EXPLANATORY STATEMENT
Issued by Authority of the Director of Biosecurity
Biosecurity Act 2015
Biosecurity (First Point of Entry—Port of Broome) 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—Port of Broome) Amendment (2025 Measures No. 1) Determination 2025 (the Amendment Determination) is made under section 233 of the Biosecurity Act. The Amendment Determination makes amendments to the Biosecurity (First Point of Entry—Port of Broome) Determination 2019 (the Port of Broome Determination), which is made under subsection 229(1) of the Biosecurity Act.
Section 233 of the Biosecurity Act provides that if a determination is made under subsection 229(1) in relation to a port, 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 233(a) to (e) of the Biosecurity Act.
Paragraph 233(e) of the Biosecurity Act provides that one of these matters is that a circumstance prescribed by the regulations has occurred. Paragraph 59(c) of the Biosecurity Regulation 2016 (the Biosecurity Regulation) provides that a circumstance in which the Director may vary or revoke a determination, or vary the conditions of a determination, under section 233 of the Biosecurity Act in relation to a port is that the operator of the port has requested the variation or the revocation of the determination, or the variation of the conditions. The operator at Port of Broome has requested variations to the Port of Broome Determination.
Purpose
The purpose of the Amendment Determination is to vary the Port of Broome Determination to designate Terminal 2 within Port of Broome as an additional biosecurity entry point (BEP) for vessels other than non-commercial vessels, inorganic bulk goods and waste, and to designate Broome Wharf and Terminal 2 as BEPs for baggage carried on a vessel other than a non-commercial vessel or a passenger vessel.
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.
On 7 June 2019, Port of Broome was determined as a first point of entry for vessels other than non-commercial vessels, baggage carried on a vessel other than a non-commercial vessel or a passenger vessel, inorganic bulk goods and waste. The Port of Broome Determination commenced on 16 June 2019.
On 19 August 2025, an operator at Port of Broome (Kimberley Marine Support Base (KMSB)) submitted a request to the department to vary the Port of Broome Determination for the purposes of designating Terminal 2 as an additional BEP for vessels other than non-commercial vessels, waste and baggage carried on a vessel other than a non-commercial vessel or a passenger vessel. Following further discussion with the operators at the Port of Broome (KMSB and Kimberley Port Authority (KPA)), it was also confirmed that the Port of Broome Determination should also be varied for the purposes of designating Terminal 2 as an additional BEP for inorganic bulk goods and designating Broome Wharf and Terminal 2 as BEPs for baggage carried on a vessel other than a non-commercial vessel or a passenger vessel.
For the purposes of the Amendment Determination, the delegate of the Director of Biosecurity was satisfied that this request was a circumstance prescribed by the Regulation (see paragraph 59(c) of the Biosecurity Regulation). The delegate could, therefore, consider whether to vary the Port of Broome Determination (see paragraph 233(e) of the Biosecurity Act).
The area of Port of Broome known as Terminal 2 has been assessed as a BEP having the required facilities to assess and, if necessary, treat biosecurity risks associated with vessels other than non-commercial vessels, inorganic bulk goods and waste commensurate with the anticipated operations, and the areas of Port of Broome known as Broome Wharf and Terminal 2 have also been assessed as BEPs having the required facilities to assess and, if necessary, treat biosecurity risks associated with baggage carried on a vessel other than a non-commercial vessel or a passenger vessel.
The delegate of the Director of Biosecurity has therefore varied the Port of Broome Determination for the purposes of section 233 of the Biosecurity Act.
Impact and Effect
The Amendment Determination amends the Port of Broome Determination to designate “Terminal 2” as an additional BEP for vessels other than non-commercial vessels, inorganic bulk goods and waste. The Amendment Determination also amends the Port of Broome Determination to designate “Broome Wharf” and “Terminal 2” as BEPs for baggage carried on a vessel other than a non-commercial vessel or a passenger vessel. Broome Wharf will continue to be designated as a BEP for vessels other than non-commercial vessels, inorganic bulk goods and waste.
