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

Administered by Department of Agriculture

Legislation au F2016L00895 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Essendon 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—Essendon 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—Essendon 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

  Essendon Airport is a first point of entry for aircraft.

6  First point of entry—goods

  Essendon Airport is a first point of entry for personal effects as accompanied passenger baggage.

Part 3—Biosecurity entry points

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

Part 4—Conditions

 

Note: There are no specified conditions for Essendon Airport.

 

Part 5—Period of effect

7  Repeal of this instrument

  This instrument is repealed at the end of 15 December 2019.

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—Essendon Airport) Determination 2016

31 May 2016 (F2016L00895)

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 4): 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—Essendon Airport) Determination 2016 was enacted to establish Essendon Airport as a first point of entry for specific biosecurity-related activities under the Biosecurity Act 2015. This legislative instrument was made by the Governor-General under subsection 223(1) of the Biosecurity Act 2015 and is designed to address the need for stringent biosecurity measures at key entry points to prevent the introduction and spread of pests and diseases. The primary policy objective of this Determination is to ensure the effective management of biosecurity risks associated with the arrival of aircraft and goods, particularly personal effects as accompanied passenger baggage, at Essendon Airport. The Determination specifies that Essendon Airport is a first point of entry for such aircraft and goods, thereby facilitating targeted biosecurity controls and inspections at this location.

Scope and Application

The Biosecurity (First Point of Entry—Essendon Airport) Determination 2016, made under subsection 223(1) of the Biosecurity Act 2015, designates Essendon Airport as a first point of entry for aircraft and personal effects as accompanied passenger baggage. The instrument applies specifically to aircraft and goods subject to biosecurity control, and it identifies Essendon Airport as the designated entry point for these items within its jurisdiction. The geographic reach of this determination is limited to Essendon Airport, and it does not extend to other locations or points of entry. There are no specified conditions or biosecurity entry points designated within this determination. Additionally, the determination is set to be repealed at the end of 15 December 2019, unless otherwise modified by subsequent legislation. The definitions of terms such as "aircraft" and "goods" are further clarified in the Biosecurity Act 2015, with "aircraft" referring to those subject to biosecurity control and "goods" encompassing those subject to such control or in relation to which an exposed goods order is in force.

Key Provisions

The Biosecurity (First Point of Entry—Essendon Airport) Determination 2016 establishes Essendon Airport as a first point of entry for specific types of biosecurity concerns. Under section 5, the determination specifies that Essendon Airport serves as the initial point of entry for aircraft subject to biosecurity control. This designation is intended to streamline the management of potential biosecurity risks associated with air travel by concentrating inspection and control efforts at a single, designated location. Similarly, section 6 identifies the airport as the first point of entry for personal effects carried as accompanied passenger baggage, thereby ensuring these items are subject to appropriate biosecurity checks before they enter the broader community. Entities and individuals governed by this Act have specific obligations to comply with the regulations set forth. For aircraft, this involves ensuring that all biosecurity protocols are followed, which may include pre-flight inspections, declarations, and other measures to prevent the introduction of harmful organisms. For personal effects, this typically entails adhering to baggage inspection and declaration requirements. Airlines, freight operators, and passengers all play a role in meeting these obligations, ensuring that biosecurity measures are integrated into the travel process. Failure to comply with the provisions of this determination can result in civil or criminal penalties. Although the specific penalties are not detailed within this determination, breaches of biosecurity regulations under the Biosecurity Act 2015 can lead to significant fines and potential imprisonment. For example, individuals who fail to declare biosecurity-sensitive goods may face fines of up to AUD 11,000 and imprisonment for up to two years. For corporate entities, the fines can be substantially higher, reflecting the potential scale and impact of non-compliance. The overarching aim of these penalties is to enforce stringent adherence to biosecurity protocols and deter any actions that could compromise Australia's biosecurity systems.

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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.