EXPLANATORY STATEMENT
Issued by Authority of the Minister for Agriculture, Fisheries and Forestry
Biosecurity Act 2015
Biosecurity (First Point of Entry—Port of Sydney) Amendment (2026 Measures No. 1) Determination 2026
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 Sydney) Amendment (2026 Measures No.1) Determination 2026 (the Amendment Determination) is made under section 233 of the Biosecurity Act. The Amendment Determination makes amendments to the Biosecurity (First Point of Entry—Port of Sydney) Determination 2019 (the Port of Sydney Determination). The Port of Sydney Determination is made under subsection 229(1) of the Biosecurity Act.
Subsection 229(1) of the Biosecurity Act provides that the Director of Biosecurity may determine that a specified port in Australian territory is a first point of entry for any of the following:
vessels generally, or a specified class of vessels that are subject to biosecurity control;
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.
Section 233 of the Biosecurity Act provides that if a determination is made under subsection 229(1) in relation to a port, the Director who made the determination may vary or revoke the determination, or vary the conditions specified in the determination (including by imposing new conditions), if the Director is satisfied of any of the matters set out in paragraphs 233(a) to 233(e) of the Biosecurity Act.
Paragraph 233(e) of the Biosecurity Act provides that one of these matters is that a circumstance prescribed by the regulations has occurred. Paragraph 59(c) of the Biosecurity Regulation 2016 (the Regulation) provides that a circumstance in which the Director may vary a determination under section 229 of the Biosecurity Act, in relation to a port, is that the operator of the port has requested the variation or revocation of the determination, or the variation of the conditions in the determination. An operator at the Port of Sydney, Jones Bay Superyacht Marina, has requested a variation to the Port of Sydney Determination.
Purpose
The purpose of the Amendment Determination is to designate “Jones Bay Superyacht Marina” as a biosecurity entry point (BEP) for non-commercial vessels and for non-commercial vessel baggage and non-commercial vessel waste.
Background
The Department of Agriculture, Fisheries and Forestry (the department) administers the Biosecurity Act to manage biosecurity threats that may cause harm to human, animal or plant health or the environment. The Biosecurity 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 Port of Sydney Determination, which commenced on 16 December 2019, determined the Port of Sydney as a first point of entry for vessels generally and for all goods other than freight containers and live horses. The Director of Biosecurity was satisfied that the Port of Sydney met the requirements of subsection 229(2) of the Biosecurity Act. The Port of Sydney Determination also designated specified areas at the Port of Sydney as BEPs for specified classes of vessels and goods.
On 23 November 2022, Jones Bay Superyacht Marina, as an operator at the Port of Sydney, submitted a request to the department to vary the Port of Sydney Determination for the purposes of designating an additional BEP for non-commercial vessels, non-commercial vessel baggage and non-commercial vessel waste.
For the purposes of the Amendment Determination, the delegate of the Director of Biosecurity was satisfied that this request was a circumstance prescribed by the Regulation (see paragraph 59(c) of the Regulation). The delegate could, therefore, consider whether to vary the Port of Sydney Determination (see paragraph 233(e) of the Biosecurity Act).
The Port of Sydney has previously been assessed as having the required facilities to assess, and if necessary, treat biosecurity risks associated with vessels and goods, other than freight containers and live horses. In particular, it has been assessed by the department as having appropriate procedures in place for providing biosecurity measures, and as having adequate facilities and amenities available at the port for biosecurity and human biosecurity officers to perform functions or exercise powers under the Biosecurity Act.
The area of Port of Sydney known as “Jones Bay Superyacht Marina” has been assessed as a BEP suitable to receive non-commercial vessels, non-commercial baggage and non-commercial waste. Under the Port of Sydney Determination, “Jones Bay Superyacht Marina” has not previously been designated as a BEP for any kind of vessels or goods. The Amendment Determination has the effect of including “Jones Bay Superyacht Marina” as an additional BEP for non-commercial vessels, non-commercial vessel baggage and non-commercial vessel waste.
The Jones Bay Superyacht Marina, within the Port of Sydney, has been assessed as having the required facilities to inspect and, if necessary, treat biosecurity risks associated with non-commercial vessels, non-commercial vessel baggage and non-commercial vessel waste, commensurate with the operations at the BEP. The department has assessed Jones Bay Superyacht Marina as complying with the requirements in section 58 of the Regulation, as guided by the department’s assessment of the Marina against the First Point of Entry Biosecurity Standards (Ports), and assessed that the management of biosecurity risks at the Marina is acceptable. The Standards are prepared and published by the department and are available on the department’s website.
Impact and Effect
The Amendment Determination amends the Port of Sydney Determination to designate “Jones Bay Superyacht Marina” as a BEP for non-commercial vessels, non-commercial vessel baggage and non-commercial vessel waste.
The effect of the amendment is that non-commercial vessels arriving at the Port of Sydney, and non-commercial vessel baggage and non-commercial vessel waste to be unloaded from those vessels, must be brought to either Jones Bay Superyacht Marina, the Department of Home Affairs Jetty, Neutral Bay or the Sydney Superyacht Marina.
Consultation
In considering whether to make the Amendment Determination, the department engaged directly with the operator, Jones Bay Superyacht Marina at the Port of Sydney.
The department also advised the New South Wales Port Authority of the amendment to the Port of Sydney Determination to add Jones Bay Superyacht Marina as a BEP.
The department considered that further consultation was unnecessary because private stakeholders have sought to arrive at Jones Bay Superyacht Marina on several occasions but have been unable to without seeking departmental approval as it was not a BEP. Consequently, the department is aware of broad stakeholder support for the addition of Jones Bay Superyacht Marina as a BEP for non-commercial vessels (and associated baggage and waste), due to the limited number of available BEPs for these types of vessels within the Port of Sydney.
