Biosecurity (First Point of Entry—Port of Darwin) Determination 2019
made under subsection 229(1) of the
Biosecurity Act 2015
Compilation No. 1
Compilation date: 19 June 2020
Includes amendments up to: F2020L00746
Registered: 30 June 2020
About this compilation
This compilation
This is a compilation of the Biosecurity (First Point of Entry—Port of Darwin) Determination 2019 that shows the text of the law as amended and in force on 19 June 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part 1—Preliminary
1 Name
This is the Biosecurity (First Point of Entry—Port of Darwin) 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.
freight container means a re‑usable container:
(a) that is designed to be used to transport goods by one or more modes of transport; and
(b) that can be transferred from one mode of transport to another without unloading the goods from the container; and
(c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.
general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.
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.
non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.
non‑commercial vessel waste means waste carried on a non‑commercial vessel.
passenger vessel baggage means baggage carried on a passenger vessel.
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 Darwin is a first point of entry for vessels generally.
6 First point of entry—goods
Port of Darwin is a first point of entry for goods other than live horses.
Note: 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 Darwin 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.
Biosecurity entry points—vessels |
Item | Column 1 Vessels | Column 2 Areas |
1A | Non‑commercial vessels | Cullen Bay Pontoon |
1 | Vessels other than non‑commercial vessels | The following areas: (a) East Arm Wharf; (b) Fort Hill Wharf |
2 | Vessels other than the following: (a) non‑commercial vessels; (b) passenger vessels | The following areas: (a) Darwin Marine Supply Base; (b) Channel Island LPG Mooring; (c) Common User Facility; (d) Darwin LNG Wharf, Wickham Point; (e) HMAS Coonawarra, Attack Wharf; (f) HMAS Coonawarra, Fremantle Wharf; (g) HMAS Coonawarra, Small Boats Landing; (h) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export; (i) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export |
Note: A vessel that has arrived at Port of Darwin 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 Darwin 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.
Biosecurity entry points—goods |
Item | Column 1 Goods | Column 2 Areas |
1A | Non‑commercial vessel baggage | Cullen Bay Pontoon |
1 | Baggage other than non‑commercial vessel baggage or passenger vessel baggage | The following areas: (a) Darwin Marine Supply Base; (b) Channel Island LPG Mooring; (c) Common User Facility; (d) Darwin LNG Wharf, Wickham Point; (e) East Arm Wharf; (f) Fort Hill Wharf; (g) HMAS Coonawarra, Attack Wharf; (h) HMAS Coonawarra, Fremantle Wharf; (i) HMAS Coonawarra, Small Boats Landing; (j) Ichthys LNG Facility Product Loading Jetty 1 (PLJ1) – LPG/Condensate Export; (k) Ichthys LNG Facility Product Loading Jetty 2 (PLJ2) – LNG Export |
2 | Freight containers | East Arm Wharf |
3 | General goods | The following areas: (a) Common User Facility; (b) Darwin Marine Supply Base; (c) East Arm Wharf |
4 | Inorganic bulk goods | The following areas: (a) Channel Island LPG Mooring; (b) Common User Facility; (c) Darwin Marine Supply Base; (d) East Arm Wharf |
5 | Passenger vessel baggage | Fort Hill Wharf |
5A | Non‑commercial vessel waste | Cullen Bay Pontoon |
6 | Waste other than non‑commercial vessel waste | The following areas: (a) Darwin Marine Supply Base; (b) Common User Facility; (c) East Arm Wharf; (d) Fort Hill Wharf; (e) HMAS Coonawarra, Attack Wharf; (f) HMAS Coonawarra, Fremantle Wharf; (g) HMAS Coonawarra, Small Boats Landing |
Note: If a vessel has arrived at Port of Darwin and is carrying goods 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).
Part 4—Conditions
9 Conditions—notifying Agriculture Department of changes
(1) The determination of Port of Darwin 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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Darwin; or
(b) a biosecurity entry point at Port of Darwin;
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 Darwin becomes aware that there has been, or will be, a change to the business entity operating:
(a) Port of Darwin; or
(b) a biosecurity entry point at Port of Darwin;
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 Darwin 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 Darwin providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Darwin;
(b) a change to the facilities or amenities available at Port of Darwin for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Darwin;
(c) a change to the procedures at Port of Darwin that may affect the ability of a person who carries out operations at Port of Darwin to identify biosecurity risks associated with those operations;
(d) a change to the procedures at Port of Darwin 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 Darwin;
(e) a change to the procedures at Port of Darwin for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Darwin.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Biosecurity (First Point of Entry—Port of Darwin) Determination 2019 | 3 Dec 2019 (F2019L01560) | 16 Dec 2019 (s 2(1) item 1) | |
Biosecurity (First Point of Entry—Port of Darwin) Amendment (Non‑commercial Vessels) Determination 2020 | 18 June 2020 (F2020L00746) | 19 June 2020 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 | |
s 2..................... | rep LA s 48D |
Part 2 | |
s 5..................... | am F2020L00746 |
s 6..................... | rs F2020L00746 |
Part 3 | |
s 7..................... | am F2020L00746 |
s 8..................... | am F2020L00746 |