Biosecurity (First Point of Entry—Port of Whyalla) Determination 2019

Definitions and reference points are central. The instrument relies on the Act’s definitions and on a small set of definitions inside the Determination (s 4). Key definitional choices in the Determination are:

• Act: shorthand reference to the Biosecurity Act 2015 used throughout the Determination (s 4).
• goods: adopted by reference to section 19 of the Act but limited for the Determination to goods that are subject to biosecurity control or for which an exposed goods order is in force (s 4). This narrows which goods the Determination treats as relevant for first point of entry designation.
• inorganic bulk goods: a bespoke term defined in the Determination to mean chemicals, ores, minerals or gases that are brought into Australian territory in bulk and that do not contain animals, plants, organic compounds or microbes (s 4). That definition draws a clear line around bulk commodities that are intrinsically non‑organic for the purposes of biosecurity designation.
• non‑commercial vessel: the Determination takes this term from the Biosecurity Regulation 2016 (s 4). The Determination excludes such vessels from certain first point of entry obligations (see s 5).
• vessel: adopts the Act’s definition (s 4).

Conceptually the Determination separates two axes: (1) first point of entry status for a port (a legal designation that defines initial processing responsibilities and triggers obligations under the Act), and (2) the assignment of specific biosecurity entry points inside the port where designated vessels and goods must be brought. Those are implemented in distinct parts: Part 2 fixes first point of entry status (ss 5-6); Part 3 designates the physical biosecurity entry points inside the port (ss 7-8).

Other important concepts appearing in the instrument include temporal standards of action: "as soon as practicable" is the standard for bringing an arrived vessel or unloaded goods to the designated biosecurity entry point, referenced in the notes to ss 7-8 as drawing on the Act (see notes referring to ss 147 and 246). Section 9 introduces notice duties with varying temporal standards: owners and lessees must give written notice "as soon as practicable" after becoming aware of a change (s 9(2)-(3)); persons responsible for operations must give the Department "reasonable notice" of proposed operational changes (s 9(4)). The instrument therefore mixes objective location designations with operational, process‑oriented duties that hinge on subjective temporal standards.

The Determination delimits scope in two ways. First, it expressly excludes certain vessel classes from the first point of entry designation (non‑commercial and passenger vessels, s 5). Second, it identifies only particular goods as falling within the port’s first point of entry treatment; Note 1 to s 6 explicitly points out that other goods are not designated for first point of entry status at Port of Whyalla. Together, those choices limit the Determination’s reach to a specific set of commercial arrivals and particular bulk commodities.

Finally, the Determination conditions the port’s continued designation on communication with the Department about corporate, operational and facility changes that could affect biosecurity risk management (s 9). The conditions identify five categories of proposed changes for which notice must be given, each tied to the capacity to manage biosecurity risk or the amenities available to biosecurity officials (s 9(5)(a)-(e)).

The Determination creates legal duties and operational constraints that fall on a small, identifiable set of actors at Port of Whyalla:

• vessel owners and masters: vessels that are not non‑commercial or passenger vessels fall within the port’s first point of entry status (s 5). The Determination, together with the Act’s referenced obligations (see note to s 7 referring to s 246), means such vessels must be brought to one of the designated biosecurity entry points within the port "as soon as practicable" after arrival. The immediate actors who act on this are vessel masters, agents and port operators coordinating berth allocation.
• goods consignors, consignees and terminal operators: the Determination makes Port of Whyalla a first point of entry for baggage carried on relevant vessels and for inorganic bulk goods (s 6). When these goods are unloaded they must be taken to the designated biosecurity entry points as soon as practicable (s 8 note referring to s 147 of the Act). This impacts ship operators, stevedores, importers of inorganic bulk commodities, and any terminal operator handling such cargo.
• port owners and lessees: s 9 imposes express notification obligations on "the owner" and on "the lessee (if any)" of Port of Whyalla. Where there is more than one owner or lessee, the duty attaches to "an owner" or "a lessee" respectively (s 9(2)-(3)). Owners and lessees are required to give written notice to the Agriculture Department as soon as practicable after becoming aware of changes to the business entity operating the port or a biosecurity entry point. They are therefore the principal parties responsible for maintaining the Department’s awareness of corporate and operational changes that may affect biosecurity management.
• persons or bodies responsible for carrying out operations at the port: s 9(4) imposes a duty on any person or body responsible for operations to give the Department reasonable written notice of proposed changes to port procedures or facilities that affect biosecurity risk management. That captures terminal operators, stevedoring companies, and other operational service providers who control access, working practices, or facilities used by biosecurity personnel.
• biosecurity officials and human biosecurity officers: while the Determination does not alter their statutory powers, it designates which port areas are the formal places where those officers can exercise powers over the listed vessels and goods (ss 7-8). The conditions in s 9(5)(b) and (d) specifically speak to facilities and procedures available to biosecurity officials and human biosecurity officers to perform functions or be informed of identified risks.

