Biosecurity (First Point of Entry—Port of Point Wilson) Determination 2025

EXPLANATORY STATEMENT

Issued by Authority of the Director of Biosecurity

Biosecurity Act 2015

Biosecurity (First Point of Entry—Port of Point Wilson) Determination 2025

Legislative Authority

The Biosecurity Act 2015 (the Biosecurity Act) provides the regulatory framework for the management of diseases and pests that may cause harm to human, animal or plant health or the environment.

The Biosecurity (First Point of Entry—Port of Point Wilson) Determination 2025 (the Determination) is made under subsection 229(1) of the Biosecurity Act.

Subsection 229(1) of the Biosecurity Act provides that the Director of Biosecurity or the Director of Human Biosecurity may determine that a specified port in Australian territory is a first point of entry for any of the following:

Subsection 229(2) of the Biosecurity Act provides that the Director of Biosecurity or the Director of Human Biosecurity may make a determination under subsection 229(1) in relation to a port only if the Director proposing to make the determination is satisfied that the requirements (if any) prescribed by the regulations in relation to the port are met and the level of biosecurity risk associated with operations carried out at the port is acceptable.

Section 58 of the Biosecurity Regulation 2016 (the Regulation) provides that for a port to be determined under section 229 there must be:

Section 230 of the Biosecurity Act provides that a determination under subsection 229(1) in relation to a port may designate a specified area of the port as a biosecurity entry point for vessels generally, or a specified class of vessels, that are subject to biosecurity control, and/or specified goods, or a specified class of goods, that are subject to biosecurity control or in relation to which an exposed goods order is in force.

Subsection 231(1) of the Biosecurity Act provides that a determination under subsection 229(1) of the Biosecurity Act in relation to a port may be expressed to be subject to conditions specified in the determination. Subsection 231(2) of the Biosecurity Act provides that without limiting subsection 231(1), the conditions may relate to an owner or lessee of the port, a person or body that is responsible for carrying out operations at the port and/or the operations carried out at the port.

Purpose

The purpose of the Determination is to:

• determine that the Port of Point Wilson (the Port) is a first point of entry for:
  • vessels subject to biosecurity control, other than non-commercial vessels and passenger vessels;
  • baggage carried on vessel other than a non-commercial vessel or a passenger vessel, freight containers and waste that are subject to biosecurity control or in relation to which an exposed goods order is in force; and
• designate Point Wilson Wharf as a biosecurity entry point for the vessels, baggage, freight containers and waste described above.

The Determination also specifies conditions to which the Determination is subject. The conditions relate to notifying the Department of Agriculture, Fisheries and Forestry (the department) of certain changes relating to the business entity operating the Port or biosecurity entry point, and certain changes to procedures at the Port.

Background

The department administers the Biosecurity Act to manage biosecurity threats that may cause harm to human, animal or plant health or the environment. The Act provides the Commonwealth with powers to assess and manage biosecurity risk, among other things. ‘Biosecurity risk’ is defined in section 9 of the Biosecurity Act.

The purpose of determining a port as a first point of entry is to ensure that overseas vessels and any goods on board arrive in Australia at a place with appropriate facilities and procedures to effectively assess and manage biosecurity risk. Overseas vessels and goods may pose an unacceptable level of biosecurity risk that, if not assessed and managed appropriately, may result in foreign pests and diseases establishing or spreading and negatively impacting Australia’s human, plant and animal health, the environment and the economy.

For the purposes of making the Determination, the delegate of the Director of Biosecurity was satisfied that the level of biosecurity risk associated with operations carried out at the Port is acceptable, and the requirements of section 58 of the Regulation are met, in accordance with subsection 229(2) of the Act. 

The First Point of Entry Biosecurity Standards (Standards), published online by the department, provide guidance on the requirements of section 58 of the Regulation to industry and assist the department in assessing and ensuring compliance with the requirements of the Regulation.

