Biosecurity (First Point of Entry—Sunshine Coast Airport) Determination 2019

The instrument organises a few discrete statutory concepts. Each concept is defined or referenced within the instrument itself and, where the instrument refers outward, it identifies the relevant sections of the Biosecurity Act 2015.

First point of entry. The instrument designates Sunshine Coast Airport as a first point of entry for two overlapping purposes: aircraft generally (s 5) and a limited list of goods (s 6). The phrase “first point of entry” is used repeatedly; the instrument does not itself define it, but points to the Act for definitions and consequences (s 4 note and s 6 Note 2). By operation of the instrument, aircraft and the listed goods arrive at a location that attracts the Act’s rules for first points of entry.

Goods, baggage and waste. The instrument adopts the Act’s defined term “goods” from s 19 (s 4). Within that class, the instrument distinguishes baggage (s 6(a)) and waste (s 6(b)). It also supplies a bespoke definition of “waste” for the instrument: goods that are subject to biosecurity control and that the person in charge of the aircraft intends to dispose of (s 4). Baggage is treated as a distinct class of goods in the instrument, and the instrument designates two specific areas as the biosecurity entry points for baggage (s 8 and attached table).

Biosecurity entry point. The instrument designates particular areas at the airport as biosecurity entry points for goods in the table under s 8. Only baggage has designated biosecurity entry points at Sunshine Coast Airport (Sunshine Coast Airport International Terminal; Machjet International Terminal) (s 8 table). The instrument explicitly states it does not designate any area as a biosecurity entry point for aircraft (s 7 note). The instrument further notes that if goods listed in the table are to be unloaded, those goods must be brought to a biosecurity entry point for the goods as soon as practicable, citing s 147 of the Act (s 8 Note 1). Conversely, the instrument notes that it does not designate biosecurity entry points for other goods for which Sunshine Coast Airport is a first point of entry, and that the s 147 requirement therefore does not apply to unloading of those other goods (s 8 Note 2).

Conditions and notification obligations. Part 4 sets conditions for the airport’s first point of entry status (s 9). These conditions create three overlapping notification duties: an owners’ duty to notify in writing of changes to the business entity operating the airport or a biosecurity entry point (s 9(2)), a corresponding lessees’ duty (s 9(3)), and a duty on any person or body responsible for carrying out operations at the airport to give reasonable written notice before proposing specified operational changes (s 9(4)). The instrument specifies the types of changes that require notice: changes to biosecurity procedures, to facilities or amenities for biosecurity officials and human biosecurity officers, to procedures that affect risk identification or information flows to biosecurity officials, or to procedures that affect factors contributing to biosecurity risk (s 9(5)(a)-(e)).

Delegation and formal maker. The instrument identifies Dean Merrilees, Assistant Secretary Compliance Division, Department of Agriculture, as the delegate of the Director of Biosecurity who made the determination, with the instrument dated 7 June 2019. The statutory authority for making the instrument is subsection 223(1) of the Biosecurity Act 2015 (header and s 3).

Cross‑references to the Act. The instrument repeatedly directs attention to the Biosecurity Act 2015 for definitions and other regime rules: s 4 refers to s 9 and s 19 of the Act; notes under ss 6-8 refer to ss 147, 173, 174 and 238 of the Act. The instrument does not restate the content of those Act provisions; instead it uses them as anchors for the scope and operation of its own designations.

Taken together, the main concepts create a limited spatial and functional biosecurity architecture at Sunshine Coast Airport: the airport is a first point of entry, baggage will be channelled through two named biosecurity entry points, the airport’s first point status is conditional on notification of material changes, and various statutory obligations in the Act will continue to apply where referenced by the instrument (ss 5-9).

The instrument allocates duties and establishes operational designations that affect a defined set of actors, all of whom are mentioned or inferred by specific provisions.

Airport owners. The instrument imposes an express written‑notice obligation on the owner (or any one owner where there are multiple owners) if that owner becomes aware of a change to the business entity operating the airport or a biosecurity entry point (s 9(2)). That supplies a named, ongoing compliance role for owners.