Who does not carry duties under the Determination: non‑commercial vessels and passenger vessels are excluded from the vessel first point of entry designation (s 5), and the Determination does not designate biosecurity entry points for "other goods" for which Port of Whyalla is a first point of entry (Note 2 to s 8). Those exclusions mean some classes of ships and certain goods do not trigger the Determination’s location or notification mechanics.

Who pays: the Determination places procedural duties on owners, lessees and operators. Those actors will bear the compliance costs of writing notices and maintaining procedures to meet the "as soon as practicable" and "reasonable notice" standards. Likewise, ship operators and terminal operators will carry operational costs of diverting or ensuring vessels and goods are directed to the four designated berths (ss 7-8). The instrument does not specify who pays for inspections, accommodation of biosecurity officials, or fees; those matters fall outside the Determination and are handled under the Act or operational arrangements not reproduced in this instrument.

The Determination establishes a compact of duties that allocate responsibilities between port owners, lessees, operators, vessel and goods handlers, and the Agriculture Department. The principal duties and their sources are as follows:

• Duty to present vessels and goods to designated biosecurity entry points: the Determination designates specific areas inside the port (Bulk berth, Outer Harbour Transhipment Berth, Products Berth, TAR Berth) as biosecurity entry points for specified vessels and goods (ss 7-8 and the respective tables). While the Determination itself does not restate the Act’s operational obligation language, its notes explicitly point to the Act’s duties: a vessel that has arrived at Port of Whyalla must be brought to a biosecurity entry point "as soon as practicable" (note to s 7 referring to s 246 of the Act); unloaded goods mentioned in the table must be brought to a biosecurity entry point "as soon as practicable" (note to s 8 referring to s 147 of the Act). Those cross‑references import timing obligations from the Act into the practical operation of the Determination.
• Duty to notify changes to the Department: s 9(2)-(3) requires the owner or a lessee of Port of Whyalla 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 the port or a biosecurity entry point at the port. That imposes an ongoing corporate notification duty tied to changes of control, ownership or operating business entities.
• Duty to give reasonable notice of proposed operational changes: s 9(4) requires any person or body responsible for carrying out operations at the port to give the Agriculture Department reasonable written notice of proposed changes listed in s 9(5). The listed changes are procedural or infrastructural and relate to biosecurity risk identification, management, and to facilities or amenities for biosecurity officials (s 9(5)(a)-(e)).
• Scope of the notice duties: s 9(5) specifies the types of changes that attract the requirement for reasonable prior notice. Those are changes to procedures for taking biosecurity measures, changes to facilities or amenities for officials, changes that affect the ability of port operators to identify biosecurity risks, changes that affect how biosecurity officials are informed of identified risks, and changes to other procedures that may affect the level of biosecurity risk associated with port operations.
• Rights or entitlements: the Determination confers the right on biosecurity officials to rely on the port designation when performing their statutory powers under the Act. While the Determination does not create new powers for officials, it identifies the physical locations within the port where officials may exercise powers over the specified vessels and goods. The instrument does not create express private rights for third parties, nor does it specify compensation entitlements or fee arrangements.

Standards expressed in the instrument are principally procedural and temporal rather than technical. "As soon as practicable" and "reasonable notice" are the determinative timing standards used for notification and presentation duties (see notes to ss 7-8 and s 9(2)-(4)). Those standards require parties to act promptly and to give advance notice in a manner whose adequacy will be judged against objective reasonableness criteria, though the Determination itself does not define those criteria.

Allocation of responsibility where multiple owners or lessees exist: the wording in s 9(2)-(3) contemplates plural ownership or leasing arrangements by requiring "an owner" or "a lessee" to give notice. That drafting distributes the statutory duty so that any single owner or lessee who becomes aware of a covered change must act. The Determination does not delineate internal liability or indemnity among co‑owners or co‑lessees; those are left to private contractual arrangements and, if contested, to adjudication under the Act or general law.

