Biosecurity (First Point of Entry—Port of Darwin) Determination 2016

Administered by Department of Agriculture

Legislation au F2016L00886 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Port of Darwin) 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:    26 June 2019

 

About this compilation

This compilation

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

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 other than animals

7 First point of entry—animals

Part 3—Biosecurity entry points

8 Biosecurity entry points—vessels

9 Biosecurity entry points—goods other than animals

10 Biosecurity entry points—animals

Part 4—Conditions

Part 5—Period of effect

11 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 Darwin) 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.      animal;
  2.      goods;
  3.      passenger vessel;

(d) vessel.

  In this instrument:

commercial passenger vessel means a passenger vessel other than a noncommercial vessel.

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.

noncommercial vessel has the meaning given by section 5 of the Biosecurity Regulation 2016.

vessel means vessels that are subject to biosecurity control.

Part 2—First point of entry

 

5  First point of entry—vessels

  Port of Darwin is a first point of entry for vessels.

6  First point of entry—goods other than animals

  Port of Darwin is a first point of entry for goods, other than animals.

7  First point of entry—animals

  Port of Darwin is a first point of entry for domestic cats and domestic dogs brought or imported into Australian territory from New Zealand.

Part 3—Biosecurity entry points

 

8  Biosecurity entry points—vessels

  An area of Port of Darwin specified in column 2 of an item of the following table is a biosecurity entry point for a vessel specified in column 1 of the item.

 

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Area

1

Commercial passenger vessels including cruise ships

Fort Hill Wharf

2

Non commercial vessels including yachts

Cullen Bay Marina

 

9  Biosecurity entry points—goods other than animals

  An area of Port of Darwin specified in column 2 of an item of the following table is a biosecurity entry point for goods specified in column 1 of the item.

 

Biosecurity entry points—goods other than animals

Item

Column 1

Goods other than animals

Column 2

Area

1

Containers

East Arm Wharf

 

10  Biosecurity entry points—animals

  There are no specified biosecurity entry points for domestic cats or domestic dogs from New Zealand within Port of Darwin

Part 4—Conditions

 

Note: There are no specified conditions for Port of Darwin.

 

Part 5—Period of effect

11  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

    /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 Darwin) Determination 2016

31 May 2016 (F2016L00886)

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 18): 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 11....................

rs F2019L00727

 

 

Overview

The Biosecurity (First Point of Entry—Port of Darwin) Determination 2016 was enacted to establish specific locations within the Port of Darwin as first points of entry for certain vessels, goods, and animals entering Australian territory. This legislative instrument was made under subsection 229(1) of the Biosecurity Act 2015 by the Australian Government. The primary objective of this determination is to implement and enforce biosecurity measures effectively by designating specific areas within the Port of Darwin as first points of entry for vessels, goods, and animals, thereby ensuring that stringent biosecurity protocols are adhered to at these entry points. This helps in preventing the introduction and spread of pests, diseases, and other biosecurity risks into Australia. The enacting body for this determination is the Australian Government, which aims to maintain the integrity of Australia's biosecurity systems. This legislation assists in the seamless operation of the biosecurity framework by ensuring that all relevant goods and vessels are subject to the necessary inspections and controls at designated entry points. This determination is effective in bolstering the overall biosecurity strategy of Australia by specifying particular locations within the Port of Darwin for the entry of various types of vessels, goods, and animals.

Scope and Application

The Biosecurity (First Point of Entry—Port of Darwin) Determination 2016, made under the Biosecurity Act 2015, designates the Port of Darwin as a first point of entry for vessels, goods (excluding animals), and domestic cats and dogs imported from New Zealand. It specifies that the Port of Darwin is a biosecurity entry point for commercial passenger vessels and non-commercial vessels, with designated areas for their entry. Additionally, it identifies East Arm Wharf as the biosecurity entry point for goods in containers. Notably, there are no specified biosecurity entry points for domestic cats or dogs from New Zealand within Port of Darwin. This Determination does not impose any conditions for the Port of Darwin and is set to be repealed at the end of 15 December 2019. The application and enforcement of this Determination may be extended or restricted through subordinate instruments as permitted by the Biosecurity Act 2015.

Key Provisions

The Biosecurity (First Point of Entry—Port of Darwin) Determination 2016 (sections 5 to 11) designates specific areas of the Port of Darwin as first points of entry and biosecurity entry points for certain vessels, goods, and animals. Port of Darwin is designated as the first point of entry for vessels, goods other than animals, and domestic cats and domestic dogs brought or imported into Australian territory from New Zealand (sections 5 to 7). The Determination further specifies biosecurity entry points for vessels and goods within the Port of Darwin (sections 8 and 9). For commercial passenger vessels including cruise ships, Fort Hill Wharf is designated as the biosecurity entry point, while Cullen Bay Marina is designated for non-commercial vessels including yachts (section 8). For goods, East Arm Wharf is designated as the biosecurity entry point for containers (section 9). However, there are no specified biosecurity entry points for domestic cats or domestic dogs from New Zealand within Port of Darwin (section 10). The Determination imposes certain obligations on parties involved with the specified vessels, goods, and animals entering through the designated points of entry. Vessels and goods must adhere to the conditions set forth by the Biosecurity Act 2015 and any related regulations. Additionally, any person who wishes to import domestic cats or domestic dogs from New Zealand must comply with the relevant import conditions and requirements under the Biosecurity Act 2015. Failure to comply with these obligations may result in legal consequences. The Biosecurity Act 2015 and associated regulations outline various offences and penalties for breaches of the legislation. Offences may include unauthorised entry of goods or animals, failure to comply with import conditions, or providing false or misleading information. Penalties for these offences can include fines, imprisonment, or both, depending on the severity of the offence and any aggravating factors. The maximum penalties for certain offences under the Biosecurity Act 2015 can reach up to $220,000 for individuals and $1,100,000 for corporations, along with potential imprisonment terms. It is essential for parties involved to understand and adhere to the legislation to avoid facing these civil or criminal consequences.

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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.