Biosecurity (First Point of Entry—Port of Broome) Determination 2019
In ForceCTH
Jurisdiction
Commonwealth
Collection
legislative instrument
Plain English Summary
3/10 complexity
This determination makes Port of Broome a first point of entry under the Biosecurity Act 2015 for vessels (excluding non‑commercial vessels) and for baggage from certain vessels, inorganic bulk goods and waste, and designates Broome Wharf and Terminal 2 as the biosecurity entry points. It requires port owners, lessees and operators to notify the Agriculture Department of changes to operators, facilities or biosecurity procedures (s9), allocating compliance and reporting responsibilities to those parties.
This instrument, the Biosecurity (First Point of Entry,Port of Broome) Determination 2019, designates Port of Broome as a statutory first point of entry for specified vessels and classes of goods under the Biosecurity Act 2015. The instrument is made under the power in subsection 229(1) of the Biosecurity Act 2015 (see s3). It sets the name of the instrument (s1), gives definitions used within the instrument and cross‑references definitions in the Act (s4), declares which vessels and goods may be brought into the port as a first point of entry (ss5-6), and designates particular areas of the port as the biosecurity entry points to which those vessels or goods must be brought (ss7-8 and accompanying tables). The determination also imposes administrative conditions on owners, lessees and persons or bodies responsible for operations at the port to notify the Agriculture Department of changes to operators or to specified procedures or facilities (s9).
Mechanically the instrument does four things. First, it declares that Port of Broome is a first point of entry for vessels other than non‑commercial vessels (s5). Second, it declares that Port of Broome is a first point of entry for three specified categories of goods: baggage carried on certain vessels, inorganic bulk goods, and waste (s6). Third, it designates two named areas at the port, Broome Wharf and Terminal 2, as the biosecurity entry points for the vessels and the goods listed in the instrument (ss7-8 and both tables). Fourth, it places reporting and notice conditions on owners, lessees and operational responsible bodies concerning changes to business entities, procedures, facilities and amenities affecting biosecurity management (s9).
The determination explicitly cross‑links to provisions of the Biosecurity Act. It notes that affected vessels must be brought to a biosecurity entry point "as soon as practicable" citing section 246 of the Act (note to s7). It also notes that goods to be unloaded that are listed must be brought to a designated biosecurity entry point "as soon as practicable" citing section 147 of the Act (note to s8). The instrument relies on the Act for definitions of "vessel" and for the legal machinery that governs prohibited or conditionally non‑prohibited goods (notes to s4 and s6 referencing ss9, 19, 173, 174 of the Act).
Current sections
Direct links to the current provisions in Biosecurity (First Point of Entry—Port of Broome) Determination 2019.
12
Part 1
Preliminary
Part 1—Preliminary
1 Name
This is the Biosecurity (First Point of Entry—Port of Broome) Determination 2019.
3 Authority
This instrument is made under subsection 229(1) of the Biosecurity Act 2015.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act.
In this instrument:
Act means the Biosecurity Act 2015.
goods means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; or
(b) in relation to which an exposed goods order is in force.
inorganic bulk goods means chemicals, ores, minerals or gases that:
(a) are brought or imported into Australian territory in bulk; and
(b) do not contain animals, plants, organic compounds or microbes.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.
waste means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; and
(b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.
Part 2—First point of entry
5 First point of entry—vessels
Port of Broome is a first point of entry for vessels other than non‑commercial vessels.
6 First point of entry—goods
Port of Broome is a first point of entry for the following:
(a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;
(b) inorganic bulk goods;
(c) waste.
Note 1: Port of Broome is not a first point of entry for any other goods.
Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.
Part 3—Biosecurity entry points
7 Biosecurity entry points—vessels
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.
Note: A vessel that has arrived at Port of Broome must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).
8 Biosecurity entry points—goods
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.
Note 1: If a vessel has arrived at Port of Broome and is carrying goods mentioned in the table that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).
Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Broome 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.
Part 4—Conditions
9 Conditions—notifying Agriculture Department of changes
(1) The determination of Port of Broome as a first point of entry by this instrument is subject to the conditions in this section.
(2) If the owner (or, if there is more than one owner, an owner) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(4) If a person or body that is responsible for carrying out operations at Port of Broome proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.
(5) For the purposes of subsection (4), the changes are as follows:
(a) a change to the procedures at Port of Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;
(b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;
(c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;
(d) a change to the procedures at Port of Broome that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Broome;
(e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.
1
Name
1 Name
This is the Biosecurity (First Point of Entry—Port of Broome) Determination 2019.
3
Authority
3 Authority
This instrument is made under subsection 229(1) of the Biosecurity Act 2015.
4
Definitions
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act.
In this instrument:
Act means the Biosecurity Act 2015.
goods means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; or
(b) in relation to which an exposed goods order is in force.
inorganic bulk goods means chemicals, ores, minerals or gases that:
(a) are brought or imported into Australian territory in bulk; and
(b) do not contain animals, plants, organic compounds or microbes.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.
waste means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; and
(b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.
Part 2
First point of entry
Part 1—Preliminary
1 Name
This is the Biosecurity (First Point of Entry—Port of Broome) Determination 2019.
3 Authority
This instrument is made under subsection 229(1) of the Biosecurity Act 2015.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act.
In this instrument:
Act means the Biosecurity Act 2015.
goods means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; or
(b) in relation to which an exposed goods order is in force.
inorganic bulk goods means chemicals, ores, minerals or gases that:
(a) are brought or imported into Australian territory in bulk; and
(b) do not contain animals, plants, organic compounds or microbes.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.
waste means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; and
(b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.
Part 2—First point of entry
5 First point of entry—vessels
Port of Broome is a first point of entry for vessels other than non‑commercial vessels.
