Biosecurity (First Point of Entry—Port of Cascade Bay, Norfolk Island) Determination 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L01079 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Port of Cascade Bay, Norfolk Island) Determination 2016

made under subsection 229(1) of the Biosecurity Act 2015 and subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015

Compilation No. 2

Compilation date: 15 June 2021

Includes amendments up to: F2021L00725

Registered: 17 June 2021

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry—Port of Cascade Bay, Norfolk Island) Determination 2016 that shows the text of the law as amended and in force on 15 June 2021 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Cascade Bay, Norfolk Island) 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:

(a) goods;

(b) vessel.

  In this instrument:

containerised goods includes containers, and goods that arrive in containers.

goods means goods:

 (a) that are subject to biosecurity control; or

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

vessels means vessels that are subject to biosecurity control.

Part 2—First point of entry

 

5  First point of entry—vessels

  Port of Cascade Bay, Norfolk Island is a first point of entry for vessels.

6  First point of entry—goods

  Port of Cascade Bay, Norfolk Island is a first point of entry for goods, other than containerised goods and waste.

 

Part 3—Biosecurity entry points

Note: No areas of Port of Cascade Bay, Norfolk Island are designated as biosecurity entry points.

Part 4—Conditions

 

Note: There are no specified conditions for Port of Cascade Bay, Norfolk Island.

 

Part 5—Period of effect

7  Repeal of this instrument

  This instrument is repealed at the end of 15 March 2022.

 

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 Cascade Bay, Norfolk Island) Determination 2016

24 June 2016 (F2016L01079)

1 July 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 13): 15 June 2019 (s 2(1) item 1)

—

Biosecurity (First Points of Entry Determinations) Amendment (Periods of Effect) Determination 2021

10 June 2021 (F2021L00725)

Sch 1 (item 4): 15 June 2021 (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; F2021L00725

 

 

Overview

The Biosecurity (First Point of Entry—Port of Cascade Bay, Norfolk Island) Determination 2016 was enacted to designate the Port of Cascade Bay, Norfolk Island, as the first point of entry for vessels and goods, subject to biosecurity controls, into Australia. This legislation was introduced under the authority of subsection 229(1) of the Biosecurity Act 2015 and as permitted by subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015. The enactment aimed to enhance the nation's biosecurity measures by establishing a designated entry point for vessels and goods, thereby facilitating better control and inspection processes to prevent the introduction of pests and diseases. This determination is effective from 1 July 2016 and will be repealed at the end of 15 March 2022 unless further extended.

Scope and Application

The Biosecurity (First Point of Entry—Port of Cascade Bay, Norfolk Island) Determination 2016, made under the Biosecurity Act 2015, designates the Port of Cascade Bay on Norfolk Island as a first point of entry for vessels and certain goods. This means that the port is a primary location for the inspection and control of biosecurity risks associated with vessels and specific goods entering the island. The determination applies to vessels and goods subject to biosecurity control, which are defined in the Biosecurity Act 2015, and excludes containerised goods and waste from the designation of goods subject to biosecurity measures at this port. The scope of the determination is geographically limited to the Port of Cascade Bay on Norfolk Island, and it is in effect until 15 March 2022, as specified in the repealing provisions. The determination does not specify particular conditions for the port, leaving the implementation details to be addressed by subordinate instruments or regulations. The application and enforcement of the biosecurity measures are overseen by relevant authorities under the Biosecurity Act 2015.

Key Provisions

The Biosecurity (First Point of Entry—Port of Cascade Bay, Norfolk Island) Determination 2016, as amended, outlines specific biosecurity measures for the Port of Cascade Bay on Norfolk Island, in accordance with the Biosecurity Act 2015 and the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015. This determination identifies the Port of Cascade Bay as the first point of entry for vessels and goods subject to biosecurity control, except for containerised goods and waste (sections 5 and 6). It is important to note that no areas within the Port of Cascade Bay are designated as biosecurity entry points, and there are no specified conditions attached to the port's designation as a first point of entry (sections 3 and 4). The determination imposes obligations on vessels and goods entering the Port of Cascade Bay to comply with the biosecurity measures established by the Biosecurity Act 2015. This includes ensuring that vessels and goods are inspected and cleared by authorised officers before proceeding further. The obligations also extend to the timely reporting of any biosecurity risks or incidents to the relevant authorities (section 2). Breach of the provisions outlined in this determination may result in significant consequences. Offences under the Biosecurity Act 2015 can lead to substantial penalties. For example, the Act provides for civil penalties, which can include fines up to the greater of $22,200 or three times the benefit obtained from the offence, and criminal penalties, which can include fines of up to $275,000 for individuals and $1,375,000 for bodies corporate, as well as imprisonment for up to five years. These penalties underscore the importance of compliance with the biosecurity measures set forth in the determination (sections 226, 227, and 228 of the Biosecurity Act 2015). This determination is set to be repealed on 15 March 2022, as specified in section 7. Until that date, the provisions and obligations outlined remain in effect, ensuring that the Port of Cascade Bay continues to function as a first point of entry under the applicable biosecurity regulations.

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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.