Biosecurity (First Point of Entry—Port of Cairns) Amendment (2026 Measures No. 1) Determination 2026

EXPLANATORY STATEMENT

Issued by Authority of the Minister for Agriculture, Fisheries and Forestry

Biosecurity Act 2015

Biosecurity (First Point of Entry—Port of Cairns) Amendment (2026 Measures No. 1) Determination 2026

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 Cairns) Amendment (2026 Measures No.1) Determination 2026 (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 Cairns) Determination 2019 (the Port of Cairns Determination). The Port of Cairns Determination is made under subsection 229(1) of the Biosecurity Act.

Subsection 229(1) of the Biosecurity Act provides that the Director of Biosecurity may determine that a specified port in Australian territory is a first point of entry for any of the following:

Section 230 of the Act provides that a determination may designate specified areas of the port as biosecurity entry points (BEPs) for specified classes of vessels and specified classes of goods.

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 233(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 Regulation) provides that a circumstance in which the Director may vary a determination under section 229 of the Biosecurity Act, in relation to a port, is that the operator of the port has requested the variation or revocation of the determination, or the variation of the conditions in the determination.

Several operators at the Port of Cairns have requested variations to the Port of Cairns Determination.

Purpose

The purpose of the Amendment Determination is to make changes to the Port of Cairns determination in response to requests by operators at the port.

In particular, the purpose is to vary the Port of Cairns determination to:

• designate Jardine Wharf, Endeavour Wharf, Fitter’s Wharf, Sheet Pile Wharf and Floating Wharf at Port of Cairns as BEPs for waste and vessels other than non-commercial vessels and passenger vessels;

• designate Jardine Wharf and Endeavour Wharf as BEPs for general goods;

• remove references to BSE Cairns Slipways. 

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 Port of Cairns Determination, which commenced on 16 June 2019, determined the Port of Cairns as a first point of entry for vessels generally and for all goods other than live horses. The Director of Biosecurity was satisfied that the Port of Cairns met the requirements of subsection 229(2) of the Biosecurity Act. 

The Port of Cairns Determination also designated areas of the Port of Cairns as BEPs for the classes of vessel and classes of goods specified in the Determination for each BEP.

Section 246 of the Act provides that if a vessel that is subject to biosecurity control has been moored at a first point of entry for the vessel, and there is a BEP for the vessel at the first point of entry, the vessel must be brought to that biosecurity entry point as soon as practicable.

Section 147 of the Act provides that if a vessel has arrived at a first point of entry for the vessel, and there is a BEP at the first point of entry for goods that are to be unloaded from the aircraft or vessel, the person in charge of the vessel must ensure the goods are brought to a BEP for those goods as soon as practicable, subject to certain exceptions.

Norship Pty Ltd has requested that Jardine Wharf and Endeavour Wharf, which it operates at the Port of Cairns, be designated as BEPs for vessels (other than non-commercial vessels and passenger vessels), waste and general goods.

Austal Cairns Pty Ltd has requested that Fitter’s Wharf, Sheet Pile Wharf and Floating Wharf, that it operates at the Port of Cairns, be designated as BEPs for vessels (other than non-commercial vessels and passenger vessels) and waste. These BEPs are located at the area formerly known as BSE Cairns Slipways which had been operated by a different operator.

For the purposes of the Amendment Determination, the delegate of the Director of Biosecurity was satisfied that these requests were circumstances prescribed by paragraph 59(c) of the Regulation. The delegate could, therefore, consider whether to vary the Port of Cairns Determination to designate these areas as BEPs, specify classes of vessels and goods for the BEPs and remove references to BSE Cairns Slipways (see paragraph 233(e) of the Biosecurity Act).

The Port of Cairns has previously been assessed as having the required facilities to assess, and if necessary, treat biosecurity risks associated with vessels and goods, other than live horses. In particular, it has been assessed by the department as having appropriate procedures in place for providing biosecurity measures, and as having adequate facilities and amenities available at the port for biosecurity and human biosecurity officers to perform functions or exercise powers under the Biosecurity Act.

The department has assessed Jardine Wharf, Endeavour Wharf, Fitter’s Wharf, Sheet Pile Wharf and Floating Wharf as complying with the requirements in section 58 of the Regulation, as guided by the department’s assessment of these areas of the port against the First Point of Entry Biosecurity Standards (Ports), and has assessed that the management of biosecurity risks at these areas is acceptable. The Standards are prepared and published by the department and are available on the department’s website.