Practical effect on operational decision‑making: owners, lessees and operational managers must adopt procedures to identify changes that meet the notification criteria, to track awareness triggers, and to give the specified written notices to the Agriculture Department in the required timeframes. Port users handling inorganic bulk goods and baggage must ensure unloading and movement to the designated berths in compliance with the Act’s timing obligations referenced in the Determination’s notes.

The Determination itself does not set out fines, civil penalties, or criminal offences. Its enforcement architecture is therefore indirect: compliance and any sanctioning will be effected under the Biosecurity Act 2015 and the powers that the Act confers on biosecurity officials and the Department. The Determination explicitly relies on the Act as its statutory basis (s 3), and it references specific Act provisions that bear on ships and goods movement (see notes to ss 6, 7 and 8 referring to ss 147, 173, 174 and 246 of the Act). Beyond those references, the Determination does not reproduce or specify the substantive penalties or enforcement mechanisms contained in the Act.

What the Determination does establish, and what can be enforced under the Act, are the following practical obligations which non‑compliance can expose persons to the Act’s enforcement regime:

• the obligation for covered vessels to be brought to a designated biosecurity entry point as soon as practicable after arrival (note to s 7, referencing s 246 of the Act);
• the obligation for covered goods unloaded at the port to be brought to a designated biosecurity entry point as soon as practicable (note to s 8, referencing s 147 of the Act); and
• the notification duties on owners, lessees and persons responsible for operations to inform the Agriculture Department of changes or to give reasonable notice of proposed changes (s 9).

The instrument does not state the Department’s response options where the required written notices are not given or where vessels or goods are not presented at the designated biosecurity entry points. The Determination therefore leaves enforcement options to the Act and to departmental operational practice. Practically, that means the consequences for non‑compliance will depend on the Act’s enforcement provisions and on the Department’s exercise of powers under the Act; this Determination creates the statutory triggers for those Act provisions to become operational at Port of Whyalla for the classes of vessels and goods specified.

Operational enforcement will also be shaped by the physical designation of biosecurity entry points. Because the Determination identifies discrete berths and areas (ss 7 and 8), biosecurity officials and port authorities can direct arrival routing and cargo handling to those points. Non‑adherence to routing and to notification obligations therefore creates a factual basis for the Department to invoke Act powers, but the Determination itself sets no penalty schedule and creates no novel enforcement powers beyond those in the Act.

In short, enforcement is mediated through the Act. The Determination imposes duties and fixes points of presentation; any penalties, directions or compliance instruments used to enforce those duties will be those available under the Biosecurity Act 2015 and implementing regulations.

The Determination is an instrument made under the Biosecurity Act 2015 (s 3) and so is part of that Act’s broader regulatory framework. The Determination explicitly cross‑references particular sections and related instruments, creating direct points of interaction:

• the Determination uses definitions from the Act (for example, vessel and goods are referenced to sections 9 and 19 of the Act) and from the Biosecurity Regulation 2016 (for example, non‑commercial vessel) , see s 4. Those external definitions determine who is captured by the Determination.
• notes within the Determination link operational obligations to the Act: note to s 6 points readers to ss 173 and 174 of the Act regarding prohibited and conditionally non‑prohibited goods; note to s 7 refers to s 246 of the Act regarding the duty to bring an arrived vessel to a biosecurity entry point; note to s 8 refers to s 147 of the Act regarding unloaded goods. These references mean the Determination operates in tandem with those Act provisions rather than replacing or restating them.
• the power to make this Determination is expressly sourced to subsection 229(1) of the Act (s 3). That means the Determination’s legal effect, scope and validity are tied to the boundaries of the delegated power conferred by the Act.
• the Determination’s requirement that owners and lessees notify the Agriculture Department of changes in the business entity operating the port interacts with corporate and property law in practice, because changes of ownership, control or leasing arrangements will typically engage registration, conveyancing and corporate change mechanics outside the biosecurity regime. The Determination does not alter those other legal processes; it overlays a written notification duty to the Department that is separate from any transactional filings required under corporate, property or maritime law.
• the Determination’s operational obligations implicate port management contracts, stevedoring arrangements and berth allocation processes. Those private contracts will need to be interpreted and possibly amended to ensure that vessel movement and cargo unloading conform to the designated biosecurity entry points. The Determination does not itself amend private contracts but it creates regulatory constraints that contracting parties must accommodate.
• the Determination does not change the scope of prohibited goods or conditioned entry; it explicitly directs readers to the Act’s sections that govern prohibited and conditionally non‑prohibited goods (note to s 6 referencing ss 173 and 174). Therefore, where goods are subject to prohibitions or conditional permissions under the Act, those rules remain in force alongside the Determination’s location designations.

