). Thus the instrument is designed to operate as a specific local designation plugged into the Act’s broader statutory mechanics.

In sum, the main concepts are designation of first point of entry; designation of particular airport areas as biosecurity entry points for baggage; definitions linking the instrument to the Act’s definitions of aircraft and goods; and notification and consultation conditions aimed at keeping the Department informed about operational and organisational changes that could affect biosecurity risk management at the airport (ss 3-9).

The instrument explicitly and implicitly affects several identifiable classes of actors. The statutory text sets duties on some of those actors and alters obligations that apply under the Act where a first point of entry and biosecurity entry points exist.

Primary parties with explicit duties in the instrument:

• Owners of Canberra Airport. Section 9(2) requires an owner, or where there is more than one, an owner, to give written notice to the Agriculture Department as soon as practicable after becoming aware that there has been, or will be, a change to the business entity operating Canberra Airport or a biosecurity entry point at the airport.
• Lessees of Canberra Airport. Section 9(3) imposes a parallel obligation on a lessee, or where there is more than one, a lessee, to give written notice to the Department in the same circumstances.
• Persons or bodies responsible for carrying out operations at Canberra Airport. Section 9(4) requires these actors to give the Agriculture Department reasonable notice of proposed operational changes of the type listed in s 9(5).

Operationally affected parties:

• Airlines and aircraft operators. The instrument designates Canberra Airport as a first point of entry for aircraft generally (s 5). Where the Act creates obligations that attach to aircraft at a first point of entry (for example requirements to bring an aircraft to a biosecurity entry point where one is designated, as referenced in the instrument’s note to s 7 and the cross‑reference to s 238 of the Act), those obligations will apply to aircraft arriving at Canberra Airport. The instrument itself does not designate any biosecurity entry point for aircraft, but the first point of entry status is relevant to how the Act’s movement and inspection powers operate at Canberra Airport.
• Importers, cargo handlers, baggage handlers and freight forwarders. By designating Canberra Airport as a first point of entry for goods generally except live horses (s 6), and by making specific areas biosecurity entry points for baggage (s 8 and table), the instrument brings baggage and goods handling operations into the Act’s framework where the Act requires goods unloaded from an aircraft to be brought to a biosecurity entry point as soon as practicable (note to s 8 referencing s 147). Those obligations will affect handling and logistics processes.
• Biosecurity officials and human biosecurity officers. The instrument’s conditions (s 9(5)(b) and (d)) refer directly to facilities, amenities and procedures required for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Canberra Airport, meaning their access to facilities and information flows is implicated by the airport’s operational arrangements and must be considered by airport owners, lessees and operators.
• Passengers, incoming travellers and holders of baggage. Because baggage is the class of goods for which biosecurity entry points are specifically designated and because the Act’s unloading rules (s 147) apply when goods are to be unloaded, passengers and their baggage are directly affected in the sense that baggage handled at the designated areas is subject to the biosecurity control regime that attaches at a first point of entry.

Indirectly affected parties:

• Tenants and service providers within the airport precinct. Changes to procedures, facilities and information flows required by the notification conditions (s 9(4)-(5)) will involve tenants and service providers who perform ground handling, security, facility management and information systems work.
• Defence and VIP operators at the VIP Terminal and Defence Establishment Fairbairn. The inclusion of the VIP Terminal, Defence Establishment Fairbairn as a designated biosecurity entry point for baggage (s 8 table) means operations in those constrained areas are within the instrument’s reach.

Who pays and who decides: The instrument allocates procedural decision‑making and reporting duties to owners, lessees and operationally responsible parties (s 9). The Department of Agriculture, referred to as the Agriculture Department in the instrument, is the recipient of notifications and the administrative decision node for assessing changes relevant to the first point of entry designation. The instrument does not itself create fees, nor does it specify enforcement sanctions; it relies on the Act for enforcement mechanisms.

In short, the instrument places compliance and notification costs on airport owners, lessees and operational managers, imposes practical obligations on baggage and goods handlers, and affects the operational environment for biosecurity officials at Canberra Airport (ss 5-9).

The instrument imposes a small set of duties and clarifies where the Act’s duties will be engaged by designation. It does not create new criminal offences or civil penalties within its text. Key duties and associated rights or consequences, with statutory references, are set out below.

