EXPLANATORY STATEMENT
Issued by Authority of the Director of Biosecurity
Biosecurity Act 2015
Biosecurity (First Point of Entry—Broome International Airport) Amendment (2026 Measures No. 1) Determination 2026
Legislative Authority
The Biosecurity Act 2015 (the Biosecurity Act) provides the regulatory framework for the management of diseases and pests that may cause harm to human, animal or plant health or the environment.
The Biosecurity (First Point of Entry—Broome International Airport) Amendment (2026 Measures No. 1) Determination 2026 (the Amendment Determination) is made under section 227 of the Biosecurity Act. The Amendment Determination makes amendments to the Biosecurity (First Point of Entry—Broome International Airport) Determination 2020 (the Broome International Airport Determination), which is made under subsection 223(1) of the Biosecurity Act.
Section 227 of the Biosecurity Act provides that if a determination is made under subsection 223(1) in relation to a landing place, the Director who made the determination may vary or revoke the determination, or vary the conditions specified in the determination (including by imposing new conditions), if the Director is satisfied of any of the matters set out in paragraphs 227(a) to (e) of the Biosecurity Act.
Paragraph 227(e) of the Biosecurity Act provides that one of these matters is that a circumstance prescribed by the regulations has occurred. Paragraph 57(c) of the Biosecurity Regulation 2016 (the Biosecurity Regulation) provides that a circumstance in which the Director may vary or revoke a determination, or vary the conditions of a determination, under section 227 of the Biosecurity Act in relation to a landing place is that the operator of the landing place has requested the variation or the revocation of the determination, or the variation of the conditions. An operator at Broome International Airport (the Airport) has requested variations to the Broome International Airport Determination.
Purpose
The purpose of the Amendment Determination is to vary the Broome International Airport Determination to change the name of an area of the Airport designated as a biosecurity entry point (BEP) for baggage.
The Broome International Airport Determination designated the areas of the Airport known as Cobham Hangar and International Charter Processing Point as BEPs for baggage. The area known as Cobham Hangar is now operated by Leidos Airborne Solutions Australia Pty Ltd (Leidos) and the area is now known as Leidos Hangar. The Amendment Determination therefore amends the Broome International Airport Determination to omit the reference to Cobham Hangar as a designated BEP for baggage and substitute it with a reference to Leidos Hangar.
Background
The Department of Agriculture, Fisheries and Forestry (the department) administers the Biosecurity Act to manage biosecurity threats that may cause harm to human, animal or plant health or the environment. The Biosecurity Act provides the Commonwealth with powers to assess and manage biosecurity risk, among other things. ‘Biosecurity risk’ is defined in section 9 of the Biosecurity Act.
On 11 June 2020, a delegate of the Director of Biosecurity made the Broome International Airport Determination, determining the Airport as a first point of entry for aircraft and goods, other than live horses, and designating Cobham Hangar and International Charter Processing Point at the Airport as BEPs for baggage. The Broome International Airport Determination commenced on 16 June 2020.
Section 147 of the Act provides that if an aircraft has arrived at a first point of entry for the aircraft, and there is a BEP at the first point of entry for goods that are to be unloaded from the aircraft, the person in charge of the aircraft must ensure the goods are brought to a BEP for those goods as soon as practicable, subject to certain exceptions.
Leidos, an operator at the Airport, requested that the Broome International Airport Determination be amended to reflect the acquisition of Cobham Aviation Services Australia Pty Ltd by Leidos. This included a request that the area in which they operate, formerly known as Cobham Hangar, be a BEP for baggage.
For the purposes of the Amendment Determination, the delegate of the Director of Biosecurity was satisfied that this request was a circumstance prescribed by the Biosecurity Regulation (see paragraph 57(c) of the Biosecurity Regulation). The delegate could, therefore, consider whether to vary the Broome International Airport Determination (see paragraph 227(e) of the Biosecurity Act).
Leidos Hangar has been assessed as having the required facilities to assess and, if necessary, treat biosecurity risks associated with aircraft and goods, other than live horses, commensurate with operations at that area of the Airport. In particular, it has been assessed by the department as having appropriate procedures in place for providing biosecurity measures and having adequate facilities and amenities available for biosecurity and human biosecurity officers to perform functions or exercise powers under the Biosecurity Act. The department has assessed Leidos Hangar as complying with the requirements in section 56 of the Biosecurity Regulation, as guided by the department’s assessment of the area against the First Point of Entry Biosecurity Standards (Landing Places), and has assessed that the management of biosecurity risks at the area is acceptable. The Standards are prepared and published by the department and are available on the department’s website.
The delegate therefore made the Amendment Determination under section 227 of the Act to vary the Broome International Airport Determination by omitting the reference to Cobham Hangar as an area designated as a BEP for baggage, and substituting it with a reference to Leidos Hangar.
Impact and Effect
The Amendment Determination amends the Broome International Airport Determination to omit the reference to Cobham Hangar as an area of the Airport designated as a BEP for baggage and substitute it with a reference to Leidos Hangar.
The amendment reflects the change of the entity operating at this area of the Airport, and the change of name of the area. The effect of the amendment is that baggage to be unloaded from an aircraft arriving at the Airport must be taken as soon as practicable to either Leidos Hangar or International Charter Processing Point.