Jardine Wharf, Endeavour Wharf, Fitter’s Wharf, Sheet Pile Wharf and Floating Wharf have been assessed as having the required facilities to inspect and, if necessary, treat biosecurity risks associated with waste and vessels other than non-commercial vessels and passenger vessels, commensurate with the operations at those wharves. Jardine Wharf and Endeavour Wharf have also been assessed as having the required facilities to inspect and, if necessary, treat biosecurity risks associated with general goods, commensurate with the operations at those wharves.

Impact and Effect

The Amendment Determination amends the Port of Cairns Determination to designate Jardine Wharf, Endeavour Wharf, Fitter’s Wharf, Sheet Pile Wharf and Floating Wharf as BEPs for vessels other than non-commercial vessels or passenger vessels, and for waste. It also designates Jardine Wharf and Endeavour Wharf for general goods. The Amendment Determination removes references to ‘BSE Cairns Slipways’ as that area of the Port of Cairns is now operated by Austal Cairns Pty Ltd and is no longer known by that name. The amendments designate the wharves at that area as BEPs using the wharf names.

Vessels mooring at the Port of Cairns must be brought to one of the BEPs designated for such vessels, which now include the five wharves mentioned above for vessels other than non-commercial or passenger vessels. Waste from such vessels must be brought to one of the BEPs designated for waste, which now include these five wharves. General goods must be brought to one of the BEPs designated for general goods, which now include Jardine Wharf and Endeavour Wharf.

Consultation

In considering whether to make the Amendment Determination, the department engaged directly with the operators of the five BEPs designated by the amendments, Norship Pty Ltd and Austal Cairns Pty Ltd.

Ports North, the owner of the Port of Cairns, was also consulted on the proposed amendments to the determination.

The Department of Health, Disability and Ageing has also been consulted in relation to the Amendment Determination and provided a letter of endorsement on 9 April 2026.

Details / Operation

The Amendment Determination commences on the day after the instrument is 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 Port of Cairns 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.

The designation of additional BEPs for specified classes of vessels and goods are based on technical and scientific decisions that the requirements in relation to the designation of the BEPs have been met, and that the level of biosecurity risk associated with operations carried out at the BEPs is acceptable. It is critical to the management of biosecurity risks that such technical and scientific decisions are implemented effectively.

It is also critical that stakeholders who make decisions in reliance on the Port of Cairns Determination (as amended by the Amendment 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 Cairns nor biosecurity officials at that port could be certain of arrangements upon arrival in relation to the BEPs until after the expiry of a disallowance period. Certainty around the ability for vessels and goods to arrive at the Port of Cairns is necessary for the operation of the relevant businesses.

A statement of compatibility with human rights, prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required, as subsection 9(1) of that Act and paragraph 15J(2)(f) of the Legislation Act only require a statement of compatibility of human rights to be prepared for disallowable legislative instruments.

ATTACHMENT

Details of the Biosecurity (First Point of Entry—Port of Cairns) Amendment (2026 Measures No. 1) Determination 2026

Section 1 – Name

This section provides that the name of the instrument is the Biosecurity (First Point of Entry—Port of Cairns) Amendment (2026 Measures No. 1) Determination 2026 (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 233 of the Biosecurity Act 2015 (the Biosecurity Act).

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

Schedule 1 – Amendments

Biosecurity (First Point of Entry—Port of Cairns) Determination 2019

Item [1] – Section 7 (table item 3)

This item repeals item 3 of the table in section 7 of the Port of Cairns Determination. 

Item 3 designated BSE Cairns Slipways at the Port of Cairns as a biosecurity entry point (BEP) for vessels other than passenger vessels. The operator at the area known as BSE Cairns Slipways has changed, and the area is no longer known by that name. The area encompasses Fitter’s Wharf, Sheet Pile Wharf and Floating Wharf, which are designated as BEPs for vessels other than non-commercial vessels or passenger vessels (see item [2] below). The new operator, Austal Cairns Pty Ltd, has requested variations to the Port of Cairns Determination to reflect these changes. The amendment therefore corresponds to a request by an operator at the Port.

