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

Administered by Department of Agriculture

Legislation au F2016L00976 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Port of Albany) 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:    24 June 2019

 

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry—Port of Albany) 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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—Port of Albany) 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;
  3.      plant;

(b) 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.

vessel means vessels that are subject to biosecurity control.

Part 2—First point of entry

 

5  First point of entry—vessels

  Port of Albany is a first point of entry for vessels.

6  First point of entry—goods

  Port of Albany is a first point of entry for goods, other than animals and plants.

 

Part 3—Biosecurity entry points

Note: No areas of Port of Albany are designated as biosecurity entry points.

Part 4—Conditions

 

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

 

Part 5—Period of effect

7  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 of Albany) Determination 2016

1 June 2016 (F2016L00976)

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 11): 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—Port of Albany) Determination 2016 was enacted to address the specific biosecurity risks associated with the Port of Albany as an entry point for biosecurity regulated goods and vessels. This legislative instrument is made under subsection 229(1) of the Biosecurity Act 2015 by the Australian Government, aiming to mitigate the risks of pests, diseases, and contaminants entering the country through this port. It designates the Port of Albany as a first point of entry for vessels and certain goods, excluding animals and plants, thus providing a structured framework to control and manage these risks effectively. The Determination was made as permitted by subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 and is repealed at the end of 15 December 2019.

Scope and Application

The Biosecurity (First Point of Entry—Port of Albany) Determination 2016 applies to vessels and goods entering Australia through the Port of Albany, which is designated as a first point of entry for these items under the Biosecurity Act 2015. This legislative instrument specifies that Port of Albany serves as the primary entry point for vessels and goods subject to biosecurity controls, excluding animals and plants. The scope of this determination is limited to the geographic location of the Port of Albany and does not extend to other ports or areas within Australia. The legislation is effective from 16 June 2016 until its repeal on 15 December 2019, as amended by the Biosecurity (First Points of Entry Determinations) Amendment (Periods of Effect) Determination 2019. There are no specific conditions or biosecurity entry points designated within the Port of Albany under this determination. The application of this determination may be extended or modified through subordinate instruments made under the Biosecurity Act 2015.

Key Provisions

The Biosecurity (First Point of Entry—Port of Albany) Determination 2016, made under subsection 229(1) of the Biosecurity Act 2015, establishes the Port of Albany as the first point of entry for vessels and goods, excluding animals and plants, subject to biosecurity control. Section 5 designates the Port of Albany as a first point of entry for vessels, while section 6 specifies that the same applies to goods. The term "goods" in this context refers to goods subject to biosecurity control or those for which an exposed goods order is in force, as defined in the Biosecurity Act 2015. This determination does not designate any areas within the Port of Albany as biosecurity entry points, and there are no specified conditions for its operation. The determination imposes several obligations on the parties and entities it governs. Vessels entering the Port of Albany must comply with biosecurity controls as stipulated by the Biosecurity Act 2015. Similarly, goods, excluding animals and plants, must adhere to the biosecurity regulations in place. These obligations are aimed at preventing the introduction and spread of pests, diseases, and contaminants that could harm Australia's environment, agriculture, and public health. Any entity responsible for the importation of goods or the operation of vessels must ensure that these biosecurity measures are observed. Breaches of the provisions of the Biosecurity (First Point of Entry—Port of Albany) Determination 2016 may result in civil and criminal penalties. Under the Biosecurity Act 2015, individuals or entities found in breach of biosecurity regulations can face significant fines. For example, the maximum penalty for serious biosecurity breaches can be up to $1.1 million for corporations and $220,000 for individuals, along with potential imprisonment terms. The penalties are intended to enforce compliance and deter non-compliance with biosecurity measures, ensuring the protection of Australia’s biosecurity interests. The determination is set to be repealed at the end of 15 December 2019, as stated in section 7. This repeal will terminate the legal status of the Port of Albany as a first point of entry for vessels and goods under this specific determination. However, the underlying biosecurity regulations and requirements will continue to apply under the Biosecurity Act 2015 and other relevant legislation. The repeal is part of the periodic review and amendment process to ensure that biosecurity measures remain effective and up-to-date with current threats and scientific knowledge.

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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.