Biosecurity (First Point of Entry—Norfolk Island International Airport) Determination 2023

The instrument uses a small set of technical concepts and ties them to the statutory terms defined in the Biosecurity Act 2015. Several definitions appear within the instrument; others are explicitly imported by reference to the Act (the instrument states "Note: A number of expressions used in this instrument are defined in section 9 of the Act" in s 4). The main concepts in the instrument are:

• First point of entry: The instrument designates Norfolk Island International Airport as a first point of entry for aircraft generally (s 5), and as a first point of entry for two classes of goods (s 6). The instrument does not define the term within its text but relies on the Act for statutory meaning (s 4 note).

• Goods, general goods, baggage and waste: The instrument defines "goods" by reference to section 19 of the Act and narrows to goods that are either subject to biosecurity control or subject to an exposed goods order (s 4). "General goods" is defined as goods other than baggage, live horses or waste (s 4). "Baggage" is treated as a category in the instrument (s 6 and s 8 table). "Waste" is defined within the instrument as goods that are subject to biosecurity control and intended by the person in charge of the aircraft to be disposed of (s 4).

• Biosecurity entry point: The instrument designates specific areas of the airport as biosecurity entry points for certain classes of goods (s 8). It expressly states that it does not designate any part of the airport as a biosecurity entry point for aircraft (s 7). The instrument repeats statutory cross-references: the obligation to bring goods to a biosecurity entry point upon unloading if there are biosecurity entry points for those goods (note to s 8 refers to s 147 of the Act), and the obligation for aircraft to be brought to a biosecurity entry point at a first point of entry if a biosecurity entry point exists there (note to s 7 refers to s 238 of the Act).

• Notification and reasonable notice conditions: Section 9 imposes continuing conditions tied to the airport's status 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 a change to the business entity operating the airport or a biosecurity entry point (s 9(2)-(3)). Persons or bodies responsible for carrying out operations must give the Agriculture Department "reasonable notice" of proposed changes that affect specified biosecurity-related procedures, facilities, or communications (s 9(4)-(5)).

• Delegated administrative instrument: The instrument is made under a specific subsection of the Act (subsection 223(1)), indicating that it is a statutory determination rather than primary legislation (s 3). The signature block identifies the delegate who made the determination.

These concepts determine the immediate legal relationships created by the instrument: designation status, the limited scope of biosecurity entry points, and notification duties. The instrument does not reproduce the Act’s definitions beyond those included in s 4, so users must consult the referenced sections of the Biosecurity Act 2015 for the statutory meaning and for related obligations or powers that the instrument mentions in notes.

The instrument creates duties and operational effects that fall on several distinct groups; those groups and the textually grounded burdens are as follows:

• Owners of Norfolk Island International Airport: Subsection 9(2) requires an owner, or if there is more than one owner, an owner, to give written notice to the Agriculture Department as soon as practicable on becoming aware that there has been, or will be, a change to the business entity operating the airport or a biosecurity entry point at the airport. That imposes a reporting duty that owners must meet.

• Lessees of Norfolk Island International Airport: Subsection 9(3) mirrors the owners’ obligation for lessees. If there is a lessee (or multiple lessees), a lessee must give written notice to the Agriculture Department as soon as practicable upon becoming aware of the same categories of change described in s 9(2). Lessees therefore have the same immediate written-notice duty as owners.

• Persons or bodies responsible for carrying out operations at the airport: Subsection 9(4) places a proactive duty on a person or body responsible for operations to give the Agriculture Department reasonable notice of proposed changes described in subsection 9(5). The specified changes include alterations to procedures for biosecurity risk management, to facilities or amenities available to biosecurity officials and human biosecurity officers, and to procedures affecting identification, notification or management of biosecurity risks (s 9(5)(a)-(e)). This group includes operators and contractors who run airport operations and must plan around the "reasonable notice" requirement.