Lessees. Where there is a lessee, the instrument places a parallel duty on any one lessee to give written notice of the same kinds of changes (s 9(3)). This creates a separate compliance obligation for parties holding leases.

Persons or bodies responsible for operations. The instrument requires that any person or body responsible for carrying out operations at the airport must give the Agriculture Department reasonable written notice if they propose certain changes (s 9(4)). The instrument is framed to capture operators, contractors, and service providers who run airport operations or facilities, insofar as they are “responsible for carrying out operations”.

Airlines and aircraft operators. The instrument designates Sunshine Coast Airport as a first point of entry for aircraft generally (s 5). That designation interacts with the Biosecurity Act’s rules about aircraft arriving at first points of entry (s 7 note, referencing s 238 of the Act). Although this instrument does not make any area a biosecurity entry point for aircraft (s 7 note), the status of the airport as a first point of entry means that aircraft operators and their ground handling agents must be aware that other Act provisions may apply to them when operating at Sunshine Coast Airport.

Passengers and holders of baggage. Baggage is the principal class of goods that the instrument designates for first point of entry treatment (s 6(a)). The instrument further designates two specific biosecurity entry points for baggage (s 8). Passengers and baggage handlers will be affected in practice because baggage unloaded from arriving aircraft that is to be unloaded must be brought to a biosecurity entry point for those goods as soon as practicable (s 8 Note 1, citing s 147 of the Act). The instrument therefore affects passenger movements of goods and baggage handling operations.

Handlers of waste. The instrument states that Sunshine Coast Airport is a first point of entry for “waste” (s 6(b)) and defines “waste” narrowly in the instrument as goods that are subject to biosecurity control and that the person in charge of the aircraft intends to dispose of (s 4). However, the instrument does not designate a biosecurity entry point for waste in the table under s 8, and accordingly the s 147 unloading requirement does not apply to unloading of those other goods (s 8 Note 2). Waste handlers, airlines that intend to dispose of goods, and contractors responsible for waste management at the airport should take particular note of this gap between first point designation and biosecurity entry point designation.

Biosecurity officials and the Agriculture Department. The Department of Agriculture is the recipient of the multiple written notice obligations (s 9(2)-(4)). The instrument also refers to amenities and facilities for biosecurity officials and human biosecurity officers (s 9(5)(b)), which means that departmental staff and any human biosecurity officers designated under the Act are stakeholders who will expect operational support at the airport.

Ground handlers and terminal operators. Because the baggage biosecurity entry points are specifically named (s 8 table), terminal operators, ground handlers, and contracted baggage screeners will need to orient their procedures and flows to ensure baggage going through Sunshine Coast Airport’s international operations is presented at the specified areas.

Other parties with contractual or business involvement at the airport. The notification obligations and the requirement to give reasonable notice about proposed operational changes (s 9(4)-(5)) reach beyond owners and lessees to any person or body responsible for operations, which may include private contractors, concessionaires, and third party service providers. They will need to create governance arrangements that capture the required notice flows to the Department.

Summary. The instrument identifies owners, lessees, persons or bodies responsible for operations, airlines, baggage handlers, waste handlers, biosecurity officials and the Agriculture Department as materially affected actors, with primary operational impacts focused on baggage presentation points, written notice obligations, and procedural accommodation for biosecurity authorities (ss 4, 5-9).

The determination creates a narrow set of duties and implicitly shapes certain operational rights by designating where biosecurity activity must take place.

Duties imposed by the instrument

• Owners’ notification duty. An owner, or any one owner if there are multiple owners, must give the Agriculture Department written notice as soon as practicable after becoming aware that there has been, or will be, a change to the business entity operating the airport or a biosecurity entry point (s 9(2)). The duty is one of prompt written communication tied to awareness of the change.