Duties created or invoked by the instrument:

• Duty to treat Canberra Airport as a first point of entry for aircraft generally (s 5). The instrument’s declaration triggers whatever statutory duties under the Biosecurity Act attach to a first point of entry for aircraft. The instrument itself does not enumerate those duties; it cross‑refers to the Act for operative obligations (s 7 note referring to s 238).
• Duty to treat Canberra Airport as a first point of entry for goods other than live horses (s 6). This leads to the Act’s cargo and goods regime applying to Canberra Airport in circumstances the Act specifies.
• Duty to bring goods to a biosecurity entry point as soon as practicable when they are to be unloaded from an arriving aircraft, but only where a biosecurity entry point for those goods is designated at the first point of entry (note to s 8 referring to s 147). The instrument specifically designates baggage biosecurity entry points; therefore baggage that is unloaded must be brought to the designated biosecurity entry point “as soon as practicable” consistent with s 147 of the Act.
• Notification duties on owners and lessees. If an owner or lessee becomes aware of a change to the business entity operating Canberra Airport or a biosecurity entry point, the owner or lessee must give the Agriculture Department written notice “as soon as practicable” after becoming aware (s 9(2)-(3)).
• Notice duty for proposed operational changes. A person or body responsible for carrying out operations at Canberra Airport must give the Agriculture Department written “reasonable notice” of proposed changes listed in s 9(5) that may affect biosecurity risk management or the ability of officials to exercise their functions (s 9(4)-(5)).

Rights and administrative positions implicit in the instrument:

• The Department of Agriculture is the administrative recipient of information and, implicitly, the decision node for any follow‑up administrative steps. The instrument does not define a decision right for the Department in relation to the designation, other than that the designation is subject to the conditions in s 9.
• Biosecurity officials retain the powers and functions conferred by the Act, and the instrument’s conditions explicitly cater to facilitating those powers at Canberra Airport (s 9(5)(b) and (d)). The instrument’s text places an onus on airport owners, lessees and operators to notify changes that would affect those functions, which supports biosecurity officials’ operational rights under the Act.

Ambiguities or open terms in duties:

• “As soon as practicable” and “reasonable notice” are the operative time standards for notification duties in s 9(2)-(4). Neither term is defined in the instrument, and the instrument does not prescribe specific timeframes. Consequently the required timing of notices is fact‑sensitive and will be determined by the context and, where relevant, by administrative practice or subsequent Department guidance.
• The instrument refers to the Act’s provisions (for example s 147 and s 238) for some operational obligations. The instrument therefore imports application‑level duties by reference rather than restating them, which means the full scope of duties for operators, carriers, importers and handlers is found in the Act, not the instrument.

Scope limitations on duties:

• The instrument designates baggage areas as biosecurity entry points for baggage only (s 8 table). It does not designate biosecurity entry points for other goods, and explicitly states the unloading requirement in s 147 of the Act does not apply to other goods for which Canberra Airport is a first point of entry (note to s 8). That limits the immediate operational footprint of the instrument to baggage, and to the first point of entry status for aircraft and goods generally, absent further designations.

In summary, the instrument obliges airport owners, lessees and operators to notify the Agriculture Department about organisational and operational changes affecting biosecurity risk, requires that baggage be brought to designated baggage biosecurity entry points when unloaded (via the Act’s s 147), and places Canberra Airport within the Act’s first point of entry regime for aircraft and most goods (ss 5-9).

The determination itself does not create explicit penalty provisions or prescribe enforcement mechanisms within its text. It is a determination made under subsection 223(1) of the Biosecurity Act 2015 (s 3), and it operates as an instrument that plugs into the Act’s enforcement framework. The instrument therefore relies on the Biosecurity Act for any penalty, compliance or enforcement consequences that follow from a failure to comply with duties that the Act imposes at a first point of entry or in relation to biosecurity entry points.

What the instrument does state about enforcement and obligations:

• By designating Canberra Airport as a first point of entry (ss 5-6) and by designating certain areas as biosecurity entry points for baggage (s 8), the instrument triggers application of Act provisions that regulate movement, unloading and control of aircraft and goods at first points of entry. The instrument’s notes explicitly cross‑refer to sections of the Act that govern those matters, including s 147 on unloading goods and s 238 on bringing aircraft to a biosecurity entry point (note to s 7 and note to s 8). Any enforcement action for non‑compliance with those Act provisions would therefore be undertaken under the Act rather than under this instrument.
• The instrument imposes administrative duties to notify the Agriculture Department under s 9. It does not itself state the consequences of failing to provide the required written notices “as soon as practicable” or “reasonable notice”. The Act, not the instrument, would prescribe the enforcement response to any breach of statutory obligations connected to a first point of entry designation, if the Act provides such consequences.