Because the Determination relies on undefined standards such as "as soon as practicable" and "reasonable notice", interpretation and enforcement will be influenced by how courts or administrative decisionmakers have applied those standards under the Act and other instruments. The Determination itself does not provide interpretive glosses, nor does it create parallel statutory definitions. Its impact on other regulatory regimes is therefore by operational overlay rather than statutory substitution: owners, operators and vessel masters must continue to comply with the requirements of maritime, customs, quarantine and corporate law while adding the notification and routing duties imposed by this Determination.

The Determination records a single commencement entry that the whole instrument commenced on 16 June 2019 (s 2 and the commencement table). The instrument’s commencement table contains the line "The whole of this instrument 16 June 2019" and a note that the table relates only to the provisions as originally made (s 2). There are no amending provisions, no subsequent dates or schedules in the text that indicate later modifications, and the instrument’s body contains no later amendment notes.

The Determination also contains a procedural note in the commencement table that any information in column 3 is not part of the instrument and may be edited in published versions; that is an administrative matter for publication rather than an amendment to substantive content (s 2(2)). No further amendment entries or repeal language appear in the instrument as supplied.

Readers should therefore treat the instrument as an original determination made on 7 June 2019 and commenced on 16 June 2019, with no recorded amending instruments or variations in the text provided. Any subsequent changes to the instrument, if made, would be accomplished by fresh determinations under the Act or by amendment instruments, but those are not present in the supplied instrument.

The Determination does not itself include transitional arrangements, savings provisions or sunset clauses. It does, however, make the port’s designation subject to conditions (s 9) that require ongoing notification and procedural interaction with the Agriculture Department; those conditions are operationally akin to ongoing compliance requirements rather than temporal limits on the instrument. The absence of listed amendments in the instrument means that, for present purposes, the reader should rely on the text as the then‑operative determination from the commencement date stated.

If parties require knowledge of any amendments adopted after the date of this instrument, they must consult the formal legislative register or the Department’s published instruments for later determinations or repeals. The instrument itself contains no record of later modification.

The Determination contains no litigation record, case citations or judicial interpretations within its text. It names no cases and does not summarise any prior administrative or judicial decisions. The instrument is an administrative instrument made under the Biosecurity Act 2015 (s 3) and its text contains explanatory notes referring to Act sections, but it does not include or reference any litigation history.

Because the Determination relies on standards drawn from the Act such as "as soon as practicable" and "reasonable notice", how those standards are applied in disputes will turn on the Act and on any judicial or administrative decisions that interpret the Act’s provisions. This Determination, however, does not itself supply interpretive guidance or dispute resolution procedures, and it does not indicate whether the Department will treat particular failures to give notice or to bring vessels and goods to the specified berths as enforceable contraventions under the Act.

Practically, potential litigation or administrative review could centre on:

• whether a particular vessel or class of goods falls within the Determination’s scope, given the definitions provided (see s 4 and ss 5-6);
• whether a party has complied with the temporal standards "as soon as practicable" or "reasonable notice" in particular factual circumstances (s 9(2)-(4) and the notes to ss 7-8);
• whether the owner, lessee or person responsible for operations was the proper actor required to give notice under s 9 where there are multiple owners or overlapping operational responsibilities; and
• the proper application of the Act’s provisions cited in the Determination’s notes (for example ss 147, 173, 174 and 246), should those Act provisions be deployed in enforcement or contested administrative action.

The Determination’s absence of internal dispute resolution mechanisms means that any contested matters will be resolved under the Act, under general administrative law and, if invoked, in relevant courts or tribunals. For anyone assessing litigation risk, the Determination therefore creates points of legal uncertainty that would be litigable only in the context of the Biosecurity Act’s enforcement and interpretive regime; the Determination itself does not contain a record of any past litigation.

The Determination is concise, but its operational and drafting choices create several points of practical risk and uncertainty that affected parties should note and manage:

1. Narrow scope of goods covered: the Determination expressly designates Port of Whyalla as a first point of entry only for baggage carried on vessels other than non‑commercial vessels or passenger vessels, and for inorganic bulk goods (s 6). Note 1 to s 6 emphasises that other goods are not covered by the Determination. Parties should not assume that all incoming cargoes or imports at Whyalla fall within the Determination. If goods are outside those classes, the Determination’s routing and notification mechanics do not apply for first point of entry purposes.