• Lessees’ notification duty. A lessee, or any one lessee if there are multiple lessees, has the same duty to give the Agriculture Department written notice as soon as practicable after becoming aware of changes to the business entity operating the airport or a biosecurity entry point (s 9(3)).

• Operators’ proposed‑change notice duty. Any person or body responsible for carrying out operations at the airport who proposes to make a specified list of changes must give the Agriculture Department reasonable written notice of the proposed change (s 9(4)). The instrument lists the kinds of proposed changes that attract the reasonable‑notice requirement in s 9(5): changes to biosecurity procedures; changes to facilities or amenities for biosecurity officials and human biosecurity officers; changes that may affect the ability to identify biosecurity risks; changes that may affect the ability to inform biosecurity officials of identified risks; and changes to procedures for managing other factors that may affect biosecurity risk (s 9(5)(a)-(e)).

• Presentation duty for baggage. While the instrument itself does not restate the Act’s unloading rule, it notes that goods mentioned in the table (baggage) that are to be unloaded must be brought to a biosecurity entry point for those goods as soon as practicable (s 8 Note 1, citing s 147 of the Act). This creates a practical duty on whoever unloads baggage to present it at the named biosecurity entry points.

Duties not included in the instrument

• No explicit penalty or enforcement provisions are included in the determination itself. The instrument imposes conditions and notification duties but does not specify sanctions for non‑compliance within its own text (Part 4, s 9). The instrument refers to the Biosecurity Act 2015 for related requirements but does not reproduce enforcement mechanics.

Rights and operational effects

• Designation of physical space. The instrument confers practical rights of placement for biosecurity activity by designating two terminal areas as biosecurity entry points for baggage (s 8 table). That means biosecurity officials will be expected to operate in those named spaces and operators should expect inspections and other entry‑point activities there.

• First point of entry status for aircraft. The airport’s status as a first point of entry for aircraft generally (s 5) places the airport within the statutory regime created by the Act for first points of entry. The instrument does not create per se new rights for airport operators or airlines, but it places them within the Act’s governance framework, which will allocate rights and powers elsewhere in the Act.

• Limited coverage of goods. The instrument explicitly restricts the classes of goods for which Sunshine Coast Airport is a first point of entry to baggage and waste (s 6). It then designates biosecurity entry points only for baggage (s 8). This differential treatment creates asymmetric duties: baggage will be channelled through specified terminals and subject to the Act’s unloading requirement (s 8 Note 1), while waste, though a first point of entry, does not have a designated biosecurity entry point and so the unloading requirement does not automatically apply at the airport for waste (s 6(b); s 8 Note 2).

Administrative and procedural features

• Written form requirement. All notices required by the instrument must be provided in writing (s 9(2)-(4)), which creates a document trail requirement for owners, lessees and operationally responsible parties.

• Temporal standards. The instrument uses two temporal standards for notice: “as soon as practicable” for owners and lessees (s 9(2)-(3)), and “reasonable notice” for proposed changes by operators (s 9(4)). These are context‑sensitive standards rather than fixed timeframes, which can produce operational uncertainty and require internal procedures to determine what qualifies as reasonable or practicable in the circumstances.

Summary. The instrument imposes specific written‑notice duties on owners, lessees and operators; channels baggage through two named biosecurity entry points; leaves waste without a designated entry point for the purposes of the unloading rule; requires written communication and context‑sensitive timing; and does not itself create or state enforcement penalties (ss 5-9).

The determination does not itself prescribe penalties, fines, or the enforcement mechanisms that would apply for non‑compliance with the instrument’s conditions. The instrument makes clear it is issued under subsection 223(1) of the Biosecurity Act 2015 (s 3) and repeatedly references the Act for related operational rules (s 4 note; ss 6-8 notes). The practical consequence of that structure is that enforcement and penalty matters are to be found in the Biosecurity Act 2015 rather than in this instrument.

