EXPLANATORY STATEMENT
Issued by Authority of the Director of Biosecurity
Biosecurity Act 2015
Biosecurity (First Point of Entry—Perth Airport) Amendment (2025 Measures No. 1) Determination 2025
Legislative Authority
The Biosecurity Act 2015 (the Biosecurity Act) provides the regulatory framework for the management of diseases and pests that may cause harm to human, animal or plant health or the environment.
The Biosecurity (First Point of Entry—Perth Airport) Amendment (2025 Measures No.1) Determination 2025 (the Amendment Determination) is made under section 227 of the Biosecurity Act. The Amendment Determination makes amendments to the Biosecurity (First Point of Entry—Perth Airport) Determination 2019 (the Perth Airport Determination). The Perth Airport Determination is made under subsection 223(1) of the Biosecurity Act.
Section 227 of the Biosecurity Act provides that if a determination is made under subsection 223(1) in relation to a landing place, the Director who made the determination may vary or revoke the determination, or vary the conditions specified in the determination (including by imposing new conditions), if the Director is satisfied of any of the matters set out in paragraphs 227(a) to 227(e) of the Biosecurity Act.
Paragraph 227(e) of the Biosecurity Act provides that one of these matters is that a circumstance prescribed by the regulations has occurred. Paragraph 57(c) of the Biosecurity Regulation 2016 (the Regulation) provides that a circumstance in which the Director may vary a determination under section 227 of the Biosecurity Act in relation to a landing place is that the operator of the landing place has requested the variation or revocation of the determination, or the variation of the conditions in the determination. Three Fixed Base Operators at Perth Airport have requested to be included in the Perth Airport Determination as biosecurity entry points for baggage. This variation involves adding two terminals as new biosecurity entry points and changing the reference to an existing biosecurity entry point to reflect the change in operator at that location. Also, paragraph 57(a) of the Regulation provides that a circumstance in which the Director may vary a determination under section 227 of the Biosecurity Act in relation to a landing place is that there has been a material change in the operations carried out at the landing place. One biosecurity entry point that was previously designated for baggage is no longer operational and is to be removed from the determination.
Purpose
The purpose of the Amendment Determination is to:
- designate the terminal at 26 Newton Road, the terminal at 131 Fauntleroy Avenue, and the terminal at 145 Fauntleroy Avenue as biosecurity entry points for baggage;
- remove Jet Aviation Australia Terminal and Pearl Flight Centre Terminal as biosecurity entry points for baggage.
Background
The Department of Agriculture, Fisheries and Forestry (the department) administers the Biosecurity Act to manage biosecurity threats that may cause harm to human, animal or plant health or the environment. The Biosecurity Act provides the Commonwealth with powers to assess and manage biosecurity risk, among other things. “Biosecurity risk” is defined in section 9 of the Biosecurity Act.
The Perth Airport Determination commenced on 16 June 2019, which determined Perth Airport as a first point of entry for aircraft generally and for all goods. The Director of Biosecurity was satisfied that Perth Airport met the requirements of subsection 223(2) of the Biosecurity Act. Specific biosecurity entry points were designated in relation to baggage and live horses.
On 16 August 2024, Airflite Pty Ltd, operating the terminal located at 26 Newton Road, Perth Airport, submitted a request to the department to be included in the Perth Airport Determination as a biosecurity entry point.
On 19 February 2025, AVWest Pty Ltd, operating the terminal located at 131 Fauntleroy Avenue, Perth Airport, submitted a request to the department to be included in the Perth Airport Determination as a biosecurity entry point.
On 11 August 2024, Revesco Aviation Pty Ltd, operating the terminal located at 145 Fauntleroy Avenue, Perth Airport which was previously operated by Jet Aviation Australia Pty Ltd, submitted a request to the department to be included in the Perth Airport Determination as a biosecurity entry point. As such, the biosecurity entry point “Jet Aviation Australia Terminal” is no longer required and must be removed from the determination.
The operator of the “Pearl Flight Centre Terminal” confirmed in writing on 22 October 2025 that this terminal is no longer operating as a biosecurity entry point and it therefore must be removed from the Perth Airport Determination.
Revesco Aviation Pty Ltd, Airflite Pty Ltd and AVWest Pty Ltd have all requested amendments to the Perth Airport Determination to permit aircraft and baggage arrivals at their three respective biosecurity entry points.