The Amendment Determination ensures that vessels other than non-commercial vessels, baggage carried on a vessel other than a non-commercial vessel or a passenger vessel, inorganic bulk goods, and waste arriving into Australian territory from overseas arrive at locations that have the facilities available to assess any biosecurity risk associated with those vessels and goods, and to manage such risks to an acceptable level. Vessels or goods arriving at locations that do not have the capacity to manage the biosecurity risk pose a threat that a disease or pest may enter Australia, establish or spread and cause harm to Australia`s human, plant and animal health, the environment and the economy.
Consultation
In considering whether to make the Amendment Determination to vary BEPs for vessels other than non-commercial vessels, baggage carried on a vessel other than a non-commercial vessel and a passenger vessel, and waste and inorganic goods at Port of Broome, the department engaged directly with the operators at Port of Broome extensively throughout the assessment process. This included engaging in correspondence with the operators and conducting site visits to ensure appropriate facilities were in place to manage biosecurity risk.
The department also consulted with Australian Border Force and the Department of Infrastructure, Transport, Regional Development, Sport, Communications and the Arts on the proposed addition of Terminal 2 as a BEP.
The Department of Health, Disability and Ageing has also been consulted in relation to the Amendment Determination and provided a letter of endorsement on 28 November 2025.
Details/ Operation
The Amendment Determination commences on the day after registration.
Details of the Amendment Determination are set out in the Attachment.
Other
The Amendment Determination is a legislative instrument, but under paragraph 234(b) of the Biosecurity Act, section 42 (disallowance) of the Legislation Act 2003 (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 Port of Broome Determination, implements technically and scientifically based decisions to manage biosecurity risks arising from vessels, 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 Port of Broome Determination to include a new BEP for the specified vessels and goods, and designating the existing and new BEPs for certain baggage, is based on a technical and scientific decision that the requirements in relation to the designation of the BEP have been met, and that the level of biosecurity risk associated with operations carried out at the BEP is acceptable. It is critical to the management of biosecurity risks that such a technical and scientific decision is implemented effectively.
It is also critical that stakeholders who make decisions in reliance on the Port of Broome Determination have certainty as to first point of entry arrangements, including arrangements in relation to BEPs. A lack of certainty could cause confusion and disruption, and potentially undermine Australia’s biosecurity framework. For example, neither vessels travelling to Port of Broome nor biosecurity officials at that port could be certain of arrangements upon arrival in relation to which BEP to use until after the expiry of a disallowance period, were the Determination to be disallowable.
A statement of compatibility with human rights is not required to be prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as the Amendment Determination is not disallowable. Paragraph 15J(2)(f) of the Legislation Act does not require a statement of compatibility with human rights to be included in this explanatory statement for the same reason.
ATTACHMENT
Details of the Biosecurity (First Point of Entry—Port of Broome) 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—Port of Broome) Amendment (2025 Measures No. 1) Determination 2025 (the Amendment Determination).
Section 2 – Commencement
This section provides that each provision of the Amendment Determination specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Item 1 in the table provides that the whole of the Amendment Determination commences on the day after it is registered on the Federal Register of Legislation.
The note below the table provides that the table relates only to the provisions of the Amendment Determination as originally made. It will not be amended to deal with any later amendments of the Amendment Determination. The purpose of this note is to clarify that the commencement of any amendments is not reflected in this table.
Section 3 – Authority
This section provides that the Amendment Determination is made under section 233 of the Biosecurity Act 2015 (Biosecurity Act).
Section 4 – Schedules
This section provides for the amendment or repeal of instruments as set out in a Schedule to the Amendment Determination. Schedule 1 to the Amendment Determination provides for amendments of the Biosecurity (First Point of Entry—Port of Broome) Determination 2019 (the Port of Broome Determination).
Schedule 1 – Amendments
Biosecurity (First Point of Entry—Port of Broome) Determination 2019
Item [1] – Section 7 (cell at table item 1, column 2)
Item 1 amends section 7 (cell at table item 1, column 2) of the Port of Broome Determination to repeal the cell and substitute the following:
The following areas:
(a) Broome Wharf;
(b) Terminal 2
The effect of this amendment is that in addition to Broome Wharf, Terminal 2 is also an area designated as a biosecurity entry point (BEP) for vessels other than non-commercial vessels arriving at Port of Broome.