Practical implications of enforcement being left to the Act:

• Because the instrument cross‑refers to and depends on the Act, enforcement will follow the Act’s structure. The instrument does not broaden or narrow the Act’s enforcement powers expressly in its text; it simply creates the factual condition , Canberra Airport’s designation , which, under the Act, may give rise to enforcement triggers.
• For actors seeking clarity on penalties, the relevant Act provisions must be consulted. The instrument itself contains no schedule of administrative, civil or criminal penalties, nor does it establish specific compliance monitoring regimes or inspection practices within its text.

Administrative follow‑through and discretion:

• The instrument places the Department of Agriculture in an information‑receiving role for notices about changes to ownership, lessees, or operations that may affect biosecurity risk (s 9). It does not specify the Department’s subsequent steps, review powers, or any approval or veto rights; those functions, if any, would derive from the Act or from administrative practice and policy implemented by the Department.

In sum, the instrument creates designations and notification duties but does not itself set out penalties or an independent enforcement mechanism. Enforcement and any penalties will be matters for the Biosecurity Act 2015 and the Department’s exercise of powers under that Act, as the instrument consistently cross‑refers to the Act for the operative legal consequences of the first point of entry and biosecurity entry point designations (s 3; notes to ss 7 and 8).

The instrument is explicitly framed as a delegated instrument under the Biosecurity Act 2015 and is structured to operate within that Act’s framework. It contains multiple cross‑references to provisions of the Act and therefore interacts with the Act in specific, limited ways.

Direct statutory interaction:

• Made under subsection 223(1) of the Biosecurity Act 2015. The instrument’s authority comes from that subsection (s 3). Its legal effect is therefore derivative: it depends on the Act’s delegation for power to make designations of first points of entry and biosecurity entry points.
• Definitions in the instrument refer to the Act for core meanings. Section 4 states that several expressions are defined in s 9 of the Act, and defines “aircraft” and “goods” by reference to the Act’s definitions (s 4). This means interpretation of those terms within the instrument must be done in light of the Act’s definitions.
• The instrument points to specific operative sections of the Act for downstream duties. The note to s 7 references s 238 of the Act regarding the requirement to bring an aircraft to a biosecurity entry point at a first point of entry when one is designated. The note to s 8 references s 147 concerning the obligation to bring goods unloaded from an aircraft to a biosecurity entry point “as soon as practicable” where one is designated, and the instrument directs readers to ss 173 and 174 of the Act for matters concerning prohibited goods and conditionally non‑prohibited goods. Accordingly, the instrument triggers and is constrained by those Act provisions.

Scope limits in respect of other regulatory regimes:

• The instrument does not purport to alter customs, immigration, aviation safety, Defence, or other regulatory schemes directly. It designates particular airport status under the Biosecurity Act only. Where other regulators have overlapping operational requirements , for example security at VIP or Defence terminals , the instrument does not override or displace those non‑biosecurity obligations; it simply makes the airport and specified areas relevant to the Biosecurity Act. Operators therefore continue to be subject to their separate statutory obligations.

Administrative coordination:

• The instrument places notification duties on owners, lessees and operational actors to provide information to the Agriculture Department about changes to operations, facilities or business entities (s 9). This creates an administrative interface between airport governance and the Department, and may require coordination with other government agencies or statutory regimes that govern airport operations or Defence establishments. The instrument includes the Defence Establishment Fairbairn as a designated baggage biosecurity entry point, which means the Department’s biosecurity remit interfaces with operations in a Defence setting.

Interpretative dependencies:

• Because the instrument imports definitions and operational provisions from the Act without repeating them, users must consult the Act to determine the full legal effect of the designation. For example, the instrument does not itself define what it means for goods to be “subject to biosecurity control” or what powers biosecurity officials have at a biosecurity entry point; those questions are governed by the Act’s definitions and operative provisions (s 4 and cross‑references).

Procedural law and administrative law consequences:

• The instrument’s notification requirements create administrative obligations that will interact with administrative law principles where the Department exercises discretion based on notifications. The instrument does not specify appeals, merits review, or judicial review mechanisms; those are subject to the Act and general administrative law.