6 First point of entry—goods
Port of Broome is a first point of entry for the following:
(a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;
(b) inorganic bulk goods;
(c) waste.
Note 1: Port of Broome is not a first point of entry for any other goods.
Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.
Part 3—Biosecurity entry points
7 Biosecurity entry points—vessels
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.
Note: A vessel that has arrived at Port of Broome must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).
8 Biosecurity entry points—goods
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.
Note 1: If a vessel has arrived at Port of Broome and is carrying goods mentioned in the table that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).
Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Broome 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.
Part 4—Conditions
9 Conditions—notifying Agriculture Department of changes
(1) The determination of Port of Broome as a first point of entry by this instrument is subject to the conditions in this section.
(2) If the owner (or, if there is more than one owner, an owner) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(4) If a person or body that is responsible for carrying out operations at Port of Broome proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.
(5) For the purposes of subsection (4), the changes are as follows:
(a) a change to the procedures at Port of Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;
(b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;
(c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;
(d) a change to the procedures at Port of Broome that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Broome;
(e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.
5
First point of entry—vessels
5 First point of entry—vessels
Port of Broome is a first point of entry for vessels other than non‑commercial vessels.
6
First point of entry—goods
6 First point of entry—goods
Port of Broome is a first point of entry for the following:
(a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;
(b) inorganic bulk goods;
(c) waste.
Note 1: Port of Broome is not a first point of entry for any other goods.
Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.
Part 3
Biosecurity entry points
Part 1—Preliminary
1 Name
This is the Biosecurity (First Point of Entry—Port of Broome) Determination 2019.
3 Authority
This instrument is made under subsection 229(1) of the Biosecurity Act 2015.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act.
In this instrument:
Act means the Biosecurity Act 2015.
goods means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; or
(b) in relation to which an exposed goods order is in force.
inorganic bulk goods means chemicals, ores, minerals or gases that:
(a) are brought or imported into Australian territory in bulk; and
(b) do not contain animals, plants, organic compounds or microbes.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.
waste means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; and
(b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.
Part 2—First point of entry
5 First point of entry—vessels
Port of Broome is a first point of entry for vessels other than non‑commercial vessels.
6 First point of entry—goods
Port of Broome is a first point of entry for the following:
(a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;
(b) inorganic bulk goods;
(c) waste.
Note 1: Port of Broome is not a first point of entry for any other goods.
Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.
Part 3—Biosecurity entry points
7 Biosecurity entry points—vessels
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.
Note: A vessel that has arrived at Port of Broome must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).
8 Biosecurity entry points—goods
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.
Note 1: If a vessel has arrived at Port of Broome and is carrying goods mentioned in the table that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).
Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Broome 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.
Part 4—Conditions
9 Conditions—notifying Agriculture Department of changes
(1) The determination of Port of Broome as a first point of entry by this instrument is subject to the conditions in this section.
(2) If the owner (or, if there is more than one owner, an owner) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(4) If a person or body that is responsible for carrying out operations at Port of Broome proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.
(5) For the purposes of subsection (4), the changes are as follows:
(a) a change to the procedures at Port of Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;
(b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;
(c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;
(d) a change to the procedures at Port of Broome that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Broome;
(e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.
7
Biosecurity entry points—vessels
7 Biosecurity entry points—vessels
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.
Note: A vessel that has arrived at Port of Broome must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).
8
Biosecurity entry points—goods
8 Biosecurity entry points—goods
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.
Note 1: If a vessel has arrived at Port of Broome and is carrying goods mentioned in the table that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).
Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Broome 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.
Part 4
Conditions
Part 1—Preliminary
1 Name
This is the Biosecurity (First Point of Entry—Port of Broome) Determination 2019.
3 Authority
This instrument is made under subsection 229(1) of the Biosecurity Act 2015.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act.
In this instrument:
Act means the Biosecurity Act 2015.
goods means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; or
(b) in relation to which an exposed goods order is in force.
inorganic bulk goods means chemicals, ores, minerals or gases that:
(a) are brought or imported into Australian territory in bulk; and
(b) do not contain animals, plants, organic compounds or microbes.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.
waste means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; and
(b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.
Part 2—First point of entry
5 First point of entry—vessels
Port of Broome is a first point of entry for vessels other than non‑commercial vessels.
6 First point of entry—goods
Port of Broome is a first point of entry for the following:
(a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;
(b) inorganic bulk goods;
(c) waste.
Note 1: Port of Broome is not a first point of entry for any other goods.
Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.
Part 3—Biosecurity entry points
7 Biosecurity entry points—vessels
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.
Note: A vessel that has arrived at Port of Broome must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).
8 Biosecurity entry points—goods
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.
Note 1: If a vessel has arrived at Port of Broome and is carrying goods mentioned in the table that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).
Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Broome 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.
Part 4—Conditions
9 Conditions—notifying Agriculture Department of changes
(1) The determination of Port of Broome as a first point of entry by this instrument is subject to the conditions in this section.
(2) If the owner (or, if there is more than one owner, an owner) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(4) If a person or body that is responsible for carrying out operations at Port of Broome proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.
(5) For the purposes of subsection (4), the changes are as follows:
(a) a change to the procedures at Port of Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;
(b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;
(c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;
(d) a change to the procedures at Port of Broome that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Broome;
(e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.
9
Conditions—notifying Agriculture Department of changes
9 Conditions—notifying Agriculture Department of changes
(1) The determination of Port of Broome as a first point of entry by this instrument is subject to the conditions in this section.
(2) If the owner (or, if there is more than one owner, an owner) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(4) If a person or body that is responsible for carrying out operations at Port of Broome proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.