2. Exclusion of non‑commercial and passenger vessels: s 5 excludes non‑commercial vessels and passenger vessels from the port’s vessel first point of entry designation. Importantly, the absence of designation does not mean such vessels are free of all biosecurity obligations under the Act, but it does mean the Determination’s specified berth routing for vessels does not apply to them. Users must cross‑check whether other instrument designations or Act provisions apply.

3. Reliance on definitions outside the instrument: several operative terms are defined outside the Determination, in the Act or in the Biosecurity Regulation 2016 (s 4). That creates interpretive dependency: whether a particular vessel is "non‑commercial", whether certain goods are "subject to biosecurity control", or whether a bulk shipment is "inorganic" will turn on definitions and possibly external factual inquiry. Parties must consult the Act and the Biosecurity Regulation 2016 for precise definitions.

4. Subjective timing standards create compliance risk: the Determination and its notes use the standards "as soon as practicable" (notes to ss 7-8 and s 9(2)-(3)) and "reasonable notice" (s 9(4)). These are context‑dependent, not numerically specified. Parties therefore face uncertainty about what timing will satisfy the Department. Failure to meet subjective standards could give rise to enforcement under the Act even in the absence of an explicit numeric deadline.

5. Notice duties may be triggered by corporate and operational changes: s 9(2)-(5) requires written notice to the Department when there is, or will be, a change to the business entity operating the port or a biosecurity entry point, and requires reasonable prior notice of proposed changes to procedures or facilities that affect biosecurity risk management. Parties undertaking transactions involving ownership, leasing, management contracts or significant operational reorganisation should not overlook the statutory notice obligations , and the duty applies to "an owner" or "a lessee" where there are multiple parties.

6. "Reasonable notice" not defined and "person or body responsible for operations" broad: s 9(4) attaches duties to any person or body responsible for carrying out operations, and requires "reasonable notice" for certain proposed changes. The instrument does not narrow who qualifies as responsible for operations nor does it define what constitutes reasonable notice. This creates both legal and practical uncertainty as to who must notify and how much lead time will be adequate.

7. Physical designated points could have capacity or access constraints: ss 7 and 8 fix four berths/areas as the biosecurity entry points. If those berths are unavailable due to other port traffic, maintenance, or emergency closures, the statutory requirement to present vessels or goods "as soon as practicable" to a designated point may materially constrain scheduling. The Determination does not provide alternative designated points or contingency rules. Port operators and vessel masters must anticipate berth availability in scheduling and contracting.

8. No fee, facilities or accommodation provisions: the Determination does not address who pays for facilities or accommodation for biosecurity officials, nor does it set operational protocols for inspections. Those operational matters may be governed by the Act, by departmental operational arrangements, or by commercial agreements between the Department and the port. The absence of express provisions in this instrument means logistics and costs must be clarified outside the Determination, but the statutory routing and notice duties remain.

9. Interaction with other legal obligations: the Determination overlays notification and routing duties on top of existing statutory, contractual and regulatory obligations. Parties undertaking corporate transactions, leasing negotiations or operational changes must account for the Determination’s separate written notice duties in addition to registration, licensing and contractual requirements under other laws.

10. The instrument’s limited text leaves enforcement detail to the Act: because penalties and enforcement mechanisms are not specified in the Determination, parties need to review the Biosecurity Act 2015 to understand the possible enforcement consequences of non‑compliance. The Determination establishes obligations that can trigger those broader Act powers, without setting the enforcement parameters itself.

Each of these points derives directly from the Determination’s text and its references. Parties should therefore avoid assuming that broad port authorisations or informal communication with departmental staff suffice for statutory compliance. The statutory duty is written notice to the Agriculture Department in the timings the instrument requires.

Compliance with the Determination requires integrating its routing and notification obligations into port operations, contracts and governance. The following concrete steps are grounded in the Determination’s provisions:

1. Identify captured vessels and goods: review incoming vessel traffic to determine which vessels are subject to the Determination. The instrument designates Port of Whyalla as a first point of entry for vessels except non‑commercial vessels and passenger vessels (s 5). Review vessel status against the Biosecurity Regulation 2016 definition of "non‑commercial vessel" to determine whether a vessel is excluded. For goods, limit focus to baggage carried on vessels other than non‑commercial or passenger vessels and to inorganic bulk goods as defined in s 4.