For the purposes of the Amendment Determination, the delegate of the Director of Biosecurity was satisfied that the requests provide a circumstance prescribed by the Regulation (see paragraphs 57(a) and (c) of the Regulation). The delegate could, therefore, consider whether to vary the Perth Airport Determination (see paragraph 227(e) of the Biosecurity Act).
Perth Airport, as a landing place, was assessed in 2019 as having the capability to assess, and if necessary, treat biosecurity risks associated with baggage (which would be unloaded from arriving aircraft). In particular, Perth Airport was assessed by the department as having appropriate procedures in place for providing biosecurity measures, and as having adequate facilities and amenities available at the landing place for biosecurity and human biosecurity officers to perform functions or exercise powers under the Biosecurity Act.
The areas of the Perth Airport located at “the terminal located at 26 Newton Road, Perth Airport”, “the terminal located at 131 Fauntleroy Avenue, Perth Airport” and “the terminal located at 145 Fauntleroy Avenue, Perth Airport” have now been assessed as having the capability to be biosecurity entry points for receiving international baggage. These areas have been assessed as having the required facilities to inspect and, if necessary, treat biosecurity
risks associated with baggage from aircraft, commensurate with the operations from these locations. Further, the department has assessed these locations as complying with the regulatory requirements set out in section 56 of the Regulation, including that the facilities and amenities and the management of biosecurity risks at those areas is acceptable.
Under the Perth Airport Determination, both the terminals located at 26 Newton Road, Perth Airport and 131 Fauntleroy Avenue, Perth Airport have not been previously determined as biosecurity entry points for any kind of goods. The terminal located at 145 Fauntleroy Avenue, Perth Airport, currently operated by Revesco Aviation Pty Ltd, is the same site as the “Jet Aviation Australia Terminal” which was previously determined as a biosecurity entry point for baggage.
Therefore, the delegate of the Director of Biosecurity has made the Amendment Determination and so has varied the Perth Airport Determination for the purposes of section 227 of the Biosecurity Act.
Impact and Effect
The Amendment Determination amends the Perth Airport Determination to designate the areas “the terminal located at 26 Newton Road, Perth Airport”, “the terminal located at 131 Fauntleroy Avenue, Perth Airport” and “the terminal located at 145 Fauntleroy Avenue, Perth Airport” as biosecurity entry points for baggage. The Amendment Determination also amends the Perth Airport Determination to remove “Jet Aviation Australia Terminal” and “Pearl Flight Centre Terminal” as biosecurity entry points for baggage.
“The terminal located at 26 Newton Road, Perth Airport”, “the terminal located at 131 Fauntleroy Avenue, Perth Airport” and “the terminal located at 145 Fauntleroy Avenue, Perth Airport” are existing areas within the Perth Airport precinct. All three locations have been assessed as meeting the required regulatory standards for managing the biosecurity risks associated with baggage to an acceptable level.
Consultation
In considering whether to make the Amendment Determination, the department engaged directly with the relevant biosecurity entry point operators at Perth Airport and Perth Airport Pty Ltd, who were supportive of the amendments.
The Department of Health, Disability and Ageing has also been consulted on the Amendment Determination and provided a letter of endorsement on 17 November 2025.
Details / Operation
The Amendment Determination commences on the day after the instrument was registered on the Federal Register of Legislation.
Details of the Amendment Determination are set out in the Attachment.
Other
The Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act), but under paragraph 234(b) of the Biosecurity Act, section 42 (disallowance) of the Legislation Act does not apply to the Amendment Determination.
The exemption from disallowance for the instrument is set out in primary legislation. The justification for the instrument being exempt includes that the Amendment Determination, by
varying the Perth Airport Determination, implements technically and scientifically based decisions to manage biosecurity risks arising from aircraft, and the goods they carry, arriving in Australian territory from overseas, and thereby enables the government to uphold the objectives of the biosecurity framework.
Varying the Perth Airport Determination to designate three additional biosecurity entry points for baggage is based on a technical and scientific decision in relation to the management of biosecurity risk. It is critical that the implementation of the scientific and technical decision is effective to ensure that biosecurity risk is managed to an acceptable level.