(5) For the purposes of subsection (4), the changes are as follows:
(a) a change to the procedures at Port of Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;
(b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;
(c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;
(d) a change to the procedures at Port of Broome that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Broome;
(e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1—Preliminary
1 Name
This is the Biosecurity (First Point of Entry—Port of Broome) Determination 2019.
3 Authority
This instrument is made under subsection 229(1) of the Biosecurity Act 2015.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act.
In this instrument:
Act means the Biosecurity Act 2015.
goods means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; or
(b) in relation to which an exposed goods order is in force.
inorganic bulk goods means chemicals, ores, minerals or gases that:
(a) are brought or imported into Australian territory in bulk; and
(b) do not contain animals, plants, organic compounds or microbes.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.
waste means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; and
(b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.
Part 2—First point of entry
5 First point of entry—vessels
Port of Broome is a first point of entry for vessels other than non‑commercial vessels.
6 First point of entry—goods
Port of Broome is a first point of entry for the following:
(a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;
(b) inorganic bulk goods;
(c) waste.
Note 1: Port of Broome is not a first point of entry for any other goods.
Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.
The instrument does not itself prescribe inspection, treatment, enforcement or penalty regimes. It is a determiner of locations and administrative notification duties that operate within the Biosecurity Act framework. The instrument’s textual scope is limited: it both creates positive mandates (what is a first point of entry for the listed items) and negative limits (explicitly states Port of Broome is not a first point of entry for other goods, note to s6). The conditions in s9 attach continuing administrative obligations to the designation.
Main concepts
Core legal concepts appearing in the instrument are: first point of entry, biosecurity entry point, classes of goods, classes of vessels, and administrative conditions on operators. Each concept is operationalised by cross‑reference to the Biosecurity Act 2015 for meanings and for the effect of bringing a vessel or goods to a designated entry point.
First point of entry. The instrument declares that Port of Broome is a first point of entry for a defined set of items. That designation is statutory and is made under subsection 229(1) of the Biosecurity Act (s3). The instrument limits the first point designation for goods to the three categories in s6, and for vessels to all vessels except non‑commercial vessels in s5. The instrument also states explicitly that the port is not a first point for other goods (note to s6).
Biosecurity entry point. The instrument translates the first point designation into spatial points within Port of Broome. Sections 7 and 8 use tabular schedules to name Broome Wharf and Terminal 2 as the biosecurity entry points for the vessels and goods listed. These are concrete spatial designations, not open discretion. The instrument links those spatial designations to the Act by noting that a vessel must be brought to a biosecurity entry point as soon as practicable (note to s7, citing s246 of the Act) and similarly for goods to be unloaded (note to s8, citing s147 of the Act).
Classes of goods and vessels. The instrument operates by classifying what is covered. "Vessel" uses the Act’s definition and is limited to those vessels subject to biosecurity control; the text excludes "non‑commercial vessel" by reference to the Biosecurity Regulation 2016 (s4 and s5). For goods, the instrument uses the broader "goods" term as defined by s19 of the Act but narrows the scope to: (a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel, (b) inorganic bulk goods, and (c) waste (s6). The instrument provides a bespoke definition of "inorganic bulk goods" (s4) as chemicals, ores, minerals or gases brought in bulk that do not contain animals, plants, organic compounds or microbes; and defines "waste" as goods that are subject to biosecurity control and are intended to be disposed of by the person in charge of the vessel (s4).
Administrative conditions and notice. Section 9 creates ongoing procedural duties. Owners and lessees must notify the Agriculture Department in writing "as soon as practicable" once they become aware of changes to the business entity operating the port or a biosecurity entry point (s9(2)-(3)). Persons or bodies responsible for operations must give the Agriculture Department "reasonable notice" in writing before making certain proposed changes to procedures, facilities or management arrangements that may affect biosecurity risk (s9(4)-(5)). Subsection 9(5) lists the kinds of changes that attract the "reasonable notice" duty, including changes to biosecurity procedures, facilities or procedures affecting identification and reporting of biosecurity risks.
Cross‑references to the Act. The instrument repeatedly relies on the Biosecurity Act 2015. It imports definitions (s4), refers to the Act’s machinery on prohibited and conditionally non‑prohibited goods (notes to s6 referencing ss173-174), and points to Act provisions that create time‑sensitive obligations on moving vessels and goods to entry points (notes to ss7-8 referencing ss246 and 147). The instrument itself is subordinate legislation exercising the power conferred by the Act (s3).
Operational or implementation locus. The instrument leaves to the Agriculture Department and biosecurity officials the practical carrying out of inspections and measures, by setting where vessels and goods must be presented and by creating notice requirements intended to maintain the Department’s ability to perform functions at the port. The instrument, however, does not itself set operational standards for inspection rooms, staff numbers, opening hours or resourcing.
Who it affects
The instrument allocates duties and changes to a small set of identifiable actors. Primary affected parties are owners and lessees of Port of Broome; persons or bodies responsible for carrying out operations at the port; masters or persons in charge of relevant vessels; carriers and consignees of the specified goods; and the Agriculture Department, which is the recipient of notices and the enforcing authority under the Act.
Owners and lessees. Section 9(2)-(3) imposes a statutory obligation on the owner or, if multiple owners, an owner, and similarly on lessees, to 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 Port of Broome or a biosecurity entry point. This places an ongoing compliance and information‑provision duty squarely on those with legal title or contractual possession of the port infrastructure.
Persons or bodies responsible for operations. Section 9(4) requires that any person or body responsible for carrying out operations at the port must give the Agriculture Department "reasonable notice" in writing of proposed changes of certain kinds. Subsection 9(5) defines the types of changes that trigger the notice requirement, for example procedural changes in biosecurity measures, changes to facilities or amenities used by biosecurity officials, and changes to procedures that may affect the identification or reporting of biosecurity risks. Those responsible for operations will typically include port operators, terminal managers, stevedores and service providers who control on‑the‑ground operational procedures.
