Biosecurity (First Point of Entry—Port of Christmas Island) Determination 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L00914 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Port of Christmas 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: 21 June 2021

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry—Port of Christmas 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

  1.         goods;
  2.        vessel.

  In this instrument:

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 of Christmas Island is a first point of entry for vessels.

  

6  First point of entry—goods

  Port of Christmas Island is a first point of entry for goods.

 

Part 3—Biosecurity entry points

7  Biosecurity entry points – vessels

  There are no specified biosecurity entry points for vessels within Port of Christmas Island.

8  Biosecurity entry points – goods

  An area of Port of Christmas Island specified in column 2 of an item of the following table is a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.

 

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Area

1

Containers

The Cove

 

Part 4—Conditions

 

Note: There are no specified conditions for Port of Christmas Island.

 

Part 5—Period of effect

 

9  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

/subsubparagraph(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

SubCh = SubChapter(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 Christmas Island) Determination 2016

31 May 2016 (F2016L00914)

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 14): 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 5): 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 9.....................

rs F2019L00727

 

am F2021L00725

 

 

Overview

The Biosecurity (First Point of Entry—Port of Christmas Island) Determination 2016, made under the Biosecurity Act 2015 and as permitted by the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015, was enacted to address the need for designated first points of entry for vessels and goods entering Australia through the Port of Christmas Island. This legislative instrument identifies Port of Christmas Island as a first point of entry for both vessels and goods, while also specifying particular areas within the port as biosecurity entry points for certain goods. The objective of this determination is to ensure that biosecurity measures are effectively implemented at key entry points to protect Australia's biosecurity interests. The instrument is subject to periodic review and amendment, with its most recent amendment extending its period of effect until 15 June 2021. It is set to be repealed at the end of 15 March 2022 unless further action is taken.

Scope and Application

The Biosecurity (First Point of Entry—Port of Christmas Island) Determination 2016 establishes the Port of Christmas Island as a first point of entry for vessels and goods subject to biosecurity control, as defined under the Biosecurity Act 2015. This determination applies specifically to vessels and goods that enter the Australian territory of Christmas Island, which is located in the Indian Ocean, south of Indonesia. The scope of the legislation includes the definition of key terms such as "vessel" and "goods," and it specifies that Port of Christmas Island is designated as a first point of entry without defining any specific biosecurity entry points for vessels within the port. However, it does specify that an area within Port of Christmas Island, named The Cove, is a biosecurity entry point for containers carrying goods. This determination was made under the authority provided by the Biosecurity Act 2015 and the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015, and it is subject to repeal at the end of 15 March 2022. The determination does not include any specific conditions for Port of Christmas Island, leaving the operational details to be potentially defined through subordinate instruments or regulations.

Key Provisions

The Biosecurity (First Point of Entry—Port of Christmas Island) Determination 2016 establishes that the Port of Christmas Island is a first point of entry for both vessels and goods. This means that any vessels or goods arriving at this port are subject to biosecurity controls as a first line of defence against the introduction of pests and diseases into Australia. This is significant because Christmas Island, with its unique biodiversity, is particularly vulnerable to biosecurity risks. Under this Determination, specific obligations are placed on vessels and goods arriving at the Port of Christmas Island. Vessels arriving at this port must comply with all biosecurity regulations and inspections, ensuring that they do not carry any prohibited organisms or substances that could harm Australian agriculture, ecosystems, or human health. Similarly, goods arriving at the port must also undergo biosecurity checks to verify that they do not pose a biosecurity threat. The Determination specifies that the Cove is a designated biosecurity entry point for containers carrying goods. Failure to comply with the requirements of this Determination can lead to serious consequences. Any person or entity found to be in breach of the biosecurity regulations can face legal action. Offences under the Biosecurity Act 2015, which this Determination is made under, can result in both civil and criminal penalties. For example, individuals may face fines of up to $1.65 million or imprisonment for up to 10 years for serious breaches. Corporations can face even higher penalties, with fines potentially reaching up to $8.25 million for serious offences. The penalties are intended to deter non-compliance and ensure that biosecurity measures are strictly adhered to. The Determination also specifies that it will be repealed at the end of 15 March 2022, unless otherwise extended. This means that the biosecurity measures and regulations in place for the Port of Christmas Island are subject to review and potential amendment or renewal by the relevant authorities. The repeal ensures that the legislation remains current and responsive to any emerging biosecurity threats or changes in biosecurity practices.

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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.