Consultation
In considering whether to make the Amendment Determination the department engaged directly with Leidos. This included engaging in correspondence and conducting a site visit to ensure appropriate facilities were in place to manage biosecurity risk at the hangar.
The department also advised Broome International Airport Group, the Airport owner, of the intention to vary the Broome International Airport Determination to remove the reference to Cobham Hangar and substitute it with Leidos Hangar. Broome International Airport Group did not express any concerns.
The Department of Health, Disability and Ageing has been consulted in relation to the Amendment Determination and provided a letter of endorsement on 19 May 2026.
Details/ Operation
The Amendment Determination commences on the day after registration.
Details of the Amendment Determination are set out in the Attachment.
Other
The Amendment Determination is a legislative instrument, but under paragraph 228(b) of the Biosecurity Act, section 42 (disallowance) of the Legislation Act 2003 (the Legislation Act) does not apply to the Amendment Determination.
The exemption from disallowance for the instrument is set out in primary legislation. The justification for the instrument being exempt includes that the Amendment Determination, by varying the Broome International Airport Determination, implements technically and scientifically based decisions to manage biosecurity risks arising from aircraft, and the goods they carry, arriving in Australian territory from overseas, and thereby enables the government to uphold the objectives of the biosecurity framework.
Varying the Broome International Airport Determination to designate Leidos Hangar as a BEP for baggage is based on a technical and scientific decision that the requirements in relation to the designation of the BEP have been met, and that the level of biosecurity risk associated with operations carried out at the BEP is acceptable. It is critical to the management of biosecurity risks that such a technical and scientific decision is implemented effectively.
It is also critical that stakeholders who make decisions in reliance on the Broome International Airport Determination have certainty as to first point of entry arrangements, including arrangements in relation to BEPs. A lack of certainty could cause confusion and disruption, and potentially undermine Australia’s biosecurity framework. For example, neither aircraft travelling to Broome International Airport nor biosecurity officials at the Airport could be certain of arrangements upon arrival in relation to which BEP to use until after the expiry of a disallowance period, were the Determination to be disallowable.
A statement of compatibility with human rights is not required to be prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as the Amendment Determination is not disallowable. Paragraph 15J(2)(f) of the Legislation Act does not require a statement of compatibility with human rights to be included in this explanatory statement for the same reason.
ATTACHMENT
Details of the Biosecurity (First Point of Entry—Broome International Airport) Amendment (2026 Measures No. 1) Determination 2026
Section 1 – Name
This section provides that the name of the instrument is the Biosecurity (First Point of Entry—Broome International Airport) Amendment (2026 Measures No. 1) Determination 2026 (the Amendment Determination).
Section 2 – Commencement
This section provides that each provision of the Amendment Determination specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Item 1 in the table provides that the whole of the Amendment Determination commences on the day after it is registered on the Federal Register of Legislation.
The note below the table provides that the table relates only to the provisions of the Amendment Determination as originally made. It will not be amended to deal with any later amendments of the Amendment Determination. The purpose of this note is to clarify that the commencement of any amendments is not reflected in this table.
Section 3 – Authority
This section provides that the Amendment Determination is made under section 227 of the Biosecurity Act 2015 (Biosecurity Act).
Section 4 – Schedules
This section provides for the amendment or repeal of instruments as set out in a Schedule to the Amendment Determination. Schedule 1 to the Amendment Determination provides for amendments of the Biosecurity (First Point of Entry—Broome International Airport) Determination 2020 (the Broome International Airport Determination).
Schedule 1 – Amendments
Biosecurity (First Point of Entry—Broome International Airport) Determination 2020
Item 1 – Section 8 (table item 1, column 2, paragraph (a))
Item 1 amends the Biosecurity (First Point of Entry—Broome International Airport) Determination 2020 by omitting the reference to Cobham Hangar, and substituting it with a reference to Leidos Hangar, in the table in section 8 of the Determination.
The effect of the amendment is that the area at Broome International Airport (the Airport) known as Leidos Hangar is designated as a biosecurity entry point (BEP) for baggage to be unloaded from aircraft arriving at the Airport.
The expression “biosecurity entry point” is defined in sections 9 and 13 of the Biosecurity Act 2015 (the Biosecurity Act) for goods as an area of a landing place that is designated, under paragraph 224(b) of the Biosecurity Act, as a biosecurity entry point for those goods or a class of goods that includes those goods.
Paragraph 224(b) of the Biosecurity Act provides that a first point of entry determination made in relation to a landing place may designate a specified area of the landing place as a biosecurity entry point for specified goods, or a specified class of goods, that are subject to biosecurity control or in relation to which an exposed goods order is in force.
The term ‘baggage’ is defined in section 9 of the Biosecurity Act to mean goods that are carried on a conveyance by or for a person who is on board the conveyance (including the person in charge and members of the crew of the conveyance) or that a person intended to be so carried.
The Biosecurity (First Point of Entry—Broome International Airport) Determination 2020 was made on 11 June 2020 and designated the areas at the Airport known as Cobham Hangar and International Charter Processing Point as BEPs for baggage.
The amendment omits the reference to Cobham Hangar and substitutes it with a reference to Leidos Hangar. This reflects a change in the entity operating at this area of the Airport and a change of name of the relevant area of the Airport.
The effect of this amendment is that baggage to be unloaded from an aircraft arriving at Broome International Airport must be taken as soon as practicable to either Leidos Hangar or International Charter Processing Point.