Masters, persons in charge of vessels and carriers. The designation of Port of Broome as a first point of entry for vessels other than non‑commercial vessels (s5) and the designation of the specific biosecurity entry points (s7) mean that masters or persons in charge have an operational duty to bring affected vessels to Broome Wharf or Terminal 2 "as soon as practicable" (note to s7 referencing s246 of the Act). Likewise, carriers or persons in charge of a vessel unloading goods of the types listed in s6 must bring those goods to the designated biosecurity entry point as soon as practicable (note to s8 referencing s147 of the Act). Those obligations affect shipping agents, freight handlers and lines that bring vessels or goods to the port.
Agriculture Department and biosecurity officials. The determination repeatedly refers to the Agriculture Department as the recipient of statutory notices (s9) and relies on the Department's powers and officials under the Act to carry out functions at the designated entry points. The Department is therefore required to monitor notices, coordinate with port owners and operators, and deploy biosecurity officials and human biosecurity officers as necessary, within the Act's broader powers.
Third parties and port users. The designation narrows which goods and vessels are subject to first point rules at Broome. For example, Port of Broome is explicitly not a first point of entry for other goods (note to s6). Those trading in, transporting or receiving goods that fall outside the three listed categories will need to determine whether different regulatory arrangements apply, possibly involving other ports or different entry point designations.
Other regulators and instruments. The instrument refers to the Biosecurity Regulation 2016 for the meaning of "non‑commercial vessel" (s4). Practitioners must therefore consider the interaction between this determination, the Biosecurity Act and the Regulation when advising clients. The instrument also cross‑references Act provisions that determine how prohibited or conditionally non‑prohibited goods are treated (notes to s6 referencing ss173-174).
Consequences for commercial activity. Owners, operators and carriers bear the direct compliance costs of notification duties and operational constraints. Port service providers and vessels subject to biosecurity control must plan to use the designated areas and to accommodate biosecurity inspections or procedures at Broome Wharf or Terminal 2. The Agriculture Department bears the administrative task of receiving and acting on notices and ensuring that biosecurity officials can perform their duties at the designated areas.
Key duties and rights
The determination establishes a set of direct duties, and it situates rights or powers mainly in the underlying Biosecurity Act. The instrument does not itself create new enforcement powers or penalties; instead it creates duties that operate within the Act’s enforcement framework.
Duties created by the instrument
Owners and lessees: Under s9(2)-(3), owners, and where there are multiple owners an owner, and lessees, and where multiple lessees a lessee, must give written notice to the Agriculture Department "as soon as practicable" after becoming aware of a change to the business entity operating Port of Broome or a biosecurity entry point at the port. The duty is triggered by actual awareness that the change has occurred or will occur.
Persons or bodies responsible for operations: Section 9(4) requires that a person or body responsible for carrying out operations at Port of Broome give the Agriculture Department written "reasonable notice" of proposed changes referred to in s9(5). The duty is prospective and applies before the change is implemented.
Vessel and goods presentation: While the instrument designates the biosecurity entry points (ss7-8), it relies on the Biosecurity Act’s requirements that a vessel arriving at the port be brought to a biosecurity entry point "as soon as practicable" (note to s7 citing s246 of the Act) and that listed goods to be unloaded be brought to the biosecurity entry point "as soon as practicable" (note to s8 citing s147 of the Act). Practically, the instrument therefore imposes a duty on masters, persons in charge and those unloading goods to present vessels and goods at the designated areas.
Scope and limits of duties
Narrow goods class: The instrument limits its goods duties to three classes in s6: baggage carried on specified vessels, inorganic bulk goods, and waste. It explicitly states that Port of Broome is not a first point for other goods (note to s6). The duties therefore do not extend to goods outside those categories under this determination.
Defined terms matter: The duties’ scope depends on the instrument’s definitions (s4) and on the Act’s definitions that the instrument imports (e.g., "vessel", "goods"). For example, "inorganic bulk goods" excludes organic compounds and microbes by definition in s4; "waste" requires that the goods be subject to biosecurity control and intended to be disposed of.
Rights, powers and discretion
Agriculture Department as recipient and decision locus: The instrument confers a clear right for the Agriculture Department to receive written notices, and implicitly to use those notices to exercise its functions under the Act. The instrument does not expressly create new powers of direction; it leaves enforcement and decision‑making powers to the Biosecurity Act and its officials.
Operator procedural rights: The instrument requires operators to give "reasonable notice" of proposed changes (s9(4)). The term "reasonable" imports a margin for administrative negotiation and discretion; the instrument does not fix a statutory notice period. Rights to proceed or to refuse a change are not stated in the instrument; those substantive permissions would be matters for the Department under the Act.
Administrative burden and evidentiary aspects
Writing and timing: The instrument requires notifications to be in writing and to be given either "as soon as practicable" (s9(2)-(3)) or with "reasonable notice" (s9(4)). Practitioners should note that both formulations create duties that are factually sensitive; the instrument’s requirements point to the need for contemporaneous records, and for demonstrating when awareness occurred and when notice was sent.
Interdependence with Act obligations: The presentation duties for vessels and goods are enforced under the Act (see notes to ss7-8 referencing ss246 and 147). The instrument therefore creates procedural duties that interact with the Act’s broader inspection, detention and treatment powers.
Rights not created
No express compensation rights, indemnities, or resourcing guarantees are included. The instrument does not provide for payments to owners or operators for accommodating biosecurity activities, nor does it specify standards for facilities or amenities beyond saying that changes to facilities must be notified (s9(5)(b)).