• Aircraft operators and masters / persons in charge of aircraft: The instrument declares Norfolk Island International Airport a first point of entry for aircraft generally (s 5). While the instrument does not designate a biosecurity entry point for aircraft (s 7), it cross-references the statutory rule that an aircraft must be brought to a biosecurity entry point at a first point of entry if a biosecurity entry point for the aircraft exists there (note to s 7, citing s 238 of the Act). Where such a biosecurity entry point exists for particular aircraft, operators and those in charge will be affected by the associated statutory requirement; however, this determination does not itself create a designated aircraft biosecurity entry point.

• Passengers and baggage handlers: Baggage is a class of goods for which the airport is a first point of entry (s 6). The instrument designates the Norfolk Island International Terminal as the biosecurity entry point for baggage (s 8 and the table). The note to s 8 refers to the Act’s requirement that goods unloaded from an aircraft be brought to a biosecurity entry point as soon as practicable (citing s 147 of the Act). Therefore, passengers and baggage handlers will be directly affected where baggage must be taken to the specified biosecurity entry point.

• Importers and consignees of general goods: The airport is a first point of entry for "general goods" (s 6), but the instrument does not designate a biosecurity entry point for general goods (note to s 8). The instrument’s treatment differentiates baggage (which has a designated arrival area) from other general goods, so importers and consignees of general goods may face different logistics and clearance expectations compared with baggage.

• The Agriculture Department (Department of Agriculture, Fisheries and Forestry): The instrument creates a flow of information and notice to the Agriculture Department (s 9). The Department is the recipient of written notices and of reasonable advance notice of proposed changes; it therefore gains situational awareness and a consultative role in operational changes at the airport.

The instrument therefore distributes obligations unevenly: owners, lessees and operational providers must notify the Department about entity and procedural changes; baggage handlers and passengers must bring baggage to the designated terminal; aircraft operators are affected by the airport’s first-point-of-entry status but are not subjected by this instrument to a designated aircraft biosecurity entry point at the airport.

The instrument imposes express duties and creates particular operational rights by designation. The duties and rights that follow are grounded in the instrument text.

Duties imposed by the instrument:

• Owners’ notice duty: Under s 9(2), an owner (or, if multiple owners, an owner) must give the Agriculture Department written notice as soon as practicable after becoming aware that there has been, or will be, a change to the business entity operating Norfolk Island International Airport or a biosecurity entry point at the airport. The duty is triggered by knowledge of a change and requires prompt written notice.

• Lessees’ notice duty: Under s 9(3), a parallel duty applies to a lessee (or, if multiple lessees, a lessee): written notice must be given to the Agriculture Department as soon as practicable after becoming aware of the specified changes.

• Operational-proposal notice duty: Under s 9(4), a person or body responsible for carrying out operations at the airport must give the Agriculture Department reasonable notice in writing of proposed changes referred to in s 9(5). These include proposed changes to biosecurity procedures, facilities/amenities for biosecurity officials or human biosecurity officers, procedures affecting risk identification or notification, and procedures for managing factors that contribute to biosecurity risk (s 9(5)(a)-(e)).

• Obligations concerning baggage in relation to biosecurity entry point: Section 8 designates the Norfolk Island International Terminal as a biosecurity entry point for baggage. A statutory note appended to s 8 points to section 147 of the Act, which the instrument cites as the statutory source for the obligation that goods unloaded from an aircraft must be brought to a biosecurity entry point as soon as practicable where such an entry point exists. This instrument therefore creates the expectation that baggage unloaded at Norfolk Island International Airport must be brought to the Norfolk Island International Terminal biosecurity entry point as soon as practicable (s 8 and note).

Rights and operational consequences created by the instrument:

• First point of entry status: By declaring Norfolk Island International Airport a first point of entry for aircraft generally (s 5) and as a first point of entry for baggage and general goods (s 6), the instrument gives the airport a formal status under the Act that activates the Act’s processes where those statutory processes depend on first point of entry status. The instrument itself does not set out what those processes are; it creates the legal condition that the Act’s provisions apply at that location (s 5-6 read with the instrument’s reference to the Act).