What the instrument does specify about enforcement‑adjacent matters

• Conditions attach to the airport’s status. The instrument states that the airport’s designation as a first point of entry is subject to the conditions in s 9 (s 9(1)). That means continued recognition as a first point of entry is conditional on compliance with the notification duties set out in Part 4. The instrument does not specify the consequence of failing to meet those conditions in its own text.

• Referral to Act for operational rules. The instrument’s notes direct users to particular sections of the Act for related operational matters: s 147 (bringing unloaded goods to biosecurity entry points), s 173 and s 174 (prohibited and conditionally non‑prohibited goods), and s 238 (requirements for aircraft to be brought to a biosecurity entry point) (s 6 Note 2; s 8 notes; s 7 note). Those Act provisions carry their own compliance and enforcement machinery, which the instrument leaves intact.

What is not in the instrument

• No internal sanction clause. There is no clause within the determination imposing a civil penalty, criminal penalty, or administrative sanction for failing to give the written notices or to present baggage to the designated biosecurity entry points. The instrument relies on the broader statutory framework in the Act for enforcement.

• No specification of Departmental responses. The instrument does not set out any procedural response the Agriculture Department must take upon receipt of a notice, nor does it set timeframes for the Department to act. The instrument simply requires that notices be given in writing and that reasonable or practicable timing be observed by the airport parties (s 9(2)-(4)).

Operational implications for compliance assurance

• Risk of regulatory action under the Act. Because the instrument is made under the Act and repeatedly cross‑references the Act, failure to comply with the instrument’s conditions may expose entities to whatever enforcement powers and sanctions the Act provides. The instrument itself does not reproduce those powers, so affected parties must consult the Biosecurity Act 2015 to understand the enforcement consequences.

• Recordkeeping and documentary evidence. The written‑notice obligations create an evidentiary trail. In the absence of express internal sanctions, regulatory action will likely focus on whether notices were provided and the timing and content of those notices; accordingly, maintaining contemporaneous records of notification and of the internal decision that triggered notice will be a practical compliance measure.

Summary. The determination imposes conditions and duties but leaves penalty and enforcement detail to the Biosecurity Act 2015; it contains no express sanctions or Departmental procedures within its own text (s 9; cross references in ss 6-8 and s 3). Parties should therefore assume that enforcement mechanics and penalties will be governed by the Act rather than by this instrument alone.

This determination operates within the framework of the Biosecurity Act 2015 by explicit reference and by omission. The instrument contains multiple cross‑references to particular provisions of the Act and relies on the Act for definitions and operational rules. The instrument does not purport to alter the statutory content of the Act; rather it designates a place and sets conditions that interface with the Act’s regime.

Statutory cross‑references made in the instrument

• Definitions in the Act. The instrument acknowledges that a number of expressions it uses are defined in s 9 of the Act and takes the Act’s definition of “goods” from s 19 (s 4). This means that key terms in the instrument , for example “aircraft”, “goods”, and possibly “human biosecurity officers” , must be read with reference to the Act’s definitions in s 9 and s 19.

• Authority to make the instrument. The instrument is made under subsection 223(1) of the Act (s 3), which is the statutory gateway for the Director of Biosecurity (or delegate) to make such determinations.

• Unloading requirement. The instrument notes the operation of s 147 of the Act: where an aircraft arrives at a first point of entry and is carrying goods listed in the instrument’s table that are to be unloaded, those goods must be brought to a biosecurity entry point as soon as practicable (s 8 Note 1). The instrument defers to the Act for the substance of that duty and its consequences.

• Prohibited and conditionally non‑prohibited goods. The instrument points to ss 173 and 174 of the Act for other matters relating to whether particular goods may be brought into a first point of entry (s 6 Note 2). Those Act provisions will determine whether particular goods are prohibited or subject to conditional import.

• Aircraft movement to entry points. The instrument refers to s 238 of the Act in a note under s 7. The note explains the Act’s rule that an aircraft must be brought to a biosecurity entry point at a first point of entry if a biosecurity entry point exists for the aircraft at that first point of entry. The instrument then records that it does not designate any area at Sunshine Coast Airport as a biosecurity entry point for aircraft (s 7 note), which means the s 238 requirement will not apply at this airport.