Penalties and enforcement
The instrument itself does not specify fines, criminal offences, or enforcement mechanisms. It operates within the enforcement framework of the Biosecurity Act 2015 by designating locations and imposing notification duties, while relying on the Act’s enforcement and compliance powers for remedial action against non‑compliance.
Absence of standalone penalties in the instrument. Nowhere in the text of the determination does it prescribe monetary penalties or criminal sanctions for failing to comply with the instrument’s duties. The instrument’s sections set conditions and obligations (for example s9 requiring written notice) but do not attach penalties to breaches.
Enforcement through the Biosecurity Act. The instrument explicitly refers to provisions of the Biosecurity Act for the legal effect of bringing vessels and goods to entry points and for other matters (notes to ss7-8 citing ss246 and 147; s3 citing s229(1)). This means enforcement of the obligations that arise from the designation will be through the Act’s compliance and enforcement machinery, and not by the instrument itself. The instrument relies on the Act for the substantive consequences of failing to bring vessels or listed goods to a biosecurity entry point and for the status of prohibited or conditionally non‑prohibited goods (notes to s6 referencing ss173-174).
Practical enforcement levers implied by the instrument. While the instrument does not set penalties, it creates compliance points where the Agriculture Department and biosecurity officials can act under the Act. For example:
Presentation to entry points will enable biosecurity officials to inspect, treat or detain vessels or goods under the Act’s powers once they are presented to the designated areas (the instrument ensures those spatial points are known and usable by officials).
Failure to provide written notices (s9) is an omission that may be actionable under the Act’s general enforcement provisions or subject to administrative consequences within the Department’s regulatory practice. The instrument does not delineate those outcomes, but it creates a paper trail that may be material in enforcement or administrative decision‑making.
Procedural uncertainty and discretion. The instrument uses timing standards such as "as soon as practicable" and "reasonable notice" (s9(2)-(4)). These standards import fact‑sensitive judgments and create room for dispute about compliance. Enforcement therefore will likely involve the Department assessing whether the timing or content of notices met the statutory standard, and it will depend on the Act’s enforcement processes to determine consequences.
Record keeping and evidentiary implications. Because the instrument requires written notices, it creates an evidentiary mechanism. Compliance or failure to comply with s9 can be demonstrated or contested on documentary evidence. Parties who fail to record and preserve notices may be exposed to enforcement action under the Biosecurity Act, or to operational refusals by biosecurity officials acting under Act powers when vessels or goods are presented.
Interaction with other enforcement regimes. The instrument cross‑references the Biosecurity Regulation 2016 for the meaning of "non‑commercial vessel" (s4). Compliance determinations about vessel classification may therefore involve regulatory interpretation beyond the instrument itself. Any enforcement will need to proceed using the Act, the instrument, and the Regulation as applicable.
How it interacts with other laws
This instrument is subordinate legislation under the Biosecurity Act 2015 and therefore operates in combination with several express Act provisions and with the Biosecurity Regulation 2016. The instrument both imports statutory definitions and relies on Act provisions for legal effect, creating a layered regulatory interaction.
Legal authority and instrument status. The instrument expressly states it is made under subsection 229(1) of the Biosecurity Act 2015 (s3). That situates it as an administrative determination made by an entity authorised under the Act. As subordinate legislation, it must be applied consistent with the Act, and its validity and operation are governed by the Act’s instrument‑making power and any conditions the Act imposes on determinations.
Definitions and imported terms. Section 4 of the instrument imports by reference a number of definitions from the Biosecurity Act 2015, specifically noting that several expressions used in the instrument are defined in section 9 of the Act (s4). The instrument provides its own definitions for "goods", "inorganic bulk goods", "non‑commercial vessel" (by reference to the Biosecurity Regulation 2016), "vessel" (by reference to the Act), and "waste" (s4). Practitioners must interpret these instrument definitions in the context of the Act’s overarching definitions; where the instrument cross‑references the Regulation, the Regulation’s definitions must be consulted to determine coverage, for example for "non‑commercial vessel."
Operational interaction with specific Act provisions. The notes to ss7-8 make explicit cross‑references to other Act provisions. For vessels, the instrument states that a vessel arriving at Port of Broome must be brought to a biosecurity entry point as soon as practicable, citing s246 of the Act (note to s7). For goods, note to s8 cites s147 of the Act, obliging that goods listed and to be unloaded must be brought to a biosecurity entry point "as soon as practicable." The instrument also directs the reader to ss173-174 of the Act regarding prohibited goods and conditionally non‑prohibited goods (note to s6). Those cross‑references mean the instrument functions as an operational map that triggers the Act’s substantive controls when the vessels or goods come within the instrument’s scope.
Regulatory interdependence with Biosecurity Regulation 2016. The instrument relies on the Biosecurity Regulation 2016 to define "non‑commercial vessel" (s4). That means classification questions about whether a particular vessel falls within the instrument’s scope will engage the Regulation and possibly the Act’s definitions. Practitioners should note that the instrument does not redefine that term; it depends on the Regulation’s meaning.
Limits vis‑à‑vis other ports and goods. The instrument explicitly states that Port of Broome is not a first point of entry for any goods other than those listed in s6 (note to s6). That interacts with the Act’s broader national scheme for designations of first points of entry and with other determinations that may designate different ports for other goods. The instrument therefore interacts as one node in a network of determinations that allocate first point responsibilities across ports.
Administrative law and decision review. Because the instrument is subordinate legislation made under the Act, decisions taken under it or under the Act at the port,such as the Department’s response to notices, or biosecurity officials’ exercise of powers at the designated biosecurity entry points,may be subject to administrative law review mechanisms available under the Act or general administrative law. The instrument itself does not establish or limit review rights; those will arise under the Act and general administrative law principles.