In short, the instrument is an interstitial, Act‑specific instrument: it operates by invoking and relying on the Biosecurity Act 2015, it imports the Act’s definitions and operative sections, and it creates administrative links between Canberra Airport operators and the Agriculture Department without displacing other legal regimes that affect the airport.

The instrument’s own text records only its original commencement and includes a note limiting the commencement table to the instrument as originally made. The amendment history in the instrument is therefore narrow.

Commencement and original making:

• The instrument commenced on 16 June 2019; the commencement table records that the whole of the instrument commenced on that date (s 2). The instrument also records the date the delegate signed it, 7 June 2019, and identifies the delegate as Dean Merrilees, Assistant Secretary, Compliance Division, Department of Agriculture.

Limits on in‑instrument amendment record:

• Section 2(1) contains a note indicating that the commencement table relates only to the provisions of the instrument as originally made and will not be amended to deal with any later amendments of the instrument. That means the instrument itself does not purport to carry a running amendment log inside the body of the instrument. Any later amendments to the instrument would be reflected in updated published versions external to the instrument text rather than by revising the embedded commencement table.

No subsequent amendments recorded in the instrument:

• The instrument text provided includes no later amendments, revocations, or variations. The instrument’s structural note on the commencement table anticipates later changes but does not itself record them.

Practical consequence for users:

• To ascertain whether the instrument has since been amended, repealed or superseded, a user must consult the authoritative legislative or instrument register where amended versions would be published. The instrument’s internal text warns that the table will not be amended to reflect later changes, so the instrument does not provide a self‑contained amendment history.

Constraints on retrospective effect:

• The instrument’s commencement clause indicates the date from which the instrument took effect (16 June 2019). The instrument contains no clauses purporting to create retrospective effect beyond that commencement mechanism. Any change in that respect would require an amendment to the instrument or to the Act’s delegation, neither of which is recorded in the instrument.

In brief, the instrument documents its original making and commencement date only, and contains a caveat that its internal commencement table is not an ongoing history of amendments. The instrument as provided therefore contains no recorded post‑making amendment history (s 2).

The instrument’s text contains no record or reference to any litigation, judicial consideration, or legal challenges. It is a delegated administrative instrument of limited scope and the instrument does not include any footnotes or references to cases.

What can be said from the instrument itself:

• There is no litigation history contained in this instrument. The instrument does not identify any disputed matters, does not refer to litigation in its explanatory notes, and does not summarise any judicial interpretation.
• Because the instrument operates by reference to the Biosecurity Act 2015 and implements particular designations and notice conditions at a specific airport, any litigation concerning its operation would arise under the Act or general administrative law. However, the instrument gives no indication that such litigation has occurred or been contemplated at the time it was made.

How to determine whether litigation has since arisen:

• The instrument itself advises the reader to consult the Act for operative duties and references. To learn whether any legal proceedings or judicial review applications have arisen in relation to this determination, the reader must search administrative law and judicial databases, or the Department of Agriculture’s records. The instrument contains no internal trail for post‑making litigation.

Implications of an absence of recorded litigation:

• The lack of litigation references in the instrument does not affect its legal force. The instrument is a legislative instrument made under the Act and commenced on its stated date. Whether its terms have been subject to judicial interpretation or challenge is a separate matter not recorded in the instrument.

In sum, the instrument records no litigation history, and any enquiries about subsequent judicial treatment must be pursued outside the instrument text itself.

The instrument is brief and targeted, but it contains several features and drafting choices that create practical traps for airport operators, tenants, service providers and compliance advisers. The following are concrete points drawn from the instrument’s text that require attention.

1. Narrow designation for goods: baggage only

• The instrument designates biosecurity entry points for goods only in respect of “baggage” and lists three areas (s 8 and the table). It explicitly does not designate biosecurity entry points for other goods, so the automatic unloading requirement in s 147 of the Act applies only to the baggage class where baggage is being unloaded (note to s 8). That means that if handlers or operators treat other freight as though it must be brought to the baggage biosecurity entry points, they may be misapplying the instrument. Conversely, if an operator assumes all goods are outside the s 147 unloading requirement simply because only baggage is listed, they may miss cases where the Act itself requires treatment as biosecurity goods. The instrument’s cross‑references create a split responsibility that must be navigated by consulting the Act.

2. Exclusion of live horses

• The instrument makes Canberra Airport a first point of entry for goods “other than live horses” (s 6). That explicit carve‑out requires attention in any freight planning or in third‑party contracts where live animals might be involved. It also means operators cannot rely on the airport’s first point of entry status for live horses and must treat any live horse importation as outside the scope of this instrument’s designation.

