Biosecurity (First Point of Entry—Port of Cocos (Keeling) Islands) Determination 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L00940 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Port of Cocos (Keeling) Islands) 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 Cocos (Keeling) Islands) 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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 Cocos (Keeling) Islands) 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:

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 Cocos (Keeling) Islands is a first point of entry for vessels.

6  First point of entry—goods

  Port of Cocos (Keeling) Islands is a first point of entry for goods.

Part 3—Biosecurity entry points

 

Note: No areas of Port of Cocos (Keeling) Islands are designated as biosecurity entry points.

Part 4—Conditions

 

Note: There are no specified conditions for Port of Cocos (Keeling) Islands.

Part 5—Period of effect

 

7  Repeal of this instrument

  This instrument is repealed at the end of 15 June 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 Cocos (Keeling) Islands) Determination 2016

1 June 2016 (F2016L00940)

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 15): 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 6): 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

 

am F2021L00725

 

Overview

The Biosecurity (First Point of Entry—Port of Cocos (Keeling) Islands) Determination 2016 was enacted to designate the Port of Cocos (Keeling) Islands as the first point of entry for vessels and goods, under the authority of 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. This legislative instrument was created to address the specific biosecurity risks associated with the entry of vessels and goods into Australia via the Cocos (Keeling) Islands, ensuring that these points of entry comply with national biosecurity measures. The Port of Cocos (Keeling) Islands is recognised as a crucial biosecurity checkpoint, given its geographical location and the potential pathways it represents for the introduction of pests and diseases. The overarching policy objective is to safeguard Australia's biosecurity by controlling and managing the risks associated with the international movement of goods and vessels.

Scope and Application

The Biosecurity (First Point of Entry—Port of Cocos (Keeling) Islands) Determination 2016 establishes the Port of Cocos (Keeling) Islands as the first point of entry for vessels and goods subject to biosecurity control under the Biosecurity Act 2015. This determination is made under the authority of subsection 229(1) of the Biosecurity Act 2015 and is permitted by subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015. The determination specifies that the Port of Cocos (Keeling) Islands serves as the initial point of entry for vessels and goods subject to biosecurity controls, which are defined as those goods and vessels that are subject to biosecurity control or in relation to which an exposed goods order is in force. Notably, this determination does not designate any specific areas within the Port of Cocos (Keeling) Islands as biosecurity entry points nor does it specify any conditions for the port. The determination is set to be repealed at the end of 15 June 2022, as per section 7 of the determination.

Key Provisions

The Biosecurity (First Point of Entry—Port of Cocos (Keeling) Islands) Determination 2016 establishes the Port of Cocos (Keeling) Islands as a first point of entry for vessels and goods under the Biosecurity Act 2015 (sections 5 and 6). This means that all vessels and goods entering Australian territory via the Port of Cocos (Keeling) Islands are required to comply with the biosecurity measures specified in the Act. The definition section (section 4) clarifies that "goods" and "vessel" refer to those subject to biosecurity control or in relation to which an exposed goods order is in effect. The Determination imposes obligations on all parties involved, including vessel operators, goods importers, and the Australian Government, to adhere to the biosecurity requirements. This includes ensuring that all vessels and goods entering through the Port of Cocos (Keeling) Islands are inspected and cleared by relevant authorities before they are allowed to proceed. The obligations also extend to the maintenance of records and reporting of any non-compliance or breaches of biosecurity protocols. There are potential consequences for breaches of the Determination. The Biosecurity Act 2015 outlines various offences and penalties for non-compliance, which can include fines and imprisonment. For instance, knowingly or recklessly contravening the Act can result in a fine of up to $1,650,000 for corporations or $330,000 for individuals, or imprisonment for up to 10 years, or both. Furthermore, failure to comply with biosecurity measures can lead to serious risks of introducing pests and diseases into Australia, which can have severe economic and environmental impacts. Additionally, the Determination will be repealed at the end of 15 June 2022 (section 7). Any amendments or modifications to the Determination that have not been commenced by this date are not reflected in the current text. It is important for all parties involved to stay informed about any legislative changes to ensure ongoing compliance with 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.