Biosecurity (First Point of Entry—Gold Coast Broadwater) Determination 2017

Administered by Department of Agriculture

Legislation au F2017L01167 In force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Gold Coast Broadwater) Determination 2017

made under subsection 229(1) of the

Biosecurity Act 2015

Compilation No. 1

Compilation date:   30 June 2018

Includes amendments up to: F2018L00960

Registered:    11 July 2018

 

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry—Gold Coast Broadwater) Determination 2017 that shows the text of the law as amended and in force on 30 June 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—vessels

6 First point of entry—goods

Part 3—Biosecurity entry points

7 Biosecurity entry points—vessels

Part 4—Conditions

8 Conditions

Part 5—Period of effect

9 Period of effect

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—Gold Coast Broadwater) Determination 2017.

3  Authority

This instrument is made under subsection 229(1) of the Biosecurity Act 2015.

4  Definitions

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

  1.      approved arrangement;
  2.      goods;
  3.      vessel.

In this instrument:

goods means goods:

 (a) that are subject to biosecurity control; or

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

non‑commercial vessel has the meaning given by section 5 of the Biosecurity Regulation 2016.

vessel means vessels that are subject to biosecurity control.

waste means goods subject to biosecurity control, or in relation to which an exposed goods order is in force, that have been surrendered by the owner as waste goods.

Part 2—First point of entry

 

5  First point of entry—vessels

  Gold Coast Broadwater is a first point of entry for non‑commercial vessels.

6  First point of entry—goods

  Gold Coast Broadwater is a first point of entry for each of the following classes of goods:

 (a) personal effects carried as accompanied traveller baggage;

 (b) waste.

Part 3—Biosecurity entry points

 

7  Biosecurity entry points—vessels

  An area of the Gold Coast Broadwater specified in column 2 of an item of the following table is a biosecurity entry point for a vessel specified in column 1 of the item.

 

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Area

1

Non‑commercial vessels, including yachts

Each of the following areas:

(a) Super Yacht Berth 1;

(b) Super Yacht Berth 2;

(c) Super Yacht Berth 3;

(d) Super Yacht Berth 4;

(e) Super Yacht Berth 5

 

 

Part 4—Conditions

 

8  Conditions

Waste from vessels must be:

  (a) stored, transported and treated under an approved arrangement with the Department of Agriculture and Water Resources; or

  (b) removed, stored and transported from vessels under the supervision of a Biosecurity Officer.

 

Part 5—Period of effect

 

9  Period of effect

  This instrument is in effect until 16 June 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—Gold Coast Broadwater) Determination 2017

12 Sep 2017 (F2017L01167)

13 Sep 2017 (s 2(1) item 1)

—

Biosecurity (First Point of Entry—Gold Coast Broadwater) Amendment Determination 2018

30 June 2018 (F2018L00960)

30 June 2018 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

rep LIA s 48D

Part 5

 

s 9.....................

am F2018L00960

 

 

 

Overview

The Biosecurity (First Point of Entry—Gold Coast Broadwater) Determination 2017 was enacted under subsection 229(1) of the Biosecurity Act 2015 to establish specific biosecurity measures for vessels and goods entering the Gold Coast Broadwater in Queensland. This legislative instrument addresses the need for stringent biosecurity controls to prevent the introduction and spread of pests, diseases, and other biosecurity risks associated with maritime traffic. The enactment was carried out by the Australian Government, with the primary policy objective of safeguarding Australia's agricultural and environmental sectors from potential threats posed by foreign organisms. The determination outlines specific areas within the Gold Coast Broadwater as first points of entry and biosecurity entry points for vessels and goods, and mandates conditions for the storage, transport, and treatment of waste from vessels to ensure compliance with biosecurity protocols. The determination specifies Gold Coast Broadwater as a first point of entry for non-commercial vessels and certain classes of goods, including personal effects and waste, emphasising the importance of controlling these entry points to mitigate biosecurity risks. It designates particular areas within the Broadwater as biosecurity entry points for vessels and sets conditions for handling waste, requiring it to be either managed under an approved arrangement with the Department of Agriculture and Water Resources or supervised by a Biosecurity Officer. This legislation aims to maintain Australia's biosecurity standards and protect its ecosystems and industries from invasive species and diseases.

Scope and Application

The Biosecurity (First Point of Entry—Gold Coast Broadwater) Determination 2017 applies to the management and regulation of biosecurity risks associated with vessels and goods entering the Gold Coast Broadwater in Queensland. Specifically, it designates the Gold Coast Broadwater as a first point of entry for non-commercial vessels and certain classes of goods, including personal effects carried as accompanied traveller baggage and waste. The Determination is made under subsection 229(1) of the Biosecurity Act 2015 and is effective until 16 June 2019. It mandates that waste from vessels must be either stored, transported, and treated under an approved arrangement with the Department of Agriculture and Water Resources or removed, stored, and transported from vessels under the supervision of a Biosecurity Officer. The geographic reach of this Determination is limited to the Gold Coast Broadwater, and it does not specify any exclusions or exemptions within its scope. Any modifications or extensions to the application of this Determination can be made through subordinate instruments as authorised by the Biosecurity Act 2015.

Key Provisions

The Biosecurity (First Point of Entry—Gold Coast Broadwater) Determination 2017 establishes specific areas within the Gold Coast Broadwater as first points of entry for certain vessels and goods. The key sections of this legislation include the designation of the Gold Coast Broadwater as a first point of entry for non-commercial vessels (section 5) and certain classes of goods, such as personal effects carried as accompanied traveller baggage and waste (section 6). Additionally, specific areas within the Broadwater are identified as biosecurity entry points for vessels (section 7). These provisions require that waste from vessels be stored, transported, and treated under an approved arrangement with the Department of Agriculture and Water Resources or removed, stored, and transported under the supervision of a Biosecurity Officer (section 8). The obligations imposed by the Act on the relevant parties, such as vessel operators and owners of goods, include ensuring that waste from vessels is managed in accordance with the specified conditions. This involves either adhering to an approved arrangement for the treatment of waste or ensuring that a Biosecurity Officer supervises the removal and transportation of waste from the vessel. The legislation also mandates that vessels and goods entering the designated biosecurity entry points comply with the biosecurity measures established by the Department of Agriculture and Water Resources. Breaches of the provisions outlined in the Biosecurity (First Point of Entry—Gold Coast Broadwater) Determination 2017 can result in various penalties and consequences. Although the determination does not explicitly detail the penalties, it is enacted under the Biosecurity Act 2015, which provides for significant penalties for breaches of biosecurity laws. These penalties can include substantial fines and, in severe cases, imprisonment. The specific penalties applicable to breaches of this determination would be governed by the overarching Biosecurity Act 2015, which includes provisions for maximum penalties that reflect the seriousness of the biosecurity risks involved.

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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.