Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L00724 In force Legislative Instrument

Legislation content

Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2021

made under subitem 1(4) of Schedule 3 to the

Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015

Compilation No. 3

Compilation date: 15 September 2022

Includes amendments up to: F2022L01207

Registered: 19 September 2022

About this compilation

This compilation

This is a compilation of the Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2021 that shows the text of the law as amended and in force on 15 September 2022 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

5 Extension of transition period for certain landing places

6 Extension of transition period for certain ports

7 Savings—old law

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2021.

3  Authority

  This instrument is made under subitem 1(4) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015.

5  Extension of transition period for certain landing places

  The transition period for a landing place specified in column 1 of an item of the following table is extended until the end of the day specified in column 2 of that item.

 

Extension of transition period for landing places

Item

Column 1

Landing place

Column 2

Transition period end day

1

Kingsford Smith Airport, Sydney

30 November 2022

2

Norfolk Island Airport

15 March 2023

6  Extension of transition period for certain ports

  The transition period for a port specified in column 1 of an item of the following table is extended until the end of the day specified in column 2 of that item.

 

Extension of transition period for ports

Item

Column 1

Port

Column 2

Transition period end day

1

Port of Ball Bay, Norfolk Island

15 March 2022

2

Port of Cascade Bay, Norfolk Island

15 March 2022

3

Port of Christmas Island

15 March 2022

4

Port of Cocos (Keeling) Islands

15 December 2022

5

Port of Sydney Bay (Kingston), Norfolk Island

15 March 2022

7  Savings—old law

  Despite the repeal of the Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2019 and the Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument (No. 2) 2019 by Schedule 1 to this instrument, those instruments continue to apply in relation to the following as if that repeal had not happened:

 (a) Christmas Island International Airport;

 (b) Cocos (Keeling) Islands Airport;

 (c) Port Adelaide;

 (d) Alice Springs Airport;

 (e) the Port of Derby.

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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 (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2021

10 June 2021 (F2021L00724)

11 June 2021 (s 2(1) item 1)

 

Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Amendment (Norfolk Island Airport) Instrument 2022

11 Mar 2022 (F2022L00299)

12 Mar 2022 (s 2(1) item 1)

—

Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Amendment (2022 Measures No. 1) Instrument 2022

15 June 2022 (F2022L00776)

16 June 2022 (s 2(1) item 1)

—

Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Amendment (Norfolk Island Airport) Instrument (No. 2) 2022

15 Sept 2022 (F2022L01207)

10 am (A.C.T.) 15 Sept 2022 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 5.....................

am F2022L00299; F2022L00776; F2022L01207

s 6.....................

am F2022L00776

Schedule 1................

rep LA s 48C

 

 

Overview

The Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2021, made under subitem 1(4) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015, was enacted to extend the transition period for certain landing places and ports designated as first points of entry under the Biosecurity Act 2015. This legislative instrument was introduced to address the need for an extended period to implement biosecurity measures at these locations, ensuring compliance with the national biosecurity framework. The instrument was enacted by the Parliament of Australia to provide a smooth transition and implementation period for these critical biosecurity measures. The policy objective of the instrument is to safeguard Australia's biosecurity by preventing the introduction and spread of pests, diseases, and other biosecurity risks through these designated entry points. This instrument builds upon previous instruments, such as the Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2019 and its subsequent amendments, which also aimed to extend transition periods for certain biosecurity measures. Despite the repeal of these earlier instruments, they continue to apply to specific locations as outlined in the new instrument. The instrument provides an updated and consolidated set of provisions, reflecting the latest legislative changes and ensuring continuity in the application of biosecurity measures at these critical entry points.

Scope and Application

The Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2021 extends the transition period for specific landing places and ports to comply with biosecurity measures under the Biosecurity Act 2015. This legislative instrument applies to certain specified landing places and ports, notably extending their transition periods until specified dates, and is effective across Commonwealth jurisdictions. It does not explicitly exclude any persons or entities but implicitly applies to those operating within the designated landing places and ports. The instrument operates nationally, impacting all states and territories in Australia. Notably, certain locations such as Christmas Island International Airport and Cocos (Keeling) Islands Airport are subject to the repealed but saved provisions of previous instruments, ensuring continuity in biosecurity measures. The application of this instrument can be further extended or modified through subordinate instruments, aligning with the overarching biosecurity legislative framework.

Key Provisions

The Biosecurity (Consequential Amendments and Transitional Provisions) (Extension of First Points of Entry Determinations) Instrument 2021, under subitem 1(4) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015, extends the transition period for specific landing places and ports to facilitate biosecurity compliance. Section 5 of the instrument extends the transition period for the Kingsford Smith Airport in Sydney until 30 November 2022, and for the Norfolk Island Airport until 15 March 2023 (sections 5 and 6). For ports, the transition period is extended until 15 March 2022 for the Port of Ball Bay, Port of Cascade Bay, Port of Sydney Bay (Kingston) on Norfolk Island, and the Port of Christmas Island (section 6). Additionally, the transition period for the Port of Cocos (Keeling) Islands is extended until 15 December 2022 (section 6). The Act imposes specific obligations on entities operating within these extended transition periods. These entities must ensure compliance with all biosecurity measures and protocols as outlined in the relevant legislation. This includes adhering to any updated guidelines or requirements introduced during the transition period. The obligations also encompass reporting any breaches or non-compliance to the relevant authorities and cooperating with any inspections or assessments conducted by authorised personnel (section 7). The savings provisions in section 7 ensure that the repealed instruments continue to apply to certain locations, such as Christmas Island International Airport and Cocos (Keeling) Islands Airport, maintaining existing biosecurity measures until the new transition periods commence. Failure to comply with the provisions of this instrument can result in civil or criminal penalties. The exact nature and severity of these penalties depend on the specific breach and the applicable laws. For instance, non-compliance with biosecurity measures can lead to fines or imprisonment as stipulated by the relevant biosecurity legislation. The maximum penalties for such offences are determined by the specific regulations governing the biosecurity measures in question. Additionally, any entity found to be in breach of the extended transition period requirements may face enforcement actions, including the imposition of fines or other corrective measures as deemed appropriate by the authorities (section 7).

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Transitional Provisions
Repeal & Amendment

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.