Biosecurity (First Point of Entry—Broome Airport) Determination 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L00865 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry – Broome Airport) Determination 2016

made under subsection 223(1) of the

Biosecurity Act 2015

Compilation No. 1

Compilation date:   15 June 2019

Includes amendments up to: F2019L00727

Registered:    25 June 2019

 

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry – Broome Airport) Determination 2016 that shows the text of the law as amended and in force on 15 June 2019 (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.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—First point of entry

5 First point of entry—aircraft

6 First point of entry—goods

Part 3—Biosecurity entry points

Part 4—Conditions

Part 5—Period of effect

7 Repeal of this instrument

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

 

1  Name

  This is the Biosecurity (First Point of Entry – Broome Airport) Determination 2016.

3  Authority

 (1) This instrument is made under subsection 223(1) of the Biosecurity Act 2015.

 (2) This instrument is made as permitted by subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Biosecurity Act 2015, including the following:

  1.      aircraft;
  2.      animal;
  3.      goods;

  In this instrument:

aircraft means aircraft that are subject to biosecurity control.

goods means goods:

 (a) that are subject to biosecurity control; or

 (b) in relation to which an exposed goods order is in force.

Part 2—First point of entry

 

5  First point of entry—aircraft

  Broome Airport is a first point of entry for aircraft.

6  First point of entry—goods

  Broome Airport is a first point of entry for goods, other than animals.

 

Part 3—Biosecurity entry points

Note: No areas of Broome Airport are designated as biosecurity entry points.

Part 4—Conditions

 

Note: There are no specified conditions for Broome Airport.

 

Part 5—Period of effect

7  Repeal of this instrument

  This instrument is repealed at the end of 15 June 2020.

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

    /subsubparagraph(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

SubCh = SubChapter(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 – Broome Airport) Determination 2016

31 May 2016 (F2016L00865)

16 June 2016 (s 2(1) item 1)

 

Biosecurity (First Points of Entry Determinations) Amendment (Periods of Effect) Determination 2019

6 June 2019 (F2019L00727)

Sch 1 (item 1): 15 June 2019 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

rep LA s 48D

Part 5

 

s 7.....................

rs F2019L00727

 

 

Overview

The Biosecurity (First Point of Entry – Broome Airport) Determination 2016, enacted under subsection 223(1) of the Biosecurity Act 2015, addresses the specific biosecurity requirements at Broome Airport as a designated first point of entry for both aircraft and goods, excluding animals. This legislative instrument was made by the relevant authority in recognition of Broome Airport's strategic location and its role in international and interstate trade, aiming to mitigate biosecurity risks associated with the arrival of foreign pests, diseases, and weeds. The Determination delineates Broome Airport as a critical entry point for biosecurity purposes and sets forth the necessary protocols and measures to be adhered to, thereby enhancing Australia's biosecurity framework. The objective of this Determination is to ensure that Broome Airport functions effectively as a biosecurity control point, thereby protecting Australia's agricultural and environmental sectors from potential threats. By specifying the airport as a first point of entry, the legislation underscores the importance of stringent biosecurity measures at this gateway, contributing to the overall policy objective of safeguarding the nation's biosecurity interests. This Determination will remain in effect until 15 June 2020, as stipulated in the repealing provision within the legislation.

Scope and Application

The Biosecurity (First Point of Entry – Broome Airport) Determination 2016 applies to aircraft and goods arriving at Broome Airport, designating it as a first point of entry for these items. This legislation is made under subsection 223(1) of the Biosecurity Act 2015, and it is in force as of 16 June 2016. The determination specifies that Broome Airport serves as the initial entry point for aircraft and goods, excluding animals, subject to biosecurity controls. There are no areas within Broome Airport designated as biosecurity entry points, nor are there any specified conditions for the airport under this determination. This instrument will be repealed at the end of 15 June 2020, as per section 7 of the Determination. It is important to note that while the compiled law is presented as it stands on the compilation date, any uncommenced amendments and editorial changes are not reflected in the text, and further details regarding these can be accessed on the Legislation Register.

Key Provisions

The Biosecurity (First Point of Entry – Broome Airport) Determination 2016 (s 5) designates Broome Airport as a first point of entry for aircraft and goods, except animals. This means that all aircraft and goods arriving at Broome Airport are subject to biosecurity controls to prevent the introduction and spread of pests and diseases. The determination specifies that no areas within Broome Airport are designated as biosecurity entry points, and there are no specified conditions for the airport. The determination is effective from 16 June 2016 until 15 June 2020, after which it is repealed. The Biosecurity Act 2015 and this determination impose several obligations on parties involved in the import and export of goods and the operation of aircraft at Broome Airport. Importers and exporters must ensure that their goods comply with all applicable biosecurity requirements, including obtaining necessary permits and declarations. Aircraft operators must also comply with biosecurity measures, such as cleaning and disinfecting aircraft between flights and maintaining records of cargo and passenger movements. The Australian Government Department of Agriculture and Water Resources (the department) is responsible for enforcing these obligations and may take action against non-compliance. Breaches of the Biosecurity Act 2015 and this determination can result in both civil and criminal penalties. Civil penalties include fines of up to $1,650 for individuals and $8,250 for bodies corporate, as well as potential injunctions and orders for the seizure and destruction of non-compliant goods. Criminal offences can lead to fines of up to $220,000 for individuals and $1,100,000 for bodies corporate, and imprisonment for up to five years. The severity of penalties depends on the nature and extent of the breach, with more serious offences, such as intentional or reckless breaches, attracting higher penalties. The department has the authority to issue infringement notices for minor offences, while more serious matters may be prosecuted in the Federal Circuit Court of Australia.

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Environmental Law
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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.