Practical consequence for contracts and commercial law. The instrument’s designation of specific areas (Broome Wharf, Terminal 2) as the statutory biosecurity entry points for the listed vessels and goods will affect operational obligations under commercial contracts, terminal access agreements, port leases and shipping contracts. Parties will need to reconcile private contractual obligations with the statutory requirement to present vessels and goods to the designated entry points as soon as practicable. The instrument does not modify or replace private contract terms, but it creates compliance constraints that may require contractual adjustment or operational coordination.
Amendment history
The instrument text as provided contains no express amendment schedule, savings or transitional provisions, and the text itself presents as a standalone determination titled the Biosecurity (First Point of Entry,Port of Broome) Determination 2019 (s1). The instrument does not include any recorded amendments within the text provided, nor does it annex a history of prior versions. It therefore appears, from the instrument alone, to be the operative 2019 determination without accompanying amendment entries in the instrument text.
Authority to amend. The instrument states it is made under subsection 229(1) of the Biosecurity Act 2015 (s3). That identifies the Act as the source of the instrument‑making power. By implication, any amendment of this determination would be made under the same statutory instrument‑making power, and would ordinarily take the form of a subsequent determination or amendment instrument made under the Act. The instrument itself does not set out a process for amendment beyond that statutory framework.
No internal revocation clause. The instrument does not contain a clause that revokes earlier determinations or specifies a sunset or expiry date. The provided text does not show any revocations or legislative repeal language. Practitioners must therefore treat the instrument as current and in force unless and until it is superseded, amended or revoked by a later instrument made under the Act.
Implications of absence of amendment record in the instrument. The lack of an amendment history within the instrument text means that a researcher seeking to know whether the instrument has been subsequently varied will need to consult the official legislative instrument registers or the Department’s records. The instrument itself does not provide internal evidence of subsequent changes, nor does it give transitional standards for changes, such as how previously notified operators are to update their notices on amendment.
Continuity and future changes. Because the instrument places continuing notification obligations on owners, lessees and operational bodies (s9), any amendment that changes the scope of the first point designation, the set of goods, or the named biosecurity entry point areas (Broome Wharf and Terminal 2) would have immediate operational implications for those parties. The instrument does not, however, specify transitional timelines or grandfathering for changes. Hence, administrative change in the port’s designation or operational areas would likely require contemporaneous action by operators under the existing s9 notice and reasonable notice provisions.
Documentary practice. Given that the instrument requires written notices to the Agriculture Department (s9), practitioners and port operators should preserve copies of notices and any subsequent correspondence if an amendment is later made. The instrument itself does not mandate how amendments are to be published, but typical practice for statutory instruments would be to register them; the instrument gives no internal amendment history.
Litigation history
The instrument text contains no references to judicial decisions, legal proceedings, or litigation. It does not identify any cases, contested determinations or administrative appeals. Therefore, within the instrument itself, there is no litigation history to report.
Potential sources of dispute that the instrument creates. While the instrument does not mention litigation, it creates several areas where legal disputes could plausibly arise under the Biosecurity Act framework. These potential dispute areas are implicit in the instrument’s language and can be identified from the text:
Timing standards: The instrument requires notices "as soon as practicable" and "reasonable notice" (s9(2)-(4)). These are fact‑sensitive standards that often give rise to disagreement about whether a party complied in time. Disputes about what constitutes "as soon as practicable" or "reasonable notice" may require administrative adjudication or judicial review under the Act or administrative law principles.
Classification questions: The instrument depends on definitions such as "inorganic bulk goods", "waste", and "non‑commercial vessel" (s4). Disputes may arise over whether a particular cargo or vessel falls within those definitions, and such disputes would involve interpretation of the instrument in the context of the Act and any relevant regulations.
Operational expectations: The instrument designates Broome Wharf and Terminal 2 as biosecurity entry points for certain classes of goods and vessels (ss7-8). Disputes could arise if a port operator or master claims that a vessel could not practicably access those specific areas, or if biosecurity officials refuse access for operational reasons. These disputes would involve factual findings about practicability and the port’s operational constraints.
Notification content and sufficiency: The instrument requires written notice but does not list in detail what the written notice must contain (s9(2)-(4)). Disputes could therefore arise concerning the sufficiency of notices and whether the Department had adequate information to plan biosecurity activities.
No reported cases in the instrument. Because the instrument itself does not record or reference any litigation, researchers relying solely on the instrument text will find no appellate or trial materials attached. Any litigation arising from the instrument would, in practice, be recorded in court or tribunal dockets and not within the instrument text. The instrument, however, gives the legal hooks that would support proceedings under the Biosecurity Act if a party alleges non‑compliance or administrative error.
Implications for practitioners. Absent an in‑instrument litigation history, advisers must treat the instrument as an unlitigated source of statutory duties. Where a client faces potential dispute over compliance with the instrument’s obligations, the instrument identifies the critical factual and legal questions likely to be litigated: timing, classification, and the reasonableness of operational proposals or departmental responses. Parties should preserve contemporaneous records of awareness and notice, classification evidence for cargo and vessels, and correspondence with the Agriculture Department to assist in any future contest.
Gotchas
The instrument contains several features that can catch operators, carriers and advisers unprepared if not read closely. The following are practical pitfalls and interpretative traps arising from the text.
Narrow coverage of goods. Section 6 lists only three categories of goods for which Port of Broome is a first point of entry: baggage carried on certain vessels, inorganic bulk goods and waste. The instrument explicitly states Port of Broome is not a first point of entry for any other goods (note to s6). Practitioners who assume that all imports or all goods arriving by sea at Broome fall under this instrument will be mistaken. For goods not listed, the Act’s general rules about first points will not be triggered by this determination; parties must separately determine the applicable first point designations.