The owner and operator of the Port both provided evidence to the department for the purpose of assessing alignment with the Standards which contributes to compliance with the requirements of section 58 of the Regulation. The department assessed the Port as having appropriate facilities, amenities and procedures in place to manage biosecurity risk associated with operations at the Port, including to facilitate the arrival of vessels and containerised goods and the management of biosecurity waste.

Impact and Effect

The Determination ensures that vessels and goods that arrive in Australian territory from overseas are moored and unloaded at a location with appropriate facilities and procedures to effectively assess and manage biosecurity risks. It does this by determining the Port to be a first point of entry for certain vessels and goods, designating Port Wilson Wharf as a biosecurity entry point for such vessels and goods, and imposing conditions related to the operations at the Port.  

A vessel that is subject to biosecurity control must not be moored at a port in Australian territory that is not determined under section 229 of the Act to be a first point of entry for that vessel, or a class of vessels that includes that vessel, unless certain exceptions apply (section 245 of the Biosecurity Act).  If a biosecurity entry point has been designated for the first point of entry, the vessel must be brought to the biosecurity entry point as soon as practicable (section 246 of the Biosecurity Act).

Any goods on the vessel that are subject to biosecurity control, or that are subject to an exposed goods order, must not be unloaded from the vessel at a port other than a first point of entry for the goods, unless permission has been given (section 145 of the Biosecurity Act).

If there is a biosecurity entry point at the first point of entry for those goods, the goods must be brought to the biosecurity entry point as soon as practicable unless a relevant direction or permission has been given (section 147 of the Biosecurity Act).

The Determination provides for vessels that are subject to biosecurity control (other than non-commercial or passenger vessels) to be moored at the Port. The vessel must be brought to Point Wilson Wharf as soon as practicable, as the designated biosecurity entry point for the Port. The Determination also provides for certain freight containers, baggage and waste to be unloaded at the Port. The freight containers, baggage and waste must be brought to the Point Wilson Wharf as soon as practicable, as the designated biosecurity entry point for the Port.

The Determination is subject to the conditions specified in the Determination. The conditions relate to notifying the department of certain changes at the Port.

The Determination may be revoked or varied if a condition specified in the Determination has not been, or is not being, met (section 233 of the Biosecurity Act).

Consultation

In preparing the Determination, the department engaged with both the owner and operator of the Port. The Port is owned by the Commonwealth of Australia, represented by the Department of Defence.

The department conducted onsite visits, exchanged correspondence and undertook ongoing communication with both the owner and the operator to confirm the nature of the operations at the Port, and to assess those operations against biosecurity requirements. The information gathered from these activities has informed the decision that the Port be determined as a first point of entry for specified vessels and goods.

The Department of Health, Disability and Ageing was also consulted in relation to the Determination. A delegate of the Director of Human Biosecurity provided a letter of endorsement on 2 December 2025.

Details / Operation

The Determination commences on the day after the instrument is registered on the Federal Register of Legislation.

Details of the Determination are set out in the Attachment.

Other

The Determination is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act), but under paragraph 234(a) of the Biosecurity Act, section 42 (disallowance) of the Legislation Act does not apply to the Determination.

The exemption from disallowance for the instrument is set out in primary legislation. The justification for the instrument being exempt includes that the Determination implements technically and scientifically based decisions to manage biosecurity risks arising from vessels, and the goods they carry, arriving in Australian territory from overseas, and thereby enables the government to uphold the objectives of the biosecurity framework.

The determination of the Port as a first point of entry for certain vessels and goods and the designation of Point Wilson Wharf as a biosecurity entry point for those vessels and goods is based on a technical and scientific decision in relation to the management of biosecurity risk. It is critical that the determination is implemented so that biosecurity risk is managed to an acceptable level.

It is also critical that stakeholders who make decisions in reliance on the Determination have certainty as to first point of entry arrangements, including arrangements in relation to biosecurity entry points. A lack of certainty could cause confusion and disruption, and potentially undermine Australia’s biosecurity framework. For example, neither vessels travelling to the Port nor biosecurity officials at the Port could be certain of arrangements upon arrival in relation to biosecurity entry points until after the expiry of a disallowance period if the Determination were disallowable.