Consequences of the instrument’s specific design choices

• First point of entry but no aircraft entry points. The instrument’s choice to declare the airport a first point of entry for aircraft generally (s 5) while not designating any area as a biosecurity entry point for aircraft (s 7 note) creates a reading where aircraft arrive at a first point of entry but are not required by this instrument to be brought to a specific biosecurity entry point within the airport. The Act’s s 238 obligation to bring aircraft to a biosecurity entry point only triggers where the first point of entry has an aircraft biosecurity entry point; because this instrument does not designate such an area, the s 238 obligation does not apply at Sunshine Coast Airport as a matter of this instrument (s 7 note).

• Goods coverage versus entry‑point designation. The instrument designates baggage and waste as the only goods for which the airport is a first point of entry (s 6). It then designates biosecurity entry points only for baggage and not for waste (s 8 table; s 8 Note 2). As a result, the s 147 unloading requirement applies to baggage (via s 8 Note 1 and the Act) but, by the instrument’s own note, does not apply to unloading of waste at Sunshine Coast Airport (s 8 Note 2). This is an internal interaction the instrument creates between its own classifications and the Act’s unloading rule.

• Deferral of enforcement substance to the Act. The instrument deliberately leaves enforcement mechanics and penalty content to the Act. Its written‑notice conditions are expressed in terms that require compliance but do not state sanctions, so interaction with enforcement law in the Act will determine consequences for breaches.

No references to other Commonwealth, State or local laws are made within the instrument beyond the Biosecurity Act 2015. The instrument therefore should be read primarily as a regulatory designation within the Act’s architecture rather than as a standalone regime intersecting other legislative instruments. A reader seeking to understand the full compliance and enforcement framework must consult the Biosecurity Act 2015 for the operative definitions, powers, duties, sanctions and procedures that the instrument repeatedly invokes but does not reproduce (s 3; s 4 note; ss 6-8 notes).

The instrument contains a single commencement entry and an explicit note about the table’s scope. The commencement table in s 2 states that the whole of the instrument commenced on 16 June 2019. The visible metadata at the head identifies the instrument as made on 7 June 2019 by the delegate of the Director of Biosecurity and signed by Dean Merrilees, Assistant Secretary Compliance Division, Department of Agriculture.

Key points about amendments and historical status as provided in the text

• Original commencement. The instrument’s entire text is recorded as commencing on 16 June 2019 (s 2, Commencement table). That is the only temporal entry in the instrument’s commencement table.

• Note on the commencement table’s scope. The instrument contains a note in the commencement table that the table relates only to the provisions of the instrument as originally made and will not be amended to reflect later amendments of the instrument (s 2(1) Note). This is a standard drafting device indicating that the printed commencement table records the original commencement and is not updated in subsequent versions.

• No amendments recorded in the instrument text. There are no subsequent amendment clauses, variation clauses, revocation clauses or schedules within the instrument’s text indicating later change. The instrument as provided therefore reflects the original instrument as made and commenced on the date indicated.

• Administrative provenance. The instrument identifies the delegate and the Departmental office that issued the instrument: Dean Merrilees, Assistant Secretary Compliance Division, Department of Agriculture (header). It also cites the enabling provision in the Act, subsection 223(1) (s 3), which is the statutory authority for the Director of Biosecurity (or delegate) to make the determination.

What is not in the instrument’s amendment record

• No recorded variations, revocations or subsequent determinations. The instrument contains no express amendment history entries, no amendment schedule, and no note of later determinations modifying any of the designations or conditions. If there have been later amendments in the Federal Register or elsewhere, they are not recorded in the document provided.

• No transitional arrangements or sunset. The instrument contains no clause imposing a sunset date on the designation, nor any transitional provisions for changes of status. The only temporally framed obligations are the notice timing standards (as soon as practicable; reasonable notice) for the notification duties in s 9.

