Biosecurity (First Point of Entry—Christmas Island International Airport) Determination 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L00871 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Christmas Island International 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:    26 June 2019

 

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry—Christmas Island International 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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—Christmas Island International 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:

(a) aircraft;

(b) 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

  Christmas Island International Airport is a first point of entry for aircraft.

 6  First point of entry—goods

  Christmas Island International Airport is a first point of entry for goods.

Part 3—Biosecurity entry points

 

Note:  No areas of Christmas Island International Airport are designated as biosecurity entry points.

Part 4—Conditions

 

Note:  There are no specified conditions for Christmas Island International Airport.

Part 5—Period of effect

 

7  Repeal of this instrument

  This instrument is repealed at the end of 15 June 2021.

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—Christmas Island International Airport) Determination 2016

31 May 2016 (F2016L00871)

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 2): 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—Christmas Island International Airport) Determination 2016 was enacted to establish the Christmas Island International Airport as the first point of entry for aircraft and goods into Australia under the Biosecurity Act 2015. This legislation was introduced by the Australian Government to address the need for stringent biosecurity measures at entry points to prevent the introduction of pests and diseases that could harm Australia's environment, agriculture, and economy. The determination was made under the authority of subsection 223(1) of the Biosecurity Act 2015 and was enacted by the relevant federal body, ensuring compliance with the overarching policy objectives of protecting Australia's biosecurity. The determination designates Christmas Island International Airport as a critical site for biosecurity control, reinforcing the nation's efforts to safeguard its borders against biosecurity threats. This legislative instrument is effective as of 16 June 2016, with amendments and a scheduled repeal date of 15 June 2021, reflecting ongoing reviews and adjustments to meet emerging biosecurity challenges.

Scope and Application

The Biosecurity (First Point of Entry—Christmas Island International Airport) Determination 2016 establishes Christmas Island International Airport as a first point of entry for both aircraft and goods under the Biosecurity Act 2015. This determination applies to any aircraft and goods entering Australia via the Christmas Island International Airport, subject to biosecurity controls, and specifies the airport as a critical entry point for preventing the introduction and spread of pests, diseases, and contaminants. The scope of this legislation encompasses the management and regulation of biosecurity measures at the airport, ensuring that all activities related to the entry of aircraft and goods adhere to biosecurity standards and protocols. The geographic reach of this determination is limited to the Christmas Island International Airport and does not extend to any other areas or points of entry within Australia. The legislation does not designate any areas within the airport as biosecurity entry points nor does it specify any conditions that must be met for biosecurity compliance at the airport. This determination is repealed at the end of 15 June 2021, but may be subject to modifications or extensions through subordinate instruments, which would need to be referenced in the legislative framework or amending instruments.

Key Provisions

The Biosecurity (First Point of Entry—Christmas Island International Airport) Determination 2016, as made under subsection 223(1) of the Biosecurity Act 2015, establishes that Christmas Island International Airport is designated as a first point of entry for both aircraft and goods subject to biosecurity control, as detailed in sections 5 and 6 respectively. These sections underscore the importance of the airport as a primary checkpoint for biosecurity measures, ensuring that any potential biosecurity risks associated with incoming aircraft and goods are identified and managed at the earliest possible stage. The Act imposes several obligations on the parties and entities it governs, including airlines, freight operators, and biosecurity officers. These obligations are aimed at maintaining stringent biosecurity controls to prevent the introduction and spread of pests and diseases. For example, airlines and freight operators must comply with biosecurity measures, such as cleaning and disinfecting aircraft and cargo holds, and reporting any suspected biosecurity risks to relevant authorities. Biosecurity officers are tasked with inspecting aircraft and goods to ensure compliance with these measures. Violations of the Act can result in significant penalties and legal consequences. Under section 223(1) of the Biosecurity Act 2015, individuals and entities found in breach of the Act may be subject to civil penalties, including fines up to a maximum of $11,100 for individuals and $111,000 for bodies corporate. In more severe cases, criminal penalties may apply, with fines up to $222,000 for individuals and $1,110,000 for bodies corporate, along with potential imprisonment for up to 5 years for serious offences. These penalties underscore the seriousness with which the Act regards non-compliance with biosecurity measures.

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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.