Biosecurity (First Point of Entry—Port of Sydney Bay (Kingston), Norfolk Island) Determination 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L01083 Not in force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Port of Sydney Bay (Kingston), Norfolk Island) Determination 2016

made under subsection 229(1) of the Biosecurity Act 2015 and subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015

Compilation No. 2

Compilation date: 15 June 2021

Includes amendments up to: F2021L00725

Registered: 17 June 2021

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry—Port of Sydney Bay (Kingston), Norfolk Island) Determination 2016 that shows the text of the law as amended and in force on 15 June 2021 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 4—Conditions

Part 5—Period of effect

7 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 Sydney Bay (Kingston), Norfolk Island) 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) goods;

(b) vessel.

  In this instrument:

containerised goods includes containers, and goods that arrive in containers.

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 Sydney Bay (Kingston), Norfolk Island is a first point of entry for vessels.

6  First point of entry—goods

  Port of Sydney Bay (Kingston), Norfolk Island is a first point of entry for goods, other than containerised goods and waste.

 

Part 3—Biosecurity entry points

Note: No areas of Port of Sydney Bay (Kingston), Norfolk Island are designated as biosecurity entry points.

Part 4—Conditions

 

Note: There are no specified conditions for Port of Sydney Bay (Kingston), Norfolk Island.

 

Part 5—Period of effect

7  Repeal of this instrument

  This instrument is repealed at the end of 15 March 2022.

 

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 Sydney Bay (Kingston), Norfolk Island) Determination 2016

27 June 2016 (F2016L01083)

1 July 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 25): 15 June 2019 (s 2(1) item 1)

—

Biosecurity (First Points of Entry Determinations) Amendment (Periods of Effect) Determination 2021

10 June 2021 (F2021L00725)

Sch 1 (item 7): 15 June 2021 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

Part 5

 

s 7.....................

rs F2019L00727; F2021L00725

 

 

Overview

The Biosecurity (First Point of Entry—Port of Sydney Bay (Kingston), Norfolk Island) Determination 2016 was enacted to address the need for specific biosecurity measures at designated first points of entry into Australia, particularly focusing on the Port of Sydney Bay (Kingston) on Norfolk Island. This legislative instrument was made under subsection 229(1) of the Biosecurity Act 2015 and is permitted by subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015. The primary objective of this determination is to establish the Port of Sydney Bay (Kingston) as a first point of entry for vessels and certain goods, thereby enhancing the biosecurity controls at this location to prevent the introduction and spread of pests and diseases. This legislation aims to protect Australia's biosecurity by ensuring that appropriate measures are in place at key entry points, thereby safeguarding the nation's agriculture, environment, and economy from potential threats.

Scope and Application

The Biosecurity (First Point of Entry—Port of Sydney Bay (Kingston), Norfolk Island) Determination 2016, made under subsection 229(1) of the Biosecurity Act 2015 and subitem 1(1) of Schedule 3 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015, designates the Port of Sydney Bay (Kingston) on Norfolk Island as the first point of entry for vessels and goods, excluding containerised goods and waste. This determination applies to vessels and goods subject to biosecurity control and those in relation to which an exposed goods order is in force. The application of the determination is confined to the geographic jurisdiction of Norfolk Island, a territory of Australia, and it is effective from 1 July 2016, with subsequent amendments extending its operational period until 15 June 2021, and further extending it to 15 March 2022, after which the instrument is repealed. The scope of the determination does not extend to designating any areas within the Port of Sydney Bay as biosecurity entry points, nor does it specify any particular conditions for the port. The determination's authority and definitions are sourced from the Biosecurity Act 2015, with additional definitions provided within the determination itself.

Key Provisions

The Biosecurity (First Point of Entry—Port of Sydney Bay (Kingston), Norfolk Island) Determination 2016 establishes specific biosecurity measures for the Port of Sydney Bay (Kingston) on Norfolk Island, designating it as a first point of entry for certain vessels and goods. According to section 5, the Port of Sydney Bay (Kingston) is designated as the first point of entry for vessels. Section 6 goes further to specify that this port also serves as the first point of entry for goods, excluding containerised goods and waste. Entities and parties governed by this Determination must adhere to the stipulations set forth, ensuring that vessels and specific categories of goods entering through the Port of Sydney Bay (Kingston) comply with biosecurity protocols. This includes adhering to any relevant biosecurity controls and ensuring that any biosecurity risks are managed effectively. The obligations imposed by the Determination are primarily centred around the proper management and control of biosecurity risks associated with the entry of vessels and goods into Norfolk Island. The Determination does not explicitly list offences or penalties for non-compliance; however, the broader Biosecurity Act 2015, under which this Determination is made, provides a framework for enforcement. Breaches of biosecurity laws, including those falling under the purview of this Determination, can result in substantial civil or criminal penalties. Under the Biosecurity Act 2015, individuals or entities found guilty of contravening the Act may face fines and, in severe cases, imprisonment. For corporations, the penalties can be particularly severe, with significant fines applicable depending on the nature and seriousness of the breach. The Act allows for enforcement actions to be taken to ensure compliance with biosecurity measures, highlighting the importance of adherence to the regulations set forth in this Determination.

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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.