Practical reading. Based on the instrument’s internal text, the current version as supplied reflects the original determination made in June 2019 and contains no recorded amendments within the document itself. Users seeking to confirm whether later variations exist must consult the authoritative instrument register or the Federal Register of Legislation outside this text, because the instrument itself cautions that the commencement table will not be updated for later amendments (s 2 Note).

The instrument itself does not record, refer to, or annex any case law or litigation history. There are no court decisions, tribunal determinations, or legal proceedings mentioned anywhere in the text. The instrument contains only the statutory designation and the operational and conditional provisions described in Parts 1-4.

Given that the instrument operates under the Biosecurity Act 2015, any litigation that might arise from the instrument , for example, disputes over whether a particular change required notification under s 9, or whether an operator complied with the requirement to bring baggage to a designated biosecurity entry point as soon as practicable , would be decided under the Act and relevant courts or tribunals. However, the instrument does not provide, summarise or cite any judicial or tribunal rulings. There are therefore no litigated interpretations of the instrument’s terms recorded in the instrument text itself.

What the instrument does show that could spawn litigation‑relevant issues

• Ambiguous temporal standards. The instrument uses “as soon as practicable” and “reasonable notice” as timing standards (s 9(2)-(4)). Those open‑textured standards could be the focus of dispute if the Agriculture Department or a third party alleges late or inadequate notice.

• Who must notify. The instrument specifies that if there are multiple owners or lessees, “an owner” or “a lessee” must give notice (s 9(2)-(3)). This formulation could generate legal argument about which owner or lessee bears the risk if notice is not given.

• Scope of proposed changes. The instrument lists categories of procedural and facility changes that attract notice (s 9(5)(a)-(e)). Whether a particular operational modification falls within those categories will be a fact‑sensitive inquiry, and therefore a potential source of dispute.

Absence of litigation references. Because the instrument contains no recorded litigation history, readers seeking precedent on interpretation will need to locate cases under the Biosecurity Act 2015 or advisory decisions involving first point of entry determinations more generally. Those materials are not reproduced or referenced in the instrument text supplied.

The instrument contains multiple drafting choices and cross‑references that create potential operational pitfalls for airport operators, airlines, handlers and contractors. These are the concrete points that commonly cause compliance failures or operational friction.

1. First point of entry for waste but no biosecurity entry point designated for waste. The instrument designates Sunshine Coast Airport as a first point of entry for waste (s 6(b)) but the table of biosecurity entry points lists only baggage (s 8 table). The instrument expressly notes that it does not designate biosecurity entry points for other goods for which the airport is a first point of entry, and that the s 147 unloading requirement does not therefore apply to unloading of those other goods (s 8 Note 2). Practical consequence: airlines or handlers that expect an automatic obligation to present waste at a specified biosecurity entry point will be surprised; the airport remains a first point of entry for waste, but no named biosecurity entry point exists in this instrument. That mismatch is a likely source of operational confusion.

2. Aircraft recognised as arriving at a first point of entry but no aircraft biosecurity entry point established. The airport is a first point of entry for aircraft generally (s 5) but the instrument does not designate any area as a biosecurity entry point for aircraft (s 7 note). Section 238 of the Act is cited in s 7 note as the source of the rule that would normally require aircraft to be brought to a biosecurity entry point at a first point of entry; because this instrument does not set a biosecurity entry point for aircraft, the s 238 obligation is not triggered at Sunshine Coast Airport. Operational effect: airlines should not assume that the usual aircraft‑level biosecurity entry point procedures apply at this airport simply because it is a first point of entry.

3. “An owner” or “a lessee” can discharge the notice duty. The notification duties in s 9(2)-(3) require an owner, or any one owner where there are multiple owners, to give notice, and the same formulation applies to lessees. Where there are multiple joint owners or multiple lessees, only one need give notice to comply with the instrument, but that creates risk allocation questions internally. Which owner or lessee bears responsibility under contractual arrangements will need to be addressed; otherwise there is a risk of no notice being given because each party assumes another will act.