A statement of compatibility with human rights is not required to be prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as the Determination is not disallowable. Paragraph 15J(2)(f) of the Legislation Act does not require a statement of compatibility with human rights to be included in this explanatory statement for the same reason.

ATTACHMENT

Details of the Biosecurity (First Point of Entry—Port of Point Wilson) Determination 2025

Part 1—Preliminary

Section 1 – Name

This section provides that the name of the instrument is the Biosecurity (First Point of Entry—Port of Point Wilson) Determination 2025 (the Determination).

Section 2 – Commencement

Subsection 2(1) provides for the Determination to commence on the day after it is registered on the Federal Register of Legislation.

The note below the table provides that the table relates only to the provisions of the Determination as originally made. The table will not be amended to deal with later amendments of the Determination. The purpose of this note is to clarify that the commencement of any subsequent amendments will not be reflected in this table.

Subsection 2(2) provides that any information in column 3 of the table is not part of the instrument. Information may be inserted in that column, or information in it may be edited, in any published version of the instrument.

Section 3 – Authority

This section provides that the Determination is made under subsection 229(1) of the Biosecurity Act 2015 (the Biosecurity Act).

Section 4 – Definitions

This section defines certain terms used in the Determination.

Expressions in the Determination have the same meaning as in the Act (paragraph 13(1)(b) of the Legislation Act 2003). Section 4 notes that certain expressions used in the Determination have the meaning given by section 9 of the Biosecurity Act, for example, ‘Agriculture Department’, ‘exposed goods order’, ‘passenger vessel’ and ‘subject to biosecurity control’.

The Determination defines ‘Act’ to mean the Biosecurity Act 2015.

The Determination defines ‘freight container’ as an enclosed 6-sided re‑usable container designed to be used to transport goods by one or more modes of transport, that can be transferred from one mode of transport to another without unloading the goods from the container, and that is known as a 20‑foot‑long container or a 40‑foot‑long container.

The Determination defines ‘goods’ to mean goods as defined by section 19 of the Biosecurity Act that are either subject to biosecurity control or subject to an exposed goods order.  

‘Non‑commercial vessel’ is defined to have the same meaning as in the Biosecurity Regulation 2016 (the Regulation).  At the time of commencement of the Determination, the Regulation defined ‘non-commercial vessel’ to mean a vessel that is used, or is intended to be used, wholly for recreational purposes (whether or not crew are employed on the vessel).

The Determination defines ‘vessel’ as a vessel as defined by section 9 of the Biosecurity Act that is subject to biosecurity control.

The expression ‘waste’ is defined as goods (as defined in section 4 of the Determination) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.

Part 2—First point of entry

Section 5 – First point of entry—vessels

Section 5 determines the Port of Point Wilson to be a first point of entry for vessels other than non‑commercial vessels and passenger vessels.

A ‘passenger vessel’ is defined in section 9 of the Biosecurity Act to mean a vessel that has the capacity to carry 12 or more passengers.

Section 6 – First point of entry—goods

Section 6 determines the Port of Point Wilson to be a first point of entry for goods that are baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel, freight containers or waste. The term ‘baggage’ is defined at section 9 of the Biosecurity Act.

The Port of Point Wilson has appropriate facilities and amenities for the classes of goods for which the port is determined a first point of entry.

The notes to section 6 note that the Port of Point Wilson is not a first point of entry for any other goods, and that sections 173 and 174 of the Biosecurity Act, and any determinations made under those sections, may also make provision in relation to first points of entry for goods.

Part 3—Biosecurity entry points

A biosecurity entry point is a specified area within a first point of entry, where vessels or goods to which the biosecurity entry point relates must enter as soon as practicable. This is an optional tool that can be used to assist with the management of biosecurity risk by ensuring vessels and goods are brought to a specified place with the facilities to assess and, if necessary, treat biosecurity risk. They may be used for a range of reasons, such as the size and location of the port or the types of biosecurity risk associated with the vessels or goods.

