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

Administered by Department of Agriculture

Legislation au F2016L00896 Not in force Legislative Instrument

Legislation content

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

7 Biosecurity entry points—vessels

Part 4—Conditions

Part 5—Period of effect

8 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 Eden) 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.

non‑commercial 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 Eden is a first point of entry for vessels.

6  First point of entry—goods

  Port of Eden is NOT a first point of entry for goods.

 

Part 3—Biosecurity entry points

 

7  Biosecurity entry points—vessels

  An area of Port of Eden 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

Vessel

Column 2

Area

1

Non commercial vessels including yachts

Breakwater wharf – Snug Cove

 

.

Part 4—Conditions

 

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

 

Part 5—Period of effect

8  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 Eden) Determination 2016

31 May 2016 (F2016L00896)

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 19): 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 8.....................

rs F2019L00727

 

 

Overview

The Biosecurity (First Point of Entry—Port of Eden) Determination 2016 was enacted to designate the Port of Eden as a first point of entry for vessels under the Biosecurity Act 2015. This legislative instrument was made under the authority granted by subsection 229(1) of the Biosecurity Act 2015 by the Australian Parliament, aiming to enhance the biosecurity measures at specific entry points to protect Australia from the introduction of pests and diseases. The Determination specifies that while Port of Eden is a first point of entry for vessels, it is not designated as such for goods, with particular areas within the port identified for biosecurity controls on vessels. The policy objective is to ensure stringent biosecurity protocols are implemented at key entry points to safeguard the nation's agricultural and environmental sectors from potential threats.

Scope and Application

The Biosecurity (First Point of Entry—Port of Eden) Determination 2016, made under subsection 229(1) of the Biosecurity Act 2015, designates the Port of Eden as a first point of entry specifically for vessels. This legislative instrument applies to vessels that are subject to biosecurity control, as defined in the Biosecurity Act 2015, and explicitly excludes goods from this classification. The geographic reach of this Determination is confined to the Port of Eden, and it is applicable within the jurisdiction of the Commonwealth of Australia. Notably, the Determination does not impose any conditions for the Port of Eden, although it does specify particular areas within the Port as biosecurity entry points for non-commercial vessels, such as the breakwater wharf in Snug Cove. This Determination was set to be repealed at the end of 15 December 2019, as per its own provisions, although the specific application, saving, or transitional provisions are not detailed within this compilation. The Determination may be further extended or restricted through subordinate instruments, although such extensions or restrictions are not specified in this text.

Key Provisions

The Biosecurity (First Point of Entry—Port of Eden) Determination 2016, made under section 229(1) of the Biosecurity Act 2015, specifies that the Port of Eden is designated as a first point of entry for vessels (section 5). However, it clarifies that Port of Eden is not a first point of entry for goods (section 6). This delineation is critical for enforcing biosecurity measures tailored to the types of vessels and goods entering Australia through this port. The obligations imposed by this Determination include stringent biosecurity controls on vessels entering at the Port of Eden. It mandates that non-commercial vessels, including yachts, must enter via the Breakwater wharf in Snug Cove, which is specified as a biosecurity entry point (section 7). This requirement ensures that vessels are subject to necessary inspections and checks to prevent the introduction of harmful organisms or pests. Violators of the provisions outlined in this Determination may face significant penalties. Although the specific penalties are not detailed in the Determination itself, under the Biosecurity Act 2015, breaches can result in substantial fines and imprisonment. The seriousness of these potential consequences underscores the importance of compliance with the designated entry points and biosecurity measures. Non-compliance could lead to civil or criminal actions, further highlighting the critical role of adherence to the stipulated biosecurity protocols.

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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.