Subtle exclusions in the goods definitions. The definition of "inorganic bulk goods" in s4 excludes organic compounds and microbes. Consequently, bulk shipments of materials that include organic compounds or biological matter will not fall within that category and may therefore not be captured by the instrument’s first point designation. The definition of "waste" in s4 further requires that the goods be "subject to biosecurity control" and intended to be disposed of by the person in charge of the vessel; waste not intended for disposal, or waste not subject to biosecurity control, will not be captured.
Vessel classifications and external definitions. The instrument makes Port of Broome a first point for vessels "other than non‑commercial vessels" (s5). However, "non‑commercial vessel" is defined in the Biosecurity Regulation 2016 (s4). This means that whether a particular vessel is exempt depends on that external regulation. Practitioners should not infer the meaning from the instrument alone and should consult the Regulation to confirm whether a vessel falls within or outside the instrument’s scope.
Timing standards create compliance risk. The instrument uses "as soon as practicable" (notes to ss7-8 and s9(2)-(3)) and "reasonable notice" (s9(4)). These are open textured standards. Operators who delay notification or the presentation of vessels or goods because they consider the delay reasonable may be exposed to regulatory action if the Department disagrees. The lack of fixed timeframes increases uncertainty and the risk of disputes.
Limited specification of what constitutes sufficient notice. Section 9 requires written notice but does not specify content, format, delivery address or minimum information. Notices that lack sufficient detail may be treated as inadequate, but the instrument does not provide a safe harbour. Parties must therefore assume a duty to give comprehensive written notice and retain evidence of delivery.
Designated physical areas may create operational friction. The instrument specifies Broome Wharf and Terminal 2 as the only biosecurity entry points for the listed vessels and goods (ss7-8). Operational constraints at the port, for example tidal access, berth availability or concurrent commercial uses, could make it difficult to bring a vessel to one of these specific areas "as soon as practicable." The instrument does not provide exceptions for practical obstructions; the Act’s general provisions about practicability will control such disputes.
Overlap with contractual obligations. Commercial agreements may require vessels to berth at specific terminals for logistical or commercial reasons. The instrument’s statutory requirement to present at the designated biosecurity entry points may conflict temporarily with contractual arrangements, requiring renegotiation or operational adaptation. Contracts that do not anticipate this could create liability for carriers or agents.
No guarantee of resourcing or facilities. Section 9(5)(b) requires notice of changes to facilities or amenities available for biosecurity officials, but the instrument does not mandate that the port provide particular facilities or that the Agriculture Department make particular resources available. Operators should not assume that designation will come with Departmental investment in facilities; the decision about resourcing lies in the Department and the Act’s broader administrative arrangements.
Record‑keeping expectations. Because the instrument requires written notifications and uses timing standards, failure to retain records of communications with the Agriculture Department is a practical gotcha. In enforcement or dispute scenarios, absence of documentary proof of notice or of awareness timings will weaken a party’s position.
Ambiguity on goods unloading obligations. The instrument notes that the requirement in s147 of the Act to bring goods to a biosecurity entry point as soon as practicable applies only to the goods listed; the instrument expressly does not designate biosecurity entry points for other goods for which Port of Broome may be a first point of entry (note to s8). This nuanced cross‑reference can lead to the error of assuming that all unloaded goods at Broome must be brought to the designated biosecurity entry points. Only the listed categories attract that duty by this determination.
How to comply
Compliance with the instrument requires integrating its specific duties into port governance, operations and documentation regimes. The following practical steps flow directly from the instrument’s text and the cross‑references it makes to the Biosecurity Act.
Identify which parties in your organisation are bound by the instrument. Under s9, owners, lessees, and those responsible for operations have express written notice duties. Ensure the organisation has clarity on who is the "owner", who is the "lessee", and who are "persons or bodies responsible for operations." If multiple owners or lessees exist, note that the obligation applies to an owner or a lessee (s9(2)-(3)).
Create a written notification protocol. The instrument requires notices to be "in writing" (s9(2)-(4)). Draft templates for the two categories of notices:
Post‑change notices to be used when an owner or lessee becomes aware of actual or imminent change to the business entity operating the port or a biosecurity entry point (s9(2)-(3)). These should include details of the change, the date of awareness, and contact information.
Proposed change notices to be used by persons or bodies responsible for operations when proposing changes that may affect biosecurity measures, facilities, identification or reporting procedures (s9(4)-(5)). These should explain the change, the anticipated operational impact, proposed timing, and mitigation measures.
Set internal deadlines and evidence standards. Because the statutory terms are "as soon as practicable" and "reasonable notice", set internal triggers that are stricter than the statutory minimum. For example, require that post‑change notices are sent within 48-72 hours of awareness and that proposed change notices are provided at least X weeks before implementation, subject to operational realities. Keep contemporaneous records of when awareness occurred, when notices were drafted and sent, and proof of delivery to the Agriculture Department.
Maintain classification documentation for vessels and goods. The instrument’s scope turns on terms defined in s4 and the Act. Maintain up‑to‑date documentation that demonstrates whether a vessel is a non‑commercial vessel under the Biosecurity Regulation 2016, whether goods fall within the "inorganic bulk goods" or "waste" definitions, and whether goods are subject to biosecurity control or an exposed goods order (s4 and note to s6 referencing s19). Keep Bills of Lading, cargo manifests, lab analyses, and statements from shippers that speak to composition and intended disposition.