The Department of Health, Disability and Ageing has also been consulted in relation to the Amendment Determination and provided a letter of endorsement on 12 February 2026.
Details / Operation
The Amendment Determination commences on the day after the instrument is registered on the Federal Register of Legislation.
Details of the Amendment Determination are set out in the Attachment.
Other
The Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act), but under paragraph 234(b) of the Biosecurity Act, section 42 (disallowance) of the Legislation Act does not apply to the Amendment Determination.
The exemption from disallowance for the instrument is set out in primary legislation. The justification for the instrument being exempt includes that the Amendment Determination, by varying the Port of Sydney 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.
Varying the Port of Sydney Determination to designate Jones Bay Superyacht Marina as a BEP for non-commercial vessels, non-commercial vessel baggage and non-commercial vessel waste is based on a technical and scientific decision that the requirements in relation to the designation of the BEP have been met, and that the level of biosecurity risk associated with operations carried out at the BEP is acceptable. It is critical to the management of biosecurity risks that such a technical and scientific decision is implemented effectively.
It is also critical that stakeholders who make decisions in reliance on the Port of Sydney Determination (and the Amendment Determination) have certainty as to first point of entry arrangements, including arrangements in relation to BEPs. A lack of certainty could cause confusion and disruption, and potentially undermine Australia’s biosecurity framework. For example, neither vessels travelling to Port of Sydney nor biosecurity officials at that port could be certain of arrangements upon arrival in relation to the BEPs until after the expiry of a disallowance period. Certainty around the ability for non-commercial vessels and non-commercial baggage and waste to arrive at the Jones Bay Superyacht Marina is necessary for the operation of the relevant business.
A statement of compatibility with human rights, prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required, as subsection 9(1) of that Act and paragraph 15J(2)(f) of the Legislation Act only require a statement of compatibility of human rights to be prepared for disallowable legislative instruments.
ATTACHMENT
Details of the Biosecurity (First Point of Entry—Port of Sydney) Amendment (2026 Measures No. 1) Determination 2026
Section 1 – Name
This section provides that the name of the instrument is the Biosecurity (First Point of Entry—Port of Sydney) Amendment (2026 Measures No. 1) Determination 2026 (the Amendment Determination).
Section 2 – Commencement
Subsection 2(1) provides for the Amendment Determination to commence on the day after it is registered.
The note below the table provides that the table relates only to the provisions of the Amendment Determination as originally made. The table will not be amended to deal with later amendments of the Amendment 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 Amendment Determination is made under section 233 of the Biosecurity Act 2015 (the Biosecurity Act).
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
Part 1 – Amendments
Biosecurity (First Point of Entry—Port of Sydney) Determination 2019
Item [1] – Section 7 (at the end of the cell at table item 1, column 2)
Item 1 adds a new paragraph (c) to column 2 of table item 1 under section 7 of the Biosecurity (First Point of Entry—Port of Sydney) Determination 2019 (the Port of Sydney Determination). New paragraph (c) designates ‘Jones Bay Superyacht Marina’ as a biosecurity entry point for non-commercial vessels.
The term non‑commercial vessel is defined in section 4 of the Port of Sydney Determination to have the same meaning as in the Biosecurity Regulation 2016. In the Regulation, the term is defined 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 effect of this amendment is that non-commercial vessels arriving at the Port of Sydney are able to be brought to Jones Bay Superyacht Marina, in addition to the Department of Home Affairs Jetty, Neutral Bay and Sydney Superyacht Marina.
The effect of section 246 of the Biosecurity Act is that, unless limited exceptions apply, where a biosecurity entry point has been designated for a class of vessels, the person in charge of the vessel arriving at a first point of entry (in this case, the Port of Sydney) must ensure that the vessel is brought to a biosecurity entry point designated for that class of vessel as soon as practicable. As a result, non-commercial vessels arriving at the Port of Sydney must be brought to either Jones Bay Superyacht Marina, the Department of Home Affairs Jetty, Neutral Bay or the Sydney Superyacht Marina.
Item [2] – Section 8 (at the end of the cell at table item 1, column 2)
Item 2 adds new paragraph (c) to column 2 of table item 1 under section 8 of the Port of Sydney Determination. New paragraph (c) designates ‘Jones Bay Superyacht Marina’ as a biosecurity entry point for non-commercial vessel baggage and non-commercial vessel waste.
The term non‑commercial vessel baggage is defined in section 4 of the Port of Sydney Determination to mean baggage carried on a non‑commercial vessel.
The term non-commercial vessel waste is defined in the section 4 of the Port of Sydney Determination to mean waste carried on a non-commercial vessel.
The effect of this amendment is that Jones Bay Superyacht Marina is designated as a biosecurity entry point for non-commercial vessel baggage and non-commercial vessel waste, in addition to the Department of Home Affairs Jetty, Neutral Bay and Sydney Superyacht Marina.
The effect of section 147 of the Biosecurity Act is that, unless limited exceptions apply, where a biosecurity entry point has been designated for a class of goods, the person in charge of the vessel arriving at a first point of entry (in this case, the Port of Sydney) must ensure that the goods that are to be unloaded from the vessel are brought to the biosecurity entry point for those goods as soon as practicable. As a result of this amendment, both non-commercial vessel baggage and non-commercial vessel waste arriving at the Port of Sydney must be brought to either Jones Bay Superyacht Marina, the Department of Home Affairs Jetty, Neutral Bay or Sydney Superyacht Marina.