Biosecurity (First Point of Entry—Lord Howe Island Airport) Determination 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L00973 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Lord Howe Island 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—Lord Howe Island 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.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—Lord Howe Island 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

  Lord Howe Island Airport is a first point of entry for aircraft.

6  First point of entry—goods

  Lord Howe Island Airport is a first point of entry for personal effects as accompanied passenger baggage.

Part 3—Biosecurity entry points

Note: No areas of Lord Howe Island Airport are designated as biosecurity entry points.

Part 4—Conditions

 

Note: There are no specified conditions for Lord Howe Island Airport.

 

Part 5—Period of effect

7  Repeal of this instrument

  This instrument is repealed at the end of 15 June 2020.

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

    /subsubparagraph(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

SubCh = SubChapter(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—Lord Howe Island Airport) Determination 2016

1 June 2016 (F2016L00973)

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 6): 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—Lord Howe Island Airport) Determination 2016 was enacted to establish Lord Howe Island Airport as a first point of entry for biosecurity purposes. This determination was made under subsection 223(1) of the Biosecurity Act 2015 by the relevant authorities, permitted by subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015. The primary aim of this legislation is to manage and control the introduction of pests, diseases, and other biosecurity risks into Australia through the designated first point of entry, thus protecting the nation's agriculture and environment. Lord Howe Island Airport is specifically identified as the point of entry for aircraft and personal effects accompanying passengers, thereby ensuring that stringent biosecurity measures are applied to these entry points. This determination does not designate any biosecurity entry points within the airport and does not specify any conditions for its operation, effective until its repeal on 15 June 2020.

Scope and Application

The Biosecurity (First Point of Entry—Lord Howe Island Airport) Determination 2016 applies to Lord Howe Island Airport, designating it as a first point of entry for aircraft and personal effects accompanying passengers as baggage. This determination is made under subsection 223(1) of the Biosecurity Act 2015 and is effective from 16 June 2016, with amendments altering its period of effect, coming into force on 15 June 2019. It applies to any aircraft and goods subject to biosecurity control entering Australia via Lord Howe Island Airport. Notably, no areas of the airport are designated as biosecurity entry points, and there are no specified conditions attached to the designation of the airport as a first point of entry. The determination is set to be repealed at the end of 15 June 2020, although it may be subject to further modification or extension through subordinate instruments as permitted by the Biosecurity Act 2015 and other related legislative instruments.

Key Provisions

The Biosecurity (First Point of Entry—Lord Howe Island Airport) Determination 2016 (sections 5 and 6) specifies that Lord Howe Island Airport is designated as a first point of entry for both aircraft and personal effects carried as accompanied passenger baggage. This means that the airport is the primary location where biosecurity measures are applied to prevent the introduction of pests and diseases into Australia. This determination is crucial for maintaining the biosecurity integrity of Lord Howe Island and by extension, Australia. The Act imposes several obligations on the entities it governs. Firstly, it requires that biosecurity measures be implemented at the airport for all incoming aircraft and personal effects. These measures are designed to detect, prevent, or mitigate the introduction of pests and diseases. Additionally, the Act mandates that the relevant authorities, such as the Australian Department of Agriculture and Water Resources, oversee and enforce these biosecurity measures. Compliance with these measures is critical to ensure that the airport functions as an effective first point of entry. Breaches of the provisions set forth in this determination can lead to various penalties and consequences. Under the Biosecurity Act 2015, offences related to non-compliance with biosecurity measures can result in substantial fines and, in severe cases, imprisonment. For instance, section 484 of the Act specifies that individuals or entities found guilty of serious breaches can face fines of up to $1.1 million and/or imprisonment for up to 10 years. Additionally, civil penalties can be applied for less severe breaches, ensuring that there are appropriate repercussions for failing to adhere to the stipulated biosecurity protocols. The determination also includes provisions for the repeal of the instrument itself. Section 7 of the Act stipulates that this determination is repealed at the end of 15 June 2020. This means that the legal framework governing the biosecurity measures at Lord Howe Island Airport will no longer be in effect after this date, necessitating either a renewal or the establishment of new regulations to continue protecting the island's biosecurity status. This time-bound nature of the determination highlights the need for ongoing vigilance and adaptation in biosecurity practices to address emerging threats.

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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.