• Designation of a single biosecurity entry point for baggage: Section 8 and its table specify that the Norfolk Island International Terminal is the biosecurity entry point for baggage. This establishes a concrete physical locus for baggage biosecurity processing in the airport.

• No aircraft biosecurity entry point designated: Section 7 explicitly notes that the instrument does not designate any area of the airport as a biosecurity entry point for aircraft. The instrument therefore leaves the specific handling of aircraft under the Act to the absence or presence of separately designated entry points and related statutory mechanisms (note to s 7). Practically, absent a designated aircraft biosecurity entry point under this instrument, the specific statutory obligation that applies when such a point exists is not triggered by this determination.

Scope and limits:

• The instrument defines "general goods" as goods other than baggage, live horses or waste (s 4). The instrument’s s 6 designation of first point of entry for "general goods" therefore excludes live horses and waste from that class, unless another instrument or the Act covers them elsewhere.

• The instrument is made under subsection 223(1) of the Act (s 3), indicating it is an administrative determination. It therefore operates as part of the Act’s delegated framework, and its duties and designations exist in that legal context.

The duties are primarily procedural and informational (notifications and notices), and the rights consist of formal status and a physical designation for baggage handling. The instrument makes no express grant of enforcement powers or penalties within its text; the instrument references the Act for related statutory obligations (see notes to ss 6, 7 and 8).

The instrument itself does not set out penalties, fines or enforcement mechanisms in its text. Its operative content is designation of first point of entry status (ss 5-6), designation of a biosecurity entry point for baggage (s 8), and conditions requiring written notice and reasonable advance notice of certain changes (s 9). There are no provisions inside the instrument that specify sanctions for failure to comply with those notification duties or prescribe enforcement procedures.

However, the instrument cross-references provisions of the Biosecurity Act 2015 in a number of notes and in its authority clause (s 3). For example:

• The instrument is made under subsection 223(1) of the Act (s 3), which is the statutory authority cited for the determination.
• The note to s 7 cites section 238 of the Act in describing when an aircraft must be brought to a biosecurity entry point at a first point of entry.
• The note to s 8 cites section 147 of the Act concerning the obligation to bring goods unloaded from an aircraft to a biosecurity entry point as soon as practicable.
• The note to s 6 refers to sections 173 and 174 of the Act in relation to prohibited goods and conditionally non‑prohibited goods.

Because the instrument itself does not prescribe enforcement rules or penalties, the practical enforcement context for conduct at Norfolk Island International Airport is determined by the Act and any other relevant subordinate instruments under the Act. The instrument’s references indicate where those statutory requirements and any associated enforcement mechanisms or penalties are located, but the instrument does not reproduce them.

Consequently, compliance and enforcement questions raised by breaches of the duties in s 9 (owners, lessees and responsible operators failing to notify) must be resolved by reference to the Biosecurity Act 2015 and any other applicable delegated instruments or departmental policy. The instrument creates the notification duties and designations but leaves the consequences of non-compliance to the statutory framework it relies upon; readers will need to consult the Act to determine specific penalties, infringement options or criminal offences that might attach to related conduct.

Practitioners should therefore treat the instrument as creating compliance obligations whose enforcement resides in the Act. The instrument’s silence on enforcement is itself a practical feature: it imposes administrative obligations but defers the mechanics of penalty, power and remedy to the parent statute and its enforcement regime.

This instrument is a delegated statutory instrument made under the Biosecurity Act 2015 (s 3). The instrument explicitly cites and depends on multiple statutory provisions of the Act by reference, indicating that its legal effect is embedded within the Act’s framework. Specific interactions indicated by the text include:

• Authority relationship: The instrument states it is made under subsection 223(1) of the Act (s 3). That identifies it as a determination made under the Act and therefore subordinate to it. The instrument’s legal force operates within the Act’s delegated powers.

