Biosecurity (First Point of Entry—Port Hedland) Determination 2016

Administered by Department of Agriculture

Legislation au F2016L00959 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Port Hedland) Determination 2016

made under subsection 229(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—Port Hedland) 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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—Port Hedland) Determination 2016.

3  Authority

 (1) This instrument is made under subsection 229(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:

  1.      animal;
  2.      goods;

(b) vessel.

  

In this instrument:

commercial passenger vessel means a passenger vessel other than a non‑commercial vessel.

container has the same meaning as in the Customs Act 1901.

 

goods means goods:

 (a) that are subject to biosecurity control; or

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

vessel means vessels that are subject to biosecurity control.

 

Part 2—First point of entry

 

5  First point of entry—vessels

  Port Hedland is a first point of entry for vessels.

6  First point of entry—goods

  Port Hedland is a first point of entry for goods, other than animals.

 

Part 3—Biosecurity entry points

 

7  Biosecurity entry points—vessels

  An area of Port Hedland 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

Commercial passenger vessels, including cruise vessels

Port Hedland Port (PHP) Berth 1

Port Hedland Port (PHP) Berth 2

8  Biosecurity entry points—goods

  An area of Port Hedland 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

Containers

Port Hedland Port (PHP) Berth 1

Port Hedland Port (PHP) Berth 2  

 

Part 4—Conditions

 

Note: There are no specified conditions for Port of Port Hedland.

 

Part 5—Period of effect

 

9  Repeal of this instrument

  This instrument is repealed at the end of 15 December 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—Port Hedland) Determination 2016

1 June 2016 (F2016L00959)

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 10): 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 9.....................

rs F2019L00727

 

 

Overview

The Biosecurity (First Point of Entry—Port Hedland) Determination 2016 was enacted under subsection 229(1) of the Biosecurity Act 2015 to address the need for designated first points of entry for vessels and goods entering Australia, with a particular focus on the Port of Port Hedland. This legislative instrument was made by the Australian Government and aims to strengthen the country's biosecurity measures by specifying Port Hedland as a first point of entry for vessels and goods, except for animals, thereby enhancing the control and monitoring of potential biosecurity risks associated with these entries. This determination specifies the biosecurity entry points within Port Hedland for vessels and goods, providing a framework for the enforcement of biosecurity regulations at these critical locations. The Biosecurity (First Point of Entry—Port Hedland) Determination 2016 identifies Port Hedland as a first point of entry for vessels and goods, excluding animals, and specifies the biosecurity entry points within the port for these entries. This legislation was designed to streamline and regulate the biosecurity processes at the port, ensuring that any potential threats to Australia's biosecurity are identified and managed effectively. The instrument does not specify any conditions for the port but will be repealed at the end of 15 December 2019, reflecting its temporary nature in addressing immediate biosecurity needs.

Scope and Application

The Biosecurity (First Point of Entry—Port Hedland) Determination 2016 is a legislative instrument made under subsection 229(1) of the Biosecurity Act 2015. This determination specifies that Port Hedland is designated as a first point of entry for vessels and goods subject to biosecurity control, excluding animals. Specific areas within Port Hedland are identified as biosecurity entry points for commercial passenger vessels, including cruise vessels, as well as for goods such as containers. The determination outlines the locations of these entry points, including berths at Port Hedland Port, and applies to the specified vessels and goods. There are no specified conditions for the Port of Port Hedland, and the instrument is repealed at the end of 15 December 2019. This determination aims to manage biosecurity risks by controlling the entry of potentially hazardous materials through designated points.

Key Provisions

The Biosecurity (First Point of Entry—Port Hedland) Determination 2016, made under subsection 229(1) of the Biosecurity Act 2015, designates Port Hedland as a first point of entry for vessels and goods, except animals, subject to biosecurity control. Section 5 designates Port Hedland as the first point of entry for vessels, while section 6 specifies the same for goods, excluding animals. The determination also identifies specific biosecurity entry points within Port Hedland for vessels and goods, as outlined in sections 7 and 8. The biosecurity entry points for vessels include Port Hedland Port (PHP) Berth 1 and Berth 2, applicable to commercial passenger vessels, including cruise vessels. For goods, the biosecurity entry points are also Port Hedland Port (PHP) Berth 1 and Berth 2, specifically for containers. The Biosecurity (First Point of Entry—Port Hedland) Determination 2016 imposes obligations on vessels and goods entering Port Hedland to comply with the specified biosecurity entry points and any associated conditions to prevent the introduction and spread of pests and diseases. Entities and individuals must ensure that vessels and goods are inspected and managed in accordance with the requirements set out in the Biosecurity Act 2015 and any related regulations. Compliance with these obligations is critical to maintaining Australia's biosecurity standards and protecting the environment and agricultural industries from potential threats. Violations of the provisions within the Biosecurity (First Point of Entry—Port Hedland) Determination 2016 may lead to various civil and criminal consequences. The Biosecurity Act 2015 outlines offences and penalties for non-compliance, which can include fines and imprisonment. The severity of penalties may vary depending on the nature and extent of the breach, with maximum penalties specified within the Act. Non-compliance with biosecurity measures can result in significant legal repercussions for individuals and entities, highlighting the importance of adherence to the regulations. The Biosecurity (First Point of Entry—Port Hedland) Determination 2016 is repealed at the end of 15 December 2019, as stated in section 9. This repeal means that the determination will no longer be in effect after the specified date, and any obligations or requirements it imposed will cease to apply. The repeal is detailed in the legislation history, ensuring that any amendments and transitional provisions are clearly documented. The determination’s expiry date underscores the temporary nature of some biosecurity measures, which may be reviewed and updated to address emerging risks and 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.