4. Temporal vagueness: “as soon as practicable” and “reasonable notice”. Both are context dependent. A party that delays notification may be exposed to regulatory action under the Act if the Department concludes the delay was unreasonable. The instrument does not supply timeframes, leaving room for disagreement about compliance timing.

5. Written form requirement without prescribed content. Notices must be in writing (s 9(2)-(4)), but the instrument does not specify what information the notice must contain. A superficial or incomplete written notice might technically meet the “in writing” requirement but fail to provide necessary content for the Department to assess the change. The instrument leaves it to Departmental practice to clarify content expectations.

6. Facilities and amenities for biosecurity officials mentioned but not specified. The instrument requires notification about changes to “facilities or amenities available at Sunshine Coast Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act” (s 9(5)(b)). The instrument does not specify what facilities or amenities must exist. This creates uncertainty for airport operators planning terminal configuration or staff accommodation.

7. Interplay with Act provisions not reproduced. The instrument references ss 147, 173, 174 and 238 of the Act but does not reproduce their content. Operators who rely only on this instrument without reading the referenced Act provisions risk missing substantive duties or prohibitions that apply at first points of entry.

8. Liability fragmentation among contractors. The instrument’s capture of “a person or body that is responsible for carrying out operations” (s 9(4)) can include contractors. When multiple contractors perform operational roles, the contract allocation of the notification duty is critical; absent clear contractual assignment, notices may not be given, or the wrong party may be pursued for non‑compliance.

9. The instrument is silent on consequences for failing to notify. Because the instrument does not lay out sanctions, parties may mistakenly assume there are none. In practice, however, the Act’s enforcement regime would apply, and failing to notify may lead to Departmental action or administrative consequences under the Act rather than under this instrument itself.

10. Specific named biosecurity entry points for baggage. Baggage must be taken to the Sunshine Coast Airport International Terminal or to the Machjet International Terminal (s 8 table). Where operations are relocated within the airport, or where an aircraft unloads baggage at a different apron or terminal, operators must either ensure baggage is promptly moved to those designated areas or seek clarification from the Department. Failure to do so could be treated as a breach of the Act’s unloading requirement, as referenced in s 8 Note 1.

These are the concrete operational “gotchas” that follow from the instrument’s text. Each arises from a literal reading of the instrument’s designations, the way it uses timing standards, the split between first point of entry status and designated biosecurity entry points, and the limited procedural detail about notices.

Compliance with this determination requires administrative setup, operational alignment, contract adjustments and clear communication channels with the Agriculture Department. The instrument prescribes a small number of express actions; the following practical checklist converts its terms into implementable steps.

1. Identify responsible parties and allocate notice duties

• Determine who are the airport’s legal owners and lessees and document which individual or role will be responsible for providing written notices under s 9(2)-(3). Because the instrument allows “an owner” or “a lessee” to provide notice where there are multiple parties (s 9(2)-(3)), record the appointed notifier and ensure internal delegation is documented.
• Identify all contractors and service providers who are “responsible for carrying out operations” at the airport and include an obligation in contracts requiring them to give the airport operator reasonable notice of any proposed changes that fall within s 9(5)(a)-(e). This secures the upstream notification duty and avoids gaps.

2. Establish notice procedures and recordkeeping

• Create a written‑notice template for s 9 notifications. While the instrument does not prescribe content, include at minimum: the nature of the change, the business entity affected, the effective or proposed date, an assessment of how the change affects biosecurity procedures or facilities, contact details, and any proposed mitigation.
• Adopt internal standards for timing: define what “as soon as practicable” and “reasonable notice” mean in airport practice, with tiering for emergency changes, planned operational changes and minor administrative changes. Document these standards and ensure consistent application.
• Maintain a central register of all notices sent to the Agriculture Department and all responses received. Keep contemporaneous logged evidence of when notice was given and who authorised it.