3. No biosecurity entry points for aircraft designated

• The instrument expressly states it does not designate any area of Canberra Airport as a biosecurity entry point for aircraft (s 7, note). Yet it declares Canberra Airport a first point of entry for aircraft generally (s 5). Those two facts together mean obligations in the Act concerning bringing aircraft to a biosecurity entry point (s 238 of the Act referenced in the note to s 7) will not be engaged at Canberra Airport unless and until a biosecurity entry point for aircraft is designated. Operators must not assume that first point of entry status alone means aircraft are subject to immediate landing location requirements under the Act at this airport.

4. Timing standards are open: “as soon as practicable” and “reasonable notice”

• The notification duties on owners and lessees are triggered when they “become aware” and require written notice “as soon as practicable” (s 9(2)-(3)). Proposed operational changes require “reasonable notice” (s 9(4)). Those are common legal standards but are fact‑sensitive and leave airlines, owners and operators uncertain about exact timeframes. Absent Department guidance, parties will need internal policies to define operational thresholds, but any such policies are administrative choices and may be tested if contested.

5. Responsibility allocation where multiple owners or lessees exist

• The instrument uses the phrase “an owner (or, if there is more than one owner, an owner)” and mirror wording for lessees (s 9(2)-(3)). That drafting imposes the duty on any single owner or lessee, not on all owners jointly. In practice, this could create coordination challenges and strategic incentives: a single owner could discharge the notice obligation on behalf of the others, but disputes could arise over who is responsible for seeing that notice is given.

6. Defence and VIP terminal considerations

• The inclusion of the VIP Terminal, Defence Establishment Fairbairn as a designated baggage biosecurity entry point (s 8 table) raises practical access and coordination issues between the Department and Defence or VIP facility managers. Owners and operators in those specialised facilities will need to reconcile security and access protocols with the Department’s requirements. The instrument does not resolve potential conflicts; it merely places those areas within the instrument’s biosecurity mapping.

7. Department follow‑up is unspecified

• The instrument requires notices to be given to the Agriculture Department but does not specify what the Department will do on receipt , no approval, no mandatory response, no timeframe for Department action is set out in the instrument. The absence of a defined administrative response process creates uncertainty for operators planning changes that require “reasonable notice”.

8. Instrument does not state penalties

• The instrument contains no penalty provisions (see Penalties and enforcement section). Non‑compliance consequences will derive from the Act. Parties unfamiliar with the Act’s enforcement mechanics might mistakenly assume the instrument creates its own sanctions; it does not.

9. Reliance on the Act for substantive obligations

• Numerous operational obligations are referenced by cross‑reference to the Act (notes to ss 7 and 8). Users who rely only on this instrument without consulting the Act may miss substantive obligations. For example, whether certain goods are “prohibited” or “conditionally non‑prohibited” depends on ss 173 and 174 of the Act, not the instrument.

10. No internal amendment log

• The instrument’s commencement table will not be updated to reflect later amendments (s 2(1) note). Practitioners must verify whether the instrument remains in force in its original form by consulting the legislative register. Relying on a static copy of the instrument could produce errors if the instrument has since been amended or repealed.

These are concrete operational and legal points that arise from the instrument’s drafting choices and its limited scope. Each creates a point at which compliance or governance decisions require careful attention and the Act must be consulted.

The instrument prescribes a small set of compliance points. Compliance requires actions by owners, lessees and operational managers at Canberra Airport, and an understanding of the Act’s cross‑referenced mechanisms. The following steps are grounded in the instrument’s wording and identify practical measures consistent with the instrument’s obligations.

1. Confirm the instrument applies to the relevant activities

• Read ss 5-8 carefully. Canberra Airport is declared a first point of entry for aircraft generally (s 5) and for goods other than live horses (s 6). The baggage areas listed in s 8 are the only locations designated as biosecurity entry points for goods by this instrument. Confirm that the class of goods (baggage) and specific areas are relevant to your operations before proceeding.

2. Establish responsibility for notices

• The instrument requires written notices to the Agriculture Department from “an owner” where there are multiple owners, and from “a lessee” where there are multiple lessees (s 9(2)-(3)). Decide which legal entity or named individual is responsible for monitoring changes in ownership, lessee arrangements and operational responsibility, and for giving the required notices. Document this allocation in governance or lease management records.

