Explanatory Statement
Issued by Authority of the Director of Biosecurity
Biosecurity Act 2015
Biosecurity (First Point of Entry—Gold Coast Broadwater) Amendment Determination 2018
Legislative Authority
The Biosecurity Act 2015 (the Biosecurity Act) provides the Commonwealth with powers to assess and manage the risk of pests and diseases entering Australian territory and causing harm to animal, plant and human health, the environment and the economy.
Subsection 232(2) of the Biosecurity Act provides that, if a determination under subsection 229(1) is expressed to have effect for a specified period, the Director who made the determination may vary the determination to extend or shorten the period.
On 27 June 2017, the Director of Biosecurity, acting under subsection 542(1) of the Biosecurity Act, delegated the powers and functions to determine, vary, amend or revoke first points of entry for incoming conveyances and goods to the officers occupying the positions of First Assistant Secretary, Compliance Division, and Assistant Secretary, Compliance Controls Branch, of the Department of Agriculture and Water Resources.
Purpose
The purpose of the First Point of Entry Port Determination (the Determination) is to ensure that overseas vessels and any goods on board enter Australia at a designated place that has the appropriate facilities to effectively manage any biosecurity risk. The specified period defines the determination’s date of cessation.
Background
The Department of Home Affairs appointed the Super Yacht Berths SY1-SY5 and adjacent gangway at South Port Yacht Club Marina as a boarding station under paragraph 15(2)(b) and subsection 15(3) of the Customs Act 1901, commencing on 1 July 2017. This appointment is limited to the clearance of craft of 50 metres or less in overall length and is not for the loading or unloading of cargo. The viability of the site was trialled as a first point of entry over a period of twelve months.
To support the Department of Home Affairs trial, the Department of Agriculture and Water Resources made a temporary First Point of Entry Determination for the Gold Coast Broadwater under section 229 of the Biosecurity Act 2015. The Determination aligned with the Department of Home Affairs boarding station appointment to support the arrival of international vessels within the trial period.
The Determination relates to non-commercial vessels including yachts, and includes personal effects carried as accompanied traveller baggage, and waste.
The Department of Agriculture and Water Resources has reviewed the outcome of the trial. High standards of compliance with regulatory requirements, the port’s serviceability and arrivals volumes support extension of the determination for Gold Coast Broadwater as a first point of entry.
Impact and Effect
Operators at ports that are first points of entry need to meet certain prescribed requirements to ensure that biosecurity risks associated with their operations can be adequately managed. These requirements may relate to physical infrastructure or facilities, processes or systems to manage biosecurity risks. The requirements decrease the risk of pests and diseases entering Australian territory and causing harm to animal, plant and human health, the environment and the economy. Extension of the specified period for the determination does not impact the operators’ obligation to continue to meet the prescribed requirements.
Consultation
The Department of Home Affairs initiated the first point of entry trial and, as such, has been engaged throughout the consultation process regarding extension of the specified period.
Operators within the Gold Coast Broadwater have been engaged to confirm a commitment to retention of the first point of entry determination and continued compliance with associated legislative obligations.
The Office of Best Practice Regulation (OBPR) was consulted in the preparation of the Regulation Impact Statement (RIS) for the Biosecurity Bill 2014 (ID: 16609). The OBPR advised on 31 March 2016 that a further RIS is not required.
This Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003. However, it is not subject to disallowance under section 234 of the Biosecurity Act. The decision to make a determination under subsection 229(1), or to vary the determination under subsection 232(2) of the Biosecurity Act, is a technical and scientific decision based on whether the biosecurity risk is satisfactorily managed.
A Statement of Compatibility with Human Rights was prepared for the Biosecurity Act. An additional statement is not required for this Determination as it is not subject to disallowance.
ATTACHMENT
Details of the First Point of Entry Amendment Determination
Part 1 Preliminary
Section 1 – Name
This section provides that the name of the Amendment Determination is the Biosecurity (First Point of Entry—Gold Coast Broadwater) Amendment Determination 2018.
Section 2 – Commencement
This section provides for the First Point of Entry Amendment Determination to commence the day after registration.
Section 3 – Authority
This section provides that the First Point of Entry Amendment Determination is made under subsection 232(2) of the Biosecurity Act 2015.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
This schedule sets out the amendment to the specified period.