For example, a Director may determine under section 299 of the Biosecurity Act that a port is to be a first point of entry that can accept freight containers but may also determine that the biosecurity risk associated with freight containers needs to be managed at a specific location within the port, such as a location with a certified container stand. Section 230 of the Biosecurity Act enables the Director to designate the location to be a biosecurity entry point for freight containers.

Section 147 of the Biosecurity Act provides that, unless limited exceptions apply, where a biosecurity entry point has been designated for goods, the person in charge of the vessel must ensure that the goods that are to be unloaded from the vessels are brought to the biosecurity entry point for those goods as soon as practicable. Section 246 of the Biosecurity Act provides that where a biosecurity entry point has been designated for vessels at a first point of entry, the relevant vessels must be brought to that biosecurity entry point as soon as practicable. Sections 147 and 246 make it an offence or civil penalty to not comply with the requirements of those sections.  

Section 7 – Biosecurity entry points—vessels

Section 7 designates Point Wilson Wharf as a biosecurity entry point for vessels other than non‑commercial vessels and passenger vessels.

Point Wilson Wharf, as the biosecurity entry point, has the appropriate facilities and amenities required to deal with the relevant class of vessels for which it is designated.

A note to section 7 notes that a vessel that has arrived at the Port of Point Wilson must be brought to Point Wilson Wharf as soon as practicable, in accordance with section 246 of the Biosecurity Act.

 Section 8 – Biosecurity entry points—goods

Section 8 designates Point Wilson Wharf as a biosecurity entry point for goods that are baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel, freight containers or waste. The expression ‘baggage’ is defined in section 9 of the Biosecurity Act to mean goods that are carried on a conveyance by or for a person who is on board the conveyance (including the person in charge and members of the crew of the conveyance) or that a person intended to be so carried.

Point Wilson Wharf, as the biosecurity entry point, has the appropriate facilities and amenities required to deal with the relevant classes of goods for which it is designated.

A note to section 8 notes that goods to be unloaded from a vessel that has arrived at Port of Point Wilson must be brought to Point Wilson Wharf as soon as practicable, in accordance with section 147 of the Biosecurity Act.

Part 4—Conditions

Section 9 – Conditions—notifying Agriculture Department of changes

Section 9 specifies conditions relating to notifying the department of certain changes. These conditions must be met by the owners or lessees of Port of Point Wilson, or by a person or body that is responsible for carrying out operations at the Port.  

Subsection 9(1) provides that the determination of Port of Point Wilson as a first point of entry is subject to the conditions in section 9.

Subsection 9(2) provides that the owner (or, if there is more than one owner, an owner) of Port of Point Wilson must notify the department of any change, or proposed change, to the business entity operating the Port or a biosecurity entry point at the Port. The notice must be given in writing in soon as practicable after the owner becomes aware that the change has occurred or will occur. If there is more than one owner, the notice can be given by any of the owners once one of the owners becomes aware of the change or proposed change.

It is also a condition that a lessee (if any) notify the department of any change, or proposed change, to the business entity operating the Port or a biosecurity entry point at the Port. The notice must be given in writing in soon as practicable after the lessee becomes aware that the change has occurred or will occur. If there is more than one lessee, the notice can be given by any of the lessees once one of the lessees becomes aware of the change or proposed change.

Section 9 also makes it a condition that the person or body responsible for carrying out operations at Port of Point Wilson notify the department of certain proposed changes at the Port. The notice must be given in writing with reasonable notice of the proposed changes.

The proposed changes which must be notified relate to the following:

• procedures for taking biosecurity measures;
• facilities and amenities for biosecurity officials and human biosecurity officials to perform their functions and exercise powers;
• procedures that may affect the ability to identify biosecurity risks or inform officials of any biosecurity risks;
• procedures for managing any other factors that may contribute to, or affect, the level of biosecurity risk.

The conditions in section 9 are required so that the department can assess whether the changes to operations impact the Port’s compliance with the requirements to be a first point of entry and to ensure that any biosecurity risks can continue to be managed appropriately.