3. Align operational flows to designated biosecurity entry points for baggage

• Ensure baggage unloading and baggage handling procedures direct arriving international baggage to the Sunshine Coast Airport International Terminal and the Machjet International Terminal as the designated biosecurity entry points (s 8 table).
• Train ground handling staff and terminal operations teams on the “as soon as practicable” presentation requirement for baggage that is to be unloaded (s 8 Note 1). Clarify steps for situations where baggage is unloaded elsewhere and must be moved to a designated terminal.

4. Address the waste‑handling anomaly

• Recognise that waste is designated as a class of goods for which the airport is a first point of entry (s 6(b)) but that no biosecurity entry point for waste is named in the instrument (s 8 table, s 8 Note 2). Until the Department provides direction, incorporate a written risk protocol for waste arriving on aircraft: segregate as required, retain documentation, and coordinate with the Agriculture Department before disposal where there is doubt about biosecurity control status.
• Include contractual clauses with waste contractors that require them to cooperate with Departmental requests and to preserve chain of custody records for disposed goods.

5. Prepare facilities and amenities for biosecurity officials

• Review terminal facilities and amenities to ensure biosecurity officials and human biosecurity officers have reasonable physical space and access to amenities to perform functions. If facility changes are proposed, give the Department reasonable written notice as required (s 9(4)-(5)(b)).
• Document any planned changes to procedures or facilities that could affect the ability to identify or inform biosecurity officials of risks (s 9(5)(c)-(d)). Provide the Department with supporting materials in advance.

6. Integrate contractual and operational controls with contractors and airlines

• Amend contracts with airlines, ground handlers and other operators to require early notification of operational changes that may affect biosecurity risk. Allocate responsibility for giving the Department notice where the contractor is the party proposing a change.
• Include obligations on contractors to assist in the movement of baggage to the designated biosecurity entry points where necessary.

7. Create communication channels with the Agriculture Department

• Establish a nominated point of contact at the Department for notices under s 9. Use the Department’s preferred channels for written notices and request acknowledgment receipts for all notices sent.
• Where there is uncertainty about whether a proposed change triggers s 9(5), provide a short, written pre‑notification seeking Departmental guidance. This reduces the risk of delayed or insufficient notice.

8. Training and internal escalation

• Train management, operations staff and contractors about the written notice obligations, the designated baggage entry points, and the distinction between “first point of entry” status and the existence of a biosecurity entry point for particular goods.
• Set up an escalation process for urgent issues or changes that may have immediate biosecurity implications so that the Agriculture Department receives rapid written notice consistent with the “as soon as practicable” standard.

9. Audit and compliance review

• Periodically audit compliance with the instrument’s notice requirements, the movement of baggage to the designated terminals, and the sufficiency of facilities for biosecurity officials. Keep audit reports to show proactive compliance efforts.
• Review contracts annually to ensure the allocation of notification duties remains aligned with operational realities and personnel changes.

10. Legal and policy review

• While the instrument does not specify penalties, treat non‑compliance as potentially exposing the entity to action under the Biosecurity Act 2015. Legal counsel should review notice wording and timing practices to reduce regulatory risk.
• Monitor Departmental communications for any subsequent determinations or guidance clarifying the instrument’s operation, including whether biosecurity entry points for waste or for aircraft at the airport are later designated.

Summary checklist (practical, minimum steps)

• Appoint and document the notifier(s) for owners and lessees.
• Produce written notice templates and a register of notices.
• Ensure baggage handling is routed to the two named terminals.
• Implement a protocol for aircraft waste that recognises the lack of a designated waste entry point.
• Give reasonable pre‑notice for proposed procedural or facility changes to the Department.
• Maintain evidence of notices and of operational compliance.

Following these steps will convert the determination’s abstract notice and spatial requirements into concrete operational controls and records that reduce the practical risk of non‑compliance with the instrument as drafted (ss 5-9).