Biosecurity (First Point of Entry—Kingsford-Smith Airport, Sydney) Determination 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L00972 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Kingsford-Smith Airport, Sydney) Determination 2016

made under subsection 223(1) of the Biosecurity Act 2015 and subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015

Compilation No. 2

Compilation date: 15 June 2021

Includes amendments up to: F2021L00725

Registered: 21 June 2021

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry—Kingsford-Smith Airport, Sydney) Determination 2016 that shows the text of the law as amended and in force on 15 June 2021 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

7 Biosecurity entry points—aircraft

8 Biosecurity entry points—goods

Part 4—Conditions

Part 5—Period of effect

9 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—Kingsford‑Smith Airport, Sydney) 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) animal;

(c) 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

  Kingsford‑Smith Airport, Sydney is a first point of entry for aircraft.

6  First point of entry—goods

  Kingsford‑Smith Airport, Sydney is a first point of entry for goods.

 

Part 3—Biosecurity entry points

 

7  Biosecurity entry points—aircraft

  There are no specified biosecurity entry points for aircraft within Kingsford‑ Smith Airport, Sydney.

8  Biosecurity entry points—goods

  An area of Kingsford‑Smith Airport, Sydney specified in column 2 of an item of the following table is a biosecurity entry point for goods specified in column 1 of the item.

 

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Area

1

Any of the following animals:

  1.      Live horses;
  2.     Other large animals, excluding domestic cats and dogs.

Each of the following areas:

  1.      T1 Livestock Transfer Facility;
  2.     DHL Horse corral.

Part 4—Conditions

 

Note: There are no specified conditions for Kingsford‑Smith Airport, Sydney.

 

Part 5—Period of effect

9  Repeal of this instrument

  This instrument is repealed at the end of 15 June 2022.

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—Kingsford‑Smith Airport, Sydney) Determination 2016

1 June 2016 (F2016L00972)

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 5): 15 June 2019 (s 2(1) item 1)

—

Biosecurity (First Points of Entry Determinations) Amendment (Periods of Effect) Determination 2021

10 June 2021 (F2021L00725)

Sch 1 (item 1): 15 June 2021 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

rep LA s 48D

Part 5

 

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

rs F2019L00727

 

am F2021L00725

 

 

Overview

The Biosecurity (First Point of Entry—Kingsford-Smith Airport, Sydney) Determination 2016 was enacted to address the need for specific biosecurity measures at Australia's primary international gateway, Kingsford-Smith Airport in Sydney. This legislation was made under subsection 223(1) of the Biosecurity Act 2015 and is permitted by subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015. The primary policy objective is to ensure that the airport is designated as a first point of entry for certain aircraft and goods, thereby managing and mitigating biosecurity risks associated with international arrivals. The determination specifies Kingsford-Smith Airport as the first point of entry for aircraft and particular goods, and outlines specific biosecurity entry points for certain animals, aiming to safeguard Australia's biosecurity interests against the introduction of pests and diseases.

Scope and Application

The Biosecurity (First Point of Entry—Kingsford-Smith Airport, Sydney) Determination 2016, made under the Biosecurity Act 2015 and the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015, designates Kingsford-Smith Airport in Sydney as a first point of entry for aircraft and goods subject to biosecurity control. This legislative instrument does not specify any conditions for the airport, nor does it delineate particular biosecurity entry points for aircraft. For goods, it identifies specific biosecurity entry points, such as the T1 Livestock Transfer Facility and the DHL Horse corral, for live horses and other large animals, excluding domestic cats and dogs. The Determination does not extend to the creation of subordinate instruments that would further define or modify its provisions, and it operates independently within its defined scope. The Determination is in force from its commencement on 16 June 2016, and it is repealed at the end of 15 June 2022, as per its period of effect provisions. Any amendments or modifications to the Determination, including those not yet commenced, can be accessed on the Legislation Register. The Determination applies directly to the specified entities and activities within the scope of biosecurity control at the designated airport.

Key Provisions

The Biosecurity (First Point of Entry—Kingsford-Smith Airport, Sydney) Determination 2016 (the Determination) outlines the specific biosecurity measures and protocols applicable to Kingsford-Smith Airport in Sydney, as a first point of entry for certain goods and aircraft. Section 5 designates Kingsford-Smith Airport as the first point of entry for aircraft, while Section 6 does the same for goods. Section 7 clarifies that there are no specified biosecurity entry points for aircraft within the airport, whereas Section 8 identifies specific areas within the airport as biosecurity entry points for certain goods, such as the T1 Livestock Transfer Facility and the DHL Horse corral for live horses and other large animals. The Determination imposes specific obligations on various parties to ensure compliance with the biosecurity measures outlined. For example, airlines, freight operators, and other entities are required to implement and adhere to the biosecurity protocols established for the airport as a first point of entry. These protocols may include measures such as inspection, cleaning, and disinfection of aircraft and goods, as well as the handling and transportation of specified animals. The entities must also ensure that their staff are trained and knowledgeable about these protocols to maintain the integrity of the biosecurity measures. Breach of the provisions outlined in the Determination can result in significant civil and criminal penalties. Under the Biosecurity Act 2015, individuals and entities found in violation of the Act's provisions may be subject to enforcement actions, including fines and imprisonment. The maximum penalty for a serious biosecurity offence is imprisonment for up to 10 years or a fine of up to AUD 1.1 million, or both, for an individual, and up to AUD 5.5 million for a body corporate. These penalties underscore the seriousness of ensuring compliance with the biosecurity measures to protect Australia's environment and economy from the risks posed by invasive species and pests.

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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.