• Cross-references to operative provisions: The instrument’s notes specifically refer to other parts of the Act to explain how the designations interact with statutory obligations:

  • The note to s 7 refers to section 238 of the Act, indicating that an aircraft must be brought to a biosecurity entry point at a first point of entry when such a point exists there (note to s 7). The instrument clarifies that it does not designate any aircraft biosecurity entry point, which interacts with s 238 by leaving that particular statutory trigger unengaged at Norfolk Island International Airport under this determination.
  • The note to s 8 refers to section 147 of the Act, indicating that goods unloaded from an arriving aircraft must be brought to a biosecurity entry point as soon as practicable if such an entry point exists (note to s 8). By designating the Norfolk Island International Terminal as the biosecurity entry point for baggage, s 8 engages the Act’s s 147 obligation for baggage at the airport.
  • The note to s 6 refers to sections 173 and 174 of the Act regarding prohibited goods and conditionally non-prohibited goods (note to s 6). That directs readers to the Act for rules about whether particular goods may be brought into a first point of entry.

• Interaction by omission: The instrument designates the airport as a first point of entry for "general goods" (s 6) but does not designate biosecurity entry points for those general goods in s 8 (note 2 to s 8). The instrument therefore creates an interaction in which the airport has first point of entry status for a class of goods while leaving the statutory obligation to bring goods to a biosecurity entry point (s 147 of the Act) inapplicable to those particular goods unless another instrument or arrangement designates a suitable entry point.

• Procedural interaction with administrative oversight: Section 9 obliges owners, lessees and persons or bodies responsible for operations to notify the Agriculture Department of changes affecting the business entity or biosecurity arrangements (s 9(2)-(4)). That creates an administrative information flow to the Department that interacts with the Department’s regulatory oversight powers under the Act. The instrument does not itself specify how the Department must act upon receiving notices; the procedure for Departmental responses will be governed by the Act and departmental policy.

• Delegation and decision-maker identity: The instrument records that it was made by an Acting Assistant Secretary as delegate of the Director of Biosecurity (preamble and signature), showing the internal administrative delegation of decision-making under the Act. That is an internal administrative interaction rather than an inter-legislative interaction, but it is relevant for procedural law: the instrument is an exercise of delegated authority under the Act.

• Scope vis-à-vis other laws: The instrument does not reference other statutory regimes (for example, customs, civil aviation safety, workplace safety, or local government laws) by name. Practical operation of the airport will, however, require coordination across regimes in the real world; the instrument itself does not establish cross-jurisdictional mechanisms. The instrument is narrowly focused on the Act’s biosecurity designations and notification conditions.

In short, the instrument functions as a node within the Biosecurity Act 2015’s legal architecture: it triggers or refrains from triggering particular provisions of the Act (as the notes indicate), it creates administrative notice obligations into the Agriculture Department, and it depends on the Act for operative powers, obligations and enforcement. To understand full legal effect , for example, offence provisions, specific powers, or the content of obligations mentioned in notes , one must consult the statutory provisions of the Act cited in the instrument.

The instrument contains an explicit commencement table and a statement about the table’s scope but records no subsequent amendments within the text provided. Relevant, instrument-grounded facts about timing and amendment-related mechanics are:

• Date of signing and maker: The instrument is dated 1 March 2023 and signed by Joel Willis, Acting Assistant Secretary, Biosecurity Operations Division, Department of Agriculture, Fisheries and Forestry (preamble and signature block).

• Commencement: Section 2(1) sets out commencement mechanics. The Commencement table records that "The whole of this instrument" commenced on 16 March 2023, with the same date shown in column 3 (the Commencement table printed in the instrument records 16 March 2023 for the entire instrument). Section 2(1) further explains that the table relates only to provisions as originally made and will not be amended to reflect later amendments of the instrument.

