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

Administered by Department of Agriculture

Legislation au F2016L00905 Not in force Legislative Instrument

Legislation content

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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 Geelong) 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:

(a) animal;

(b) goods;

(c) 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.

vessels means vessels that are subject to biosecurity control.

 

Part 2—First point of entry

  5  First point of entry—vessels

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

6  First point of entry—goods

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

 

Part 3—Biosecurity entry points

 

7  Biosecurity entry points—vessels 

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

8  Biosecurity entry points—goods

  An area of Port of Geelong 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

Item

Column 1

Goods

Column 2

Area

1

Containers

 Corio Quay

 

 

Part 4—Conditions

 

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

 

Part 5—Period of effect

9  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 Geelong) Determination 2016

31 May 2016 (F2016L00905)

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 22): 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 9.....................

rs F2019L00727

 

 

Overview

The Biosecurity (First Point of Entry—Port of Geelong) Determination 2016, made under subsection 229(1) of the Biosecurity Act 2015, designates the Port of Geelong as a first point of entry for vessels and goods, excluding animals. This legislative instrument aims to enhance Australia's biosecurity measures by specifying entry points where stringent biosecurity controls are applied to prevent the introduction and spread of pests and diseases. The determination is issued by the relevant authority under the Biosecurity Act 2015, ensuring compliance with Australia's biosecurity regulations. The Port of Geelong is recognised as a critical entry point for vessels and goods, necessitating specific biosecurity controls to safeguard the nation's agricultural and environmental health. The Determination also outlines that while there are no specified biosecurity entry points for vessels within the Port of Geelong, certain areas are designated as biosecurity entry points for goods. These measures are designed to mitigate the risk of biosecurity threats entering the country through maritime trade. The determination will be repealed at the end of 15 December 2019, highlighting the temporary nature of such biosecurity measures which may be subject to review and amendment based on evolving biosecurity risks and trade patterns.

Scope and Application

The Biosecurity (First Point of Entry—Port of Geelong) Determination 2016, made under subsection 229(1) of the Biosecurity Act 2015, designates the Port of Geelong as a first point of entry for vessels and goods, excluding animals, subject to biosecurity control. This instrument delineates the geographic scope of the determination, applying to the Port of Geelong within the Commonwealth of Australia, and sets the period of effect for the determination, which is repealed at the end of 15 December 2019. While the Port of Geelong is recognised as a first point of entry, there are no specified biosecurity entry points for vessels within the port. However, for goods, specific areas within Port of Geelong, as listed in the determination, are designated as biosecurity entry points. The determination also notes that there are no conditions specified for the Port of Geelong in this context. This legislative instrument is subject to modifications through subordinate instruments, which may further define or amend the scope and application of the determination. Additionally, while the determination itself does not specify conditions or biosecurity entry points for vessels, it provides a framework within which such details could be established through further legislative or regulatory action. The definitions used in this instrument, such as "container," "goods," and "vessel," align with those provided in the Biosecurity Act 2015, ensuring consistency in the interpretation and application of the legislation.

Key Provisions

The Biosecurity (First Point of Entry—Port of Geelong) Determination 2016 (sections 5 and 6) designates the Port of Geelong as the first point of entry for vessels and for goods, excluding animals. This designation means that all vessels and goods, with the exception of animals, arriving at the Port of Geelong are subject to biosecurity controls as they enter Australia. This is an important measure to prevent the introduction and spread of pests and diseases that could harm Australia's environment and agriculture. The designated areas for biosecurity entry points for goods are also specified in section 8, with Corio Quay listed as the entry point for containers. Under the Act, the parties or entities governed by this determination, such as importers, exporters, and port authorities, have several obligations. These include ensuring that all vessels and goods entering through the Port of Geelong comply with the biosecurity measures stipulated in the Biosecurity Act 2015. This may involve submitting necessary documentation, undergoing inspections, and adhering to any conditions or requirements set by biosecurity officers. The entities must also facilitate the smooth flow of legitimate trade while preventing the entry of harmful organisms. Failure to comply with the provisions of this determination may result in significant consequences. The Biosecurity Act 2015 outlines various offences related to non-compliance with biosecurity measures, including the unauthorised entry of goods and vessels. Penalties for breaching these provisions can be severe. For example, individuals may face fines of up to $1.1 million, while corporations may incur penalties of up to $5.5 million. In more serious cases, criminal charges may be pursued, leading to imprisonment. Additionally, the determination itself is set to be repealed on 15 December 2019, as stated in section 9, which means that any actions or obligations under this determination must be completed before this date.

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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.