It is also critical that stakeholders who make decisions in reliance on the Perth Airport Determination (and the Amendment Determination) have certainty as to first point of entry arrangements, including arrangements in relation to biosecurity entry points. A lack of certainty could cause confusion and disruption, and potentially undermine Australia’s biosecurity framework. For example, neither aircraft travelling to Perth Airport nor biosecurity officials at that landing place could be certain of arrangements upon arrival in relation to the biosecurity entry points until after the expiry of a disallowance period.
A statement of compatibility with human rights, prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required, as paragraph 15J(2)(f) of the Legislation Act only requires a statement of compatibility of human rights to be prepared for disallowable legislative instruments.
ATTACHMENT
Details of the Biosecurity (First Point of Entry—Perth Airport) Amendment (2025 Measures No. 1) Determination 2025
Section 1 – Name
This section provides that the name of the instrument is the Biosecurity (First Point of Entry—Perth Airport) Amendment (2025 Measures No. 1) Determination 2025 (the Amendment Determination).
Section 2 – Commencement
Subsection 2(1) provides for the Amendment Determination to commence on the day after it is registered.
The note below the table provides that the table relates only to the provisions of the Amendment Determination as originally made. The table will not be amended to deal with later amendments of the Amendment Determination. The purpose of this note is to clarify that the commencement of any subsequent amendments will not be reflected in this table.
Subsection 2(2) provides that any information in column 3 of the table is not part of the instrument. Information may be inserted in that column, or information in it may be edited, in any published version of the instrument.
Section 3 – Authority
This section provides that the Amendment Determination is made under section 227 of the Biosecurity Act 2015 (the Biosecurity Act).
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed 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
Part 1 – Amendments
Biosecurity (First Point of Entry—Perth Airport) Determination 2019
Item [1] – Section 8 (table item 1, column 2, paragraphs (c) and (d))
Section 8 of the Perth Airport Determination provides that each area of Perth Airport specified in column 2 of an item in the table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.
Item 1 omits existing paragraphs (c) and (d) and substitutes new paragraphs (c), (d) and (e) in column 2 of table item 1 in section 8 of the Biosecurity (First Point of Entry—Perth Airport) Determination 2019 (the Perth Airport Determination). The previous paragraphs (c) and (d) provided for “Jet Aviation Australia Terminal” and “Pearl Flight Centre Terminal”. New paragraphs (c), (d) and (e) provide for the following (respectively):
- the terminal located at 26 Newton Road, Perth Airport;
- the terminal located at 131 Fauntleroy Avenue, Perth Airport;
- the terminal located at 145 Fauntleroy Avenue, Perth Airport.
The effect of this amendment is that “the terminal located at 26 Newton Road, Perth Airport”, “the terminal located at 131 Fauntleroy Avenue, Perth Airport” and “the terminal located at 145 Fauntleroy Avenue, Perth Airport” are designated as biosecurity entry points for baggage. Further, this amendment removes “Jet Aviation Australia Terminal” and “Pearl Flight Centre Terminal” as biosecurity entry points for baggage. “Jet Aviation Australia Terminal” was previously at the terminal located at 145 Fauntleroy Avenue, Perth Airport. “Pearl Flight Centre Terminal” is no longer operational.
“Biosecurity entry point” is defined in sections 9 and 13 of the Biosecurity Act, for relevant goods as, relevantly, an area of a landing place that is designated, under paragraph 224(b) of the Biosecurity Act, as a biosecurity entry point for those goods or a class of goods that includes those goods. Paragraph 224(b) of the Biosecurity Act provides in effect that a first point of entry determination made in relation to a landing place may designate a specified area of the landing place as a biosecurity entry point for specified goods, or a specified class of goods, that are subject to biosecurity control or in relation to which an exposed goods order is in force.
“Baggage” is defined in section 9 of the Biosecurity Act to mean goods that are carried on a conveyance by or for a person who is on board the conveyance (including the person in charge and members of the crew of the conveyance) or that a person intended to be so carried.
The effect of section 147 of the Biosecurity Act is that, unless limited exceptions apply, where a biosecurity entry point has been designated for a class of goods, the person in charge of the aircraft arriving at a first point of entry (in this case, Perth Airport) must ensure that the goods that are to be unloaded from the aircraft are brought to a biosecurity entry point for those goods as soon as practicable. As a result, baggage arriving at Perth Airport must be brought to one of the three biosecurity entry points or alternatively to existing Perth Airport International Terminals 1 or 3.