• No amendments recorded in the instrument: The instrument’s own text contains no amendment provisions and does not list any later instrument variation, repeal, or amendment. The instrument’s note that the commencement table will not be updated for later amendments (s 2(2)) is a standard drafting note about publication practice and does not itself record an amendment.

• Legal status: Since the instrument is made under subsection 223(1) of the Biosecurity Act 2015 (s 3), any amendment, revocation or replacement would need to follow the Act’s delegated-instrument procedures. The instrument itself does not set out those amendment procedures.

• Recordkeeping and publication: The instrument contains the formal elements typical of a delegated determination (title, signature, contents and commencement table). Its Commencement table includes the statement that any information in column 3 is not part of the instrument and may be edited in any published version (s 2(2)). That is an instruction about the published presentation rather than an amendment to substantive text.

For practitioners asking whether there have been changes to this instrument since its commencement, the instrument as provided contains only the original determination and records no internal amendments. To establish whether later executive instruments have amended or superseded this determination, one must consult the formal compilation or legislative instrument register kept by the responsible agency or the Commonwealth publisher. The instrument itself neither lists nor records any amendment history beyond its original commencement entry.

The instrument as supplied contains no record of litigation, judicial consideration, or references to court decisions. The document is an administrative determination; it includes the signature, date and contents, but it does not include any section referring to legal challenges or judicial interpretation.

Practical points grounded in the instrument text:

• The instrument does not contain a footnote or note indicating that it has been subject to any court challenge. It contains only the determinations, definitions, designation of first point of entry status and notification conditions, and the commencement information (see preamble, ss 1-9).
• Because the instrument is a delegated administrative instrument made under the Biosecurity Act 2015 (s 3), any legal challenge to its validity, interpretation or application would be brought under the usual avenues for challenging delegated instruments, but the instrument itself does not discuss or record such avenues or any litigation that has occurred.
• For those researching litigation, nothing in the instrument gives a transcript, citation, or summary of any legal proceedings.

Therefore, based on the instrument’s own content, there is no litigation history to report. Practitioners who require confirmation about whether the instrument has been judicially tested after its commencement must check public court records, tribunal decisions, or the consolidated legislation and subordinate instruments databases; such searches fall beyond the instrument’s internal text and are not recorded within it.

The instrument contains several features that are likely to cause practical, compliance or interpretive issues unless read closely. These "gotchas" arise from the instrument’s narrow designations, its cross-references to the Act and the way duties are allocated. All points below are tied to specific provisions in the instrument.

1. Airport is a first point of entry for aircraft but no aircraft biosecurity entry point is designated

• Section 5 designates the airport as a first point of entry for aircraft generally. Section 7, however, explicitly states that "This determination does not designate any area of Norfolk Island International Airport as a biosecurity entry point for aircraft." The note to s 7 explains that aircraft must be brought to a biosecurity entry point at a first point of entry only if a biosecurity entry point exists for aircraft there (citing s 238 of the Act). The practical effect: the airport has first point of entry status but the specific statutory requirement that binds aircraft where an internal biosecurity entry point is designated is not engaged by this instrument. Operators may therefore be uncertain whether they must follow aircraft-specific physical routing; the instrument leaves that open.

2. General goods are a designated class of goods but no biosecurity entry point for them is designated at the airport

• Section 6 lists "general goods" as a class for which Norfolk Island International Airport is a first point of entry. Section 8 designates only the Norfolk Island International Terminal as the biosecurity entry point for baggage and does not designate a biosecurity entry point for other classes of goods. The note to s 8 is explicit: "This determination does not designate biosecurity entry points for other goods for which Norfolk Island International 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." Practically, consignors and freight operators handling general goods (i.e., goods other than baggage, live horses or waste per the instrument’s definition) may not be obliged by this instrument to bring unloaded goods to a designated biosecurity entry point. This creates logistical complexity: general goods are within the airport’s first point of entry status but have no internal designated processing location under this determination.