“Biosecurity entry point” is defined in sections 9 and 13 of the Biosecurity Act for a vessel as, relevantly, an area of a port that is designated, under paragraph 230(a) of the Biosecurity Act, as a biosecurity entry point for that vessel or a class of vessels that includes that vessel. Paragraph 230(a) of the Biosecurity Act provides in effect that a first point of entry determination made in relation to a port may designate a specified area of the port as a biosecurity entry point for vessels generally, or a specified class of vessel, that are subject to biosecurity control.
“Non‑commercial vessel” is defined in the Port of Broome Determination to have the same meaning as in the Biosecurity Regulation 2016 (the Regulation). At the time of commencement of the Amendment Determination, the Regulation defined ‘non-commercial vessel’ to mean a vessel that is used, or is intended to be used, wholly for recreational purposes (whether or not crew are employed on the vessel).
The Port of Broome Determination defines “vessel” as a vessel as defined by section 9 of the Biosecurity Act that is subject to biosecurity control.
Section 246 of the Biosecurity Act has the effect that if a BEP has been designated for a vessel, the person in charge or the operator of a vessel that is subject to biosecurity control and has been moored at a first point of entry (in this case, Port of Broome) must ensure that the vessel is brought to that BEP as soon as practicable. This means that vessels other than non-commercial vessels arriving at Port of Broome must be brought to Broome Wharf or Terminal 2.
Item [2] – Section 8 (at the end of the cell at table item 1, column 1)
Item 2 amends section 8 (at the end of the cell at table item 1, column 1) of the Port of Broome Determination to add:
(c) baggage carried on a vessel other than a non-commercial vessel or a passenger vessel
The effect of this amendment is that baggage carried on a vessel other than a non-commercial vessel or a passenger vessel are goods for which there is a BEP.
“Biosecurity entry point” is defined in sections 9 and 13 of the Biosecurity Act for goods as, relevantly, an area of a port that is designated, under paragraph 230(b) of the Biosecurity Act, as a biosecurity entry point for those goods or a class of goods that includes those goods. Paragraph 230(b) of the Biosecurity Act provides in effect that a first point of entry determination made in relation to a port may designate a specified area of the port 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.
The term ‘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.
A ‘passenger vessel’ is defined in section 9 of the Biosecurity Act to mean a vessel that has the capacity to carry 12 or more passengers.
Item [3] – Section 8 (cell at table item 1, column 2)
Item 3 amends section 8 (cell at table item 1, column 2) of the Port of Broome Determination to repeal the cell and substitute the following:
The following areas:
(a) Broome Wharf;
(b) Terminal 2
Section 8 previously specified Broome Wharf as the designated BEP for inorganic bulk goods and waste. Item 2 of this Schedule adds baggage carried on a vessel other than a non-commercial vessel or a passenger vessel as goods that must be brought to a BEP listed in section 8, including Broome Wharf. This item adds Terminal 2 as a designated BEP at Port of Broome for inorganic bulk goods, waste and baggage carried on a vessel other than a non-commercial vessel or a passenger vessel.
The effect of this amendment, together with the amendment made by item 2 of this Schedule, is that the area known as Broome Wharf and the area known as Terminal 2 at Port of Broome are both designated as BEPs for waste, inorganic bulk goods and baggage carried on a vessel other than a non-commercial vessel or a passenger vessel.
Section 147 of the Biosecurity Act has the effect that unless limited exceptions apply, where a BEP has been designated for goods, the person in charge of the vessel arriving at a first point of entry (in this case, Port of Broome) must ensure that the goods that are to be unloaded from the vessel are brought to the BEP for those goods as soon as practicable. This means that baggage carried on a vessel other than a non-commercial vessel or a passenger vessel, waste and inorganic bulk goods arriving at Port of Broome must be brought to Broome Wharf or Terminal 2.