Biosecurity (First Point of Entry—Port of Coffs Harbour) Determination 2016

Administered by Department of Agriculture

Legislation au F2016L00916 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Port of Coffs Harbour) Determination 2016

made under subsection 229(1) of the

Biosecurity Act 2015

Compilation No. 1

Compilation date:   15 June 2019

Includes amendments up to: F2019L00727

Registered:    27 June 2019

 

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry—Port of Coffs Harbour) Determination 2016 that shows the text of the law as amended and in force on 15 June 2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Coffs Harbour) 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;

(b) 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 Coffs Harbour is a first point of entry for vessels.

6  First point of entry—goods

  Port of Coffs Harbour is NOT a first point of entry for goods.

Part 3—Biosecurity entry points

Note: No areas of Port of Coffs Harbour are designated as biosecurity entry points.

Part 4—Conditions

 

Note: There are no specified conditions for Port of Coffs Harbour.

 

Part 5—Period of effect

7  Repeal of this instrument

  This instrument is repealed at the end of 15 December 2019.

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 Coffs Harbour) Determination 2016

31 May 2016 (F2016L00916)

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 16): 15 June 2019 (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

 

 

Overview

The Biosecurity (First Point of Entry—Port of Coffs Harbour) Determination 2016 was enacted to designate specific areas as points of entry for biosecurity purposes under the Biosecurity Act 2015. This legislative instrument was made by the Minister for Agriculture and Water Resources under subsection 229(1) of the Biosecurity Act 2015. The primary objective of this determination is to manage and control the entry of potential biosecurity risks into Australia by specifying which ports serve as the first point of entry for vessels and goods. The Port of Coffs Harbour is designated as a first point of entry for vessels but not for goods, thereby establishing a clear framework for biosecurity measures applicable to maritime activities at this location. This determination aims to ensure that biosecurity protocols are effectively implemented at the Port of Coffs Harbour, thereby protecting Australia's agricultural and natural resources from potential invasive species and diseases. The determination is set to be repealed at the end of 15 December 2019, as specified in the legislation, indicating a temporary measure intended to address immediate biosecurity needs.

Scope and Application

The Biosecurity (First Point of Entry—Port of Coffs Harbour) Determination 2016 is a legislative instrument made under section 229(1) of the Biosecurity Act 2015 and applies to the Port of Coffs Harbour, designating it as a first point of entry specifically for vessels subject to biosecurity control, but not for goods. This determination clarifies that the Port of Coffs Harbour is recognised as a critical entry point for vessels, which must adhere to stringent biosecurity measures to prevent the introduction and spread of pests and diseases. Conversely, goods arriving at the port are not subject to the same designation as a first point of entry, implying that they may enter through other designated points or under different conditions. The determination does not specify any particular conditions for the port nor designate any areas within it as biosecurity entry points. The geographic scope of this determination is limited to the Port of Coffs Harbour and does not extend to other ports or areas. The instrument is set to be repealed at the end of 15 December 2019, although any uncommenced amendments or editorial changes are accessible on the Legislation Register.

Key Provisions

The Biosecurity (First Point of Entry—Port of Coffs Harbour) Determination 2016 specifies the regulatory framework for biosecurity measures at the Port of Coffs Harbour. This determination identifies the Port of Coffs Harbour as a first point of entry for vessels but not for goods (sections 5 and 6). It mandates that vessels entering the port must comply with biosecurity regulations, but goods do not require the same stringent entry controls. The definitions provided clarify that 'vessel' refers to those subject to biosecurity control, while 'goods' include those under biosecurity control or for which an exposed goods order is in effect. These definitions are further elaborated in the Biosecurity Act 2015. The determination imposes obligations on vessels entering the Port of Coffs Harbour to adhere to biosecurity protocols. These obligations include compliance with any checks, inspections, or treatments required to prevent the introduction of pests or diseases. Although goods are not subject to the same entry requirements as vessels, any goods transported through the port must still comply with relevant biosecurity regulations to ensure they do not pose a biosecurity risk. The determination also mandates that no areas within the Port of Coffs Harbour are designated as biosecurity entry points, and there are no specified conditions for the port. Breach of the biosecurity measures outlined in this determination can lead to serious consequences. The Biosecurity Act 2015 provides for various offences and penalties. For example, non-compliance with biosecurity requirements can result in fines and imprisonment. The specific penalties for breaches vary depending on the nature and severity of the offence. The maximum penalties for serious breaches can be substantial, reflecting the importance of maintaining biosecurity standards to protect Australia's environment and economy. Additionally, any person or entity found in breach of these provisions may also face civil or administrative penalties as stipulated under the Act.

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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.