3. Definitions exclude live horses and treat waste narrowly

• Section 4 defines "general goods" to exclude baggage, live horses and waste. The effect is that live horses and waste are not encompassed by the "general goods" designation in s 6 and are therefore not covered by the first point of entry designation for general goods under this instrument. Further, "waste" is narrowly defined (goods subject to biosecurity control and intended by the person in charge of the aircraft to be disposed of). If live animals, waste or live horses are to be managed under the Act at Norfolk Island, separate arrangements or instruments may be required.

4. Notification duties are uneven and time-sensitive

• Section 9 imposes prompt, written-notice duties on owners and lessees "as soon as practicable" after becoming aware of a change to the business entity operating the airport or a biosecurity entry point there (ss 9(2)-(3)). For persons or bodies responsible for operations, the standard is "reasonable notice" of proposed changes (s 9(4)). Practical uncertainty may arise over what qualifies as "reasonable notice" vs "as soon as practicable", and who (which owner, which lessee, which responsible body) must act where multiple parties exist. The instrument uses the phrasing "an owner" or "a lessee" where multiple owners/lessees exist, which creates an expectation that any single owner or lessee can discharge the duty by notifying , but it leaves coordination and evidence of notification as operational points.

5. No express enforcement or penalty language in the instrument

• The instrument imposes duties but does not specify penalties or enforcement for non-compliance. The enforcement implications therefore depend on the Biosecurity Act 2015 and other instruments. Parties cannot rely on this instrument alone to understand sanctions for failure to notify or to bring baggage to the designated terminal.

6. Potential mismatch between cargo logistics and designated points

• The designation of only the passenger terminal as the biosecurity entry point for baggage (s 8 table item 1) may not align with where certain goods or baggage normally arrive, particularly freight or onward transfer arrangements. Operators should not assume that general cargo areas are covered by the instrument.

7. The instrument’s notes point to statutory rules without reproducing them

• The instrument’s notes refer to sections 147, 173, 174 and 238 of the Act for related rules. Users who rely on the notes without consulting the Act may miss material conditions or prohibitions contained in those sections.

These are practical pitfalls implied by the instrument’s narrow scope and wording. Compliance requires close attention to the designated biosecurity entry point for baggage, clear internal allocation of notification duties across multiple owners/lessees/responsible bodies, and awareness that the instrument leaves many procedural and enforcement matters to the Biosecurity Act 2015 and to departmental processes.

Compliance under this instrument is primarily about meeting the notification/notice duties and operating logistical arrangements consistent with the designations it contains. The steps below are grounded in the instrument’s text and in the notes that direct readers to the Act for related obligations.

1. Establish who will discharge owner/lessee notification duties

• If you are an owner of Norfolk Island International Airport, ensure that at least one owner is nominated or allocated responsibility to give written notice to the Agriculture Department "as soon as practicable" if they become aware of any change to the business entity operating the airport or a biosecurity entry point (s 9(2)). If there are multiple owners the instrument contemplates that any one owner can give the notice, but do not rely on informal arrangements , record who will monitor and notify.
• If you are a lessee, mirror the same arrangements for the lessee notice duty in s 9(3).

2. Build internal monitoring and prompt written-notice procedures

• The trigger for the owner/lessee duties in ss 9(2)-(3) is becoming aware that a change has occurred or will occur. Put in place an information flow between legal, commercial and operations teams so that knowledge of changes to the business operator, contracts, leases, or biosecurity entry point arrangements is escalated promptly to the nominated person responsible for notification to the Agriculture Department.
• "As soon as practicable" is the statutory standard used in the instrument; adopt a conservative internal timeframe (for example, immediate escalation and notice within a short, documented window) and keep records of the written notice given.