3. Create internal procedures for “as soon as practicable” notices

• Develop an incident escalation and notification protocol that triggers a written notice to the Agriculture Department whenever an owner or lessee becomes aware of a change to the business entity operating the airport or a biosecurity entry point (s 9(2)-(3)). Given the open standard “as soon as practicable”, err on the side of promptness. The notice should identify the nature of the change, the entities involved, the effective date and contact details for any follow‑up.

4. Create a process for “reasonable notice” of proposed operational changes

• Section 9(4) requires “reasonable notice” for proposed changes described in s 9(5). Those changes include procedural changes affecting biosecurity measures, facility or amenity changes for biosecurity officials, changes affecting identification of biosecurity risks, changes affecting information flows to biosecurity officials, and changes to management of other risk factors (s 9(5)(a)-(e)). Develop an internal approval and notification timetable for proposals in these categories so that the Department receives advance notice that the airport intends to make changes. Although the instrument does not specify a timeframe, internal policy should define a period that is operationally realistic and conservative to reduce the risk of late notice.

5. Draft form‑style notices

• While the instrument does not prescribe a format, produce template written notices that contain: (a) a clear description of the change or proposed change; (b) the party making the change; (c) the date the party became aware or the proposed effective date; (d) the contact person; and (e) the operational implications for biosecurity officials (for example changes to facilities, amenities, or procedures). Keep copies of notices and proof of delivery to the Agriculture Department.

6. Coordinate with baggage handling and security

• Ensure baggage handling processes route baggage to the designated biosecurity entry points where baggage is unloaded (s 8 and note to s 8). Review contracts with ground handlers and adjust procedures to ensure baggage destined to be unloaded from arriving aircraft is taken “as soon as practicable” to the designated areas consistent with s 147 of the Act as referenced in the instrument’s note. Confirm with the Department whether additional procedural expectations or liaison arrangements exist.

7. Liaise with Defence and VIP facility managers

• Where operations touch the VIP Terminal, Defence Establishment Fairbairn, or Corporate Air Terminal, coordinate access, security and biosecurity arrangements early. The instrument includes these locations as designated baggage biosecurity entry points (s 8 table), so ensure Defence and VIP managers are aware of the obligation to facilitate any necessary access by biosecurity officials and information flows required by s 9(5)(b) and (d).

8. Maintain records and audit trails

• Keep contemporaneous records of all notices, acknowledgements from the Agriculture Department (if any), internal decision memos, and operational change proposals. The instrument’s duties are time‑sensitive (“as soon as practicable” and “reasonable notice”) and documentation will be the primary evidence of compliance.

9. Train staff and tenants

• Provide training for airport operations staff, baggage handlers, airlines, freight forwarders and tenants on the instrument’s scope and the practicalities of routing baggage to the designated biosecurity entry points. Ensure the teams know the internal triggers that prompt a written notice to the Department.

10. Consult the Biosecurity Act for substantive duties

• The instrument relies on the Act for substantive obligations and enforcement (notes to ss 7 and 8; s 3). Ensure legal compliance programmes include the relevant provisions of the Biosecurity Act 2015 , for example, the Act’s sections on unloading, prohibited goods and aircraft biosecurity entry points , because the instrument does not restate them.

11. Seek clarity from the Department where necessary

• If there is uncertainty about what constitutes “reasonable notice”, whether a proposed change falls within s 9(5), or how the Department will respond to notices, request clarification in writing from the Agriculture Department. The instrument does not set a procedural response framework, so written departmental guidance will reduce operational risk.

12. Review leases and contractual arrangements

• Check leases, service contracts and concession arrangements to ensure they require tenants and contractors to comply with the airport’s obligations under the instrument. Amend contracts where necessary to allocate costs and responsibilities for compliance, notification and cooperation with biosecurity officials.

13. Keep an eye on amendments

• The instrument’s commencement table will not be updated to reflect later amendments (s 2(1) note). Regularly check the authoritative legislative instrument register to confirm the instrument’s current status and to see whether further designations or requirements have been made.

Following these steps aligns airport governance and operational procedures with the instrument’s requirements and with the cross‑referenced obligations in the Biosecurity Act 2015. The instrument’s obligations are largely procedural and information‑flow focused, but they sit within a substantive Act that imposes operational controls; compliance therefore requires an integrated approach that combines prompt notification, procedural alignment for baggage handling, and ongoing liaison with the Agriculture Department (ss 5-9).