2. Update berth and cargo handling protocols: ensure that arrival scheduling and berth allocation place covered vessels at one of the designated biosecurity entry points (Bulk berth, Outer Harbour Transhipment Berth, Products Berth, TAR Berth) as required by ss 7-8 and the associated tables. For inorganic bulk cargoes and covered baggage unloaded at the port, ensure stevedoring and terminal processes move those goods to a designated biosecurity entry point "as soon as practicable" after unloading (note to s 8 and reference to s 147 of the Act).

3. Establish written notice procedures: owners and lessees must give the Agriculture Department written notice of changes to the business entity operating the port or a biosecurity entry point "as soon as practicable" after becoming aware of the change (s 9(2)-(3)). Implement a compliance trigger system within governance procedures so that any corporate reorganisation, transfer of lease, change of operating entity or similar event automatically initiates the notification process.

4. Implement a process for proposed operational changes: anyone responsible for carrying out operations at the port must give the Agriculture Department reasonable written notice of proposed changes to procedures or facilities that affect biosecurity risk management (s 9(4)-(5)). Before altering procedures, amenities, or identification and reporting processes that relate to biosecurity, prepare and send a written notice to the Department with sufficient lead time to meet the "reasonable notice" standard. Keep contemporaneous records of the date the notice was sent and the nature of the proposed change.

5. Recordkeeping and documentary evidence: create a central register that records all written notices to the Department, including the date the sender became aware of a change (where relevant), the date the notice was dispatched, the method of delivery, and any departmental responses. Because the instrument uses subjective timing standards ("as soon as practicable" and "reasonable notice"), documentary evidence of prompt action will be important in the event of enforcement scrutiny.

6. Contractual alignment with terminal operators and stevedores: amend port operating agreements, terminal operator contracts and stevedoring contracts to reflect the Determination’s routing requirements and the duty to cooperate with biosecurity officials at the designated entry points. Ensure commercial processes allocate responsibility for moving goods to designated biosecurity areas and for coordinating with biosecurity officials.

7. Facility readiness for biosecurity officials: under s 9(5)(b), proposed changes to facilities or amenities available to biosecurity officials must be notified. Maintain, or where necessary provide, facilities and amenities that enable biosecurity officials and human biosecurity officers to perform functions at the designated berths. Where changes are contemplated, notify the Department and provide access arrangements as part of the proposed change notice.

8. Training and operational awareness: ensure port staff, berth schedulers, vessel agents, terminal operators and stevedores are trained on which vessels and goods the Determination covers, on the requirement to present at the designated biosecurity entry points, and on internal triggers for notifying the Department of changes. Documentation of training and internal policies will assist compliance.

9. Liaison with the Agriculture Department: the Determination requires written notices to the "Agriculture Department". Establish an internal point of contact responsible for preparing and dispatching notices, and for managing follow‑up communications. Although the Determination does not specify an address or email, keeping records of how and when notices are sent and any Department acknowledgements will be important.

10. Contingency planning for berth unavailability: because the Determination designates specific berths, prepare contingency procedures for instances where designated berths are unavailable due to congestion, maintenance or emergency. Such procedures should document steps taken to find alternatives and to notify the Department as appropriate, showing attempts to comply with the "as soon as practicable" standard referenced in the Act (see notes to ss 7-8).

11. Legal and operational review on corporate transactions: where ownership, leasing, or management arrangements are changing, include a compliance checklist to ensure that the written notice requirement in s 9(2)-(3) is triggered and carried out. The duty applies to "an owner" or "a lessee" where multiple parties exist, so parties should allocate responsibility contractually and maintain proof of notice.

12. Maintain alignment with the Act and the Biosecurity Regulation 2016: because the Determination depends on definitions and enforcement mechanisms in the Act and the Biosecurity Regulation 2016 (s 4 and notes), ensure that compliance steps are coordinated with the requirements in those instruments. The Determination does not displace the Act’s provisions about prohibited goods, conditional permissions or enforcement.

Following these steps will align day‑to‑day port and shipping operations with the Determination’s routing and notification duties. Documented processes, contract amendments and timely notices will be the principal compliance levers; because the instrument leaves timing standards to subjective tests of practicability and reasonableness, careful recordkeeping and conservative advance notice will reduce enforcement risk.