3. Ensure persons or bodies responsible for operations give "reasonable notice" of proposed changes affecting biosecurity risk management

• Section 9(4) requires a person or body responsible for carrying out operations to give the Agriculture Department "reasonable notice" of proposed changes referred to in s 9(5). The subsections list specific kinds of changes: those to biosecurity risk management procedures, to facilities/amenities for biosecurity/human biosecurity officers, to procedures that affect identification or notification of biosecurity risks, and to procedures for managing factors affecting biosecurity risk (s 9(5)(a)-(e)).
• When planning procedural changes, facilities upgrades, staffing or contract changes that touch on biosecurity arrangements, prepare a written description of the proposed change, an impact assessment focused on biosecurity risk, and a proposed timetable. Provide this material to the Agriculture Department with as much advance notice as operations permit; retain proof of delivery and content.

4. Operationalise baggage handling to the designated biosecurity entry point

• Section 8 designates the Norfolk Island International Terminal as the biosecurity entry point for baggage. The instrument’s note referencing s 147 of the Act makes clear that goods unloaded from an aircraft must be brought to a biosecurity entry point as soon as practicable where such a point exists. Therefore, baggage handlers and carriers should ensure that unloaded baggage is routed to the Norfolk Island International Terminal biosecurity entry point without delay.
• Document standard operating procedures (SOPs), signage and staff training to route baggage to that designated location. Record exceptions and the authority for any deviations.

5. Clarify treatment of general goods and non-designated classes

• The airport is a first point of entry for "general goods" (s 6), but the instrument does not designate a biosecurity entry point for general goods (note to s 8). Freight operators and importers should confirm with the Agriculture Department what processing is required for particular consignments of general goods arriving at Norfolk Island International Airport, including whether other locations, timing or inspections apply.
• For goods such as live horses or waste (excluded by the definition of "general goods" in s 4), seek specific written guidance from the Agriculture Department on required arrangements at the airport, as this instrument does not appear to treat those goods as within the designated classes for first point of entry here (s 4 and s 6).

6. Maintain records of notices and proposals sent to the Agriculture Department

• The instrument’s duties are written-notice or reasonable-notice duties. Keep copies of written notices, delivery confirmations and internal logs demonstrating that notices were provided "as soon as practicable" or with "reasonable notice". These records will be the primary evidence of compliance with the instrument’s conditions.

7. Coordinate with the Agriculture Department proactively

• Because the instrument channels information to the Agriculture Department without prescribing the Department’s subsequent steps, proactive engagement with the Department will reduce uncertainty. Seek confirmation about whether any additional biosecurity entry points will be designated for other classes of goods or for aircraft, and whether there are Departmental expectations about response times or further procedural steps after notice.

8. Consult the Biosecurity Act 2015 for substantive obligations and enforcement

• The instrument cites the Act in several notes (for example, s 147, s 173, s 174 and s 238). To understand specific statutory obligations, prohibited items, or requirements for aircraft, consult those sections of the Act directly. The instrument itself does not reproduce the Act’s detailed rules.

9. Draft contractual and tender documentation to reflect notification duties

• If you contract out airport operations, include clauses requiring contractors to notify the operator and the Agriculture Department as required under s 9. If there are multiple owners or lessees, include allocation clauses for who has primary notification responsibility and authority to engage with the Department.

10. Seek clarification where the instrument is silent

• The instrument leaves certain operational matters open (e.g., no aircraft biosecurity entry point designated here). Where the instrument is silent or where local practices would be inconsistent with the instrument’s narrow designations, seek written clarification from the Agriculture Department or legal advice to avoid non-compliance risks.

Following these steps aligns operational practice with the instrument’s requirements. The core compliance burden is administrative: timely written notice and reasonable advance consultation, plus routing baggage to the designated terminal. For matters the instrument does not resolve, the instrument itself points to the Biosecurity Act 2015; consult those statutory provisions or the Agriculture Department for substance and enforcement details.