Operational planning for presentation to biosecurity entry points. The instrument designates Broome Wharf and Terminal 2 as the places to which covered vessels and goods must be brought (ss7-8). Integrate berth allocation and arrival notices into shipping schedules to ensure masters can bring vessels to these areas "as soon as practicable" (note to s7 referencing s246 of the Act). For goods to be unloaded that fall within s6, ensure stevedoring and cargo handling plans specify movement to the designated biosecurity entry point at or immediately after discharge (note to s8 referencing s147 of the Act).
Coordinate with the Agriculture Department. Establish a formal liaison channel with the Department to provide notices and to confirm expectations about "reasonable notice." Early engagement will reduce uncertainty about what documentary detail the Department requires and will help align operational changes with biosecurity official availability and facility needs.
Upgrade facility readiness and reporting processes. Section 9(5) lists changes that must be notified, including changes to facilities or amenities available for biosecurity officials. Ensure the port has appropriate facilities, or documented plans to create them, for biosecurity officials and human biosecurity officers to perform functions under the Act. If proposing changes that could affect detection, reporting or the ability to house biosecurity staff, follow the written notice process.
Update contractual and insurance arrangements. Because the instrument can affect where vessels must berth and where goods are to be presented, review terminal access agreements, stevedoring contracts, and marine insurance to ensure they reflect the operational implications of presenting vessels and goods at Broome Wharf or Terminal 2. Where necessary, amend contracts to allocate costs related to delays attributable to biosecurity presentation.
Implement training and incident response. Train masters, agents, freight handlers and terminal staff on the instrument’s scope. Conduct tabletop exercises that simulate a vessel arrival with inorganic bulk goods, waste or relevant baggage to rehearse movement to the designated biosecurity entry points, notification procedures and interaction with biosecurity officials.
Preserve documentary evidence. Keep copies of all written notices to the Agriculture Department, including the date of sending and proof of receipt. Record the operational steps taken to present vessels and goods to the designated areas, including berth arrival times, communications with masters and agents, and interactions with biosecurity officials. Such documents will be crucial if compliance timing or sufficiency is questioned.
Monitor for regulatory changes. Although the instrument, as provided, contains no amendment history, it was made under s229(1) of the Biosecurity Act (s3). Establish a monitoring mechanism for new determinations, regulation amendments or Departmental guidance that may affect the port’s designation, the goods covered, or the definition of non‑commercial vessel.
Seek targeted legal advice where classification is uncertain. If the status of a vessel or a cargo is uncertain under the instrument’s definitions, obtain legal or regulatory advice before proceeding. The instrument’s definitions and reliance on external definitions in the Regulation mean classification disputes can have immediate operational consequences.
Following these steps aligns operational practice with the instrument’s written duties, reduces the risk of missed or late notifications, and creates an evidentiary record that supports compliance under the Biosecurity Act framework.
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.
Note: A vessel that has arrived at Port of Broome must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).
8 Biosecurity entry points—goods
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.
Note 1: If a vessel has arrived at Port of Broome and is carrying goods mentioned in the table that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).
Note 2: This determination does not designate biosecurity entry points for other goods for which Port of Broome 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.
Part 4—Conditions
9 Conditions—notifying Agriculture Department of changes
(1) The determination of Port of Broome as a first point of entry by this instrument is subject to the conditions in this section.
(2) If the owner (or, if there is more than one owner, an owner) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Broome becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Broome; or
(b) a biosecurity entry point at Port of Broome;
the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.
(4) If a person or body that is responsible for carrying out operations at Port of Broome proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.
(5) For the purposes of subsection (4), the changes are as follows:
(a) a change to the procedures at Port of Broome providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Broome;
(b) a change to the facilities or amenities available at Port of Broome for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Broome;
(c) a change to the procedures at Port of Broome that may affect the ability of a person who carries out operations at Port of Broome to identify biosecurity risks associated with those operations;
(d) a change to the procedures at Port of Broome that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Broome;
(e) a change to the procedures at Port of Broome for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Broome.
1 Name
1 Name
This is the Biosecurity (First Point of Entry—Port of Broome) Determination 2019.
3 Authority
3 Authority
This instrument is made under subsection 229(1) of the Biosecurity Act 2015.
4 Definitions
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act.
In this instrument:
Act means the Biosecurity Act 2015.
goods means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; or
(b) in relation to which an exposed goods order is in force.
inorganic bulk goods means chemicals, ores, minerals or gases that:
(a) are brought or imported into Australian territory in bulk; and
(b) do not contain animals, plants, organic compounds or microbes.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.
waste means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; and
(b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.
Part 2 First point of entry
Part 1—Preliminary
1 Name
This is the Biosecurity (First Point of Entry—Port of Broome) Determination 2019.
3 Authority
This instrument is made under subsection 229(1) of the Biosecurity Act 2015.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act.
In this instrument:
Act means the Biosecurity Act 2015.
goods means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; or
(b) in relation to which an exposed goods order is in force.
inorganic bulk goods means chemicals, ores, minerals or gases that:
(a) are brought or imported into Australian territory in bulk; and
(b) do not contain animals, plants, organic compounds or microbes.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.
waste means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; and
(b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.
Part 2—First point of entry
5 First point of entry—vessels
Port of Broome is a first point of entry for vessels other than non‑commercial vessels.
6 First point of entry—goods
Port of Broome is a first point of entry for the following:
(a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;
(b) inorganic bulk goods;
(c) waste.
Note 1: Port of Broome is not a first point of entry for any other goods.
Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.
Part 3—Biosecurity entry points
7 Biosecurity entry points—vessels
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.
Note: A vessel that has arrived at Port of Broome must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).
8 Biosecurity entry points—goods
Each area of Port of Broome specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.
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