Item [2] – Section 7 (at the end of the cell at table item 4, column 2)

This item adds five additional areas at the Port of Cairns to column 2 of item 4 of the table in section 7 of the Port of Cairns Determination. The amendment has the effect of designating the following areas as BEPs for vessels other than non-commercial vessels or passenger vessels:

• Jardine Wharf;
• Endeavour Wharf;
• Fitter’s Wharf;
• Sheet Pile Wharf;
• Floating Wharf.

The term ‘non-commercial vessel’ is defined in section 4 of the Port of Cairns 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 term ‘passenger vessel’ is defined in the Biosecurity Act 2015 (the Act) to mean a vessel that has the capacity to carry 12 or more passengers.

The term ‘vessel’ is defined in section 4 of the Port of Cairns Determination to mean a vessel (as defined in section 9 of the Act) that is subject to biosecurity control.

The addition of these BEPs to the Port of Cairns Determination was requested by the operators of these BEPs, Austal Cairns Pty Ltd and Norship Pty Ltd.

Under section 246 of the Act, where a BEP at a port is designated for a class of vessels, a vessel in that class that moors at the port must be brought to a BEP for that class of vessel as soon as practicable.

Item [3] – Section 8 (table item 1, column 2, paragraph (a))

This item repeals paragraph (a) in column 2 of item 1 of the table in section 8 of the Port of Cairns Determination. This removes the reference to BSE Cairns Slipways as a BEP for non-commercial vessel baggage and non-commercial vessel waste.

The operator at the area known as BSE Cairns Slipways has changed, and the area is no longer known by that name. The area encompasses Fitter’s Wharf, Sheet Pile Wharf and Floating Wharf. These wharves are designated as BEPs for vessels other than non-commercial vessels or passenger vessels (see item [2] above) and for waste [see item [6] below). The current operator, Austal Cairns Pty Ltd, has requested variations to the Port of Cairns Determination to reflect these changes. The amendment therefore corresponds to a request by an operator at the Port.

Item [4] – Section 8 (at the end of the cell at table item 3, column 2)

This item adds Jardine Wharf and Endeavour Wharf to column 2 of item 3 in the table in section 8 of the Port of Cairns Determination. The amendment has the effect of designating Jardine Wharf and Endeavour Wharf, at the Port of Cairns, as BEPs for general goods. This variation results from a request by Norship Pty Ltd, the operator of Jardine Wharf and Endeavour Wharf, to designate these areas as BEPs.

The term ‘general goods’ is defined in section 4 of the Port of Cairns Determination to mean goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.

The term ‘goods’ is defined in section 4 of the Port of Cairns Determination to mean goods (as defined by section 19 of the Act) that are subject to biosecurity control or in relation to which an exposed goods order is in force.

Section 147 of the Act provides that where a BEP is designated at a port for a class of goods, goods in that class that are intended to be unloaded from a vessel at the port must be brought to a BEP for that class as soon as practicable, unless certain permissions or directions have been given.

Item [5] – Section 8 (table item 6, column 2, paragraph (a))

This item repeals paragraph (a) in column 2 of item 6 of the table in section 8 of the Port of Cairns Determination. This removes the reference to BSE Cairns Slipways as a BEP for waste.

The operator at the area known as BSE Cairns Slipways has changed, and the area is no longer known by that name. The area encompasses Fitter’s Wharf, Sheet Pile Wharf and Floating Wharf. These wharves are designated as BEPs for waste (see item [6] below). The new operator, Austal Cairns Pty Ltd, has requested variations to the Port of Cairns Determination to reflect these changes. The amendment therefore corresponds to a request by an operator at the Port.

Item [6] – Section 8 (at the end of the cell at table item 6, column 2)

This item adds the following areas at the Port of Cairns to the cell at column 2 of table item 6 in section 8 of the Port of Cairns Determination:

• Jardine Wharf;
• Endeavour Wharf;
• Fitter’s Wharf;
• Sheet Pile Wharf;
• Floating Wharf.

This has the effect of designating these areas as BEPs for waste. The term ‘waste’ is defined in section 4 of the Port of Cairns Determination to mean goods (as defined by section 19 of the Act) that are subject to biosecurity control that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.

Section 147 of the Act provides that where a BEP is designated at a port for a class of goods, goods in that class that are intended to be unloaded from a vessel at the port must be brought to a BEP for that class as soon as practicable, unless certain permissions or directions have been given.