Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2022L01503 In force Legislative Instrument

Legislation content

Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022

made under subsection 223(1) of the

Biosecurity Act 2015

Compilation No. 2

Compilation date: 23 January 2026

Includes amendments: F2026L00036

About this compilation

This compilation

This is a compilation of the Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022 that shows the text of the law as amended and in force on 23 January 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—aircraft

6 First point of entry—goods

Part 3—Biosecurity entry points

7 Biosecurity entry points—aircraft

8 Biosecurity entry points—goods

Part 4—Conditions

9 Conditions—notifying Agriculture Department of changes

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—Sydney Kingsford Smith Airport) Determination 2022.

3  Authority

  This instrument is made under subsection 223(1) of the Biosecurity Act 2015.

4  Definitions

Note: A number of expressions used in this instrument are defined in section 9 of the Act.

  In this instrument:

Act means the Biosecurity Act 2015.

aircraft means an aircraft (as defined by section 9 of the Act) that is subject to biosecurity control.

goods means goods (as defined by section 19 of the Act):

 (a) that are subject to biosecurity control; or

 (b) in relation to which an exposed goods order is in force.

Part 2—First point of entry

5  First point of entry—aircraft

  Sydney Kingsford Smith Airport is a first point of entry for aircraft generally.

6  First point of entry—goods

  Sydney Kingsford Smith Airport is a first point of entry for all goods.

Note: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally nonprohibited goods) and any determinations made under those sections.

Part 3—Biosecurity entry points

7  Biosecurity entry points—aircraft

Note: An aircraft must be brought to a biosecurity entry point at a first point of entry if there is a biosecurity entry point for the aircraft at that first point of entry (see section 238 of the Act). If there are no biosecurity entry points for aircraft at a first point of entry, this requirement does not apply to aircraft landing there. This determination does not designate any area of Sydney Kingsford Smith Airport as a biosecurity entry point for aircraft.

8  Biosecurity entry points—goods

  Each area of Sydney Kingsford Smith Airport specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.

 

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

Baggage

The following areas:

(a) ExecuJet Terminal;

(c) Sydney Kingsford Smith Airport Terminal 1;

(d) T1 Livestock Transfer Facility

2

Live horses

T1 Livestock Transfer Facility

Note 1: If an aircraft has arrived at Sydney Kingsford Smith Airport and is carrying goods mentioned in the table that are to be unloaded from the aircraft, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).

Note 2: This determination does not designate biosecurity entry points for other goods for which Sydney Kingsford Smith Airport is a first point of entry, so the requirement in section 147 of the Act does not apply to the unloading of those other goods.

Part 4—Conditions

9  Conditions—notifying Agriculture Department of changes

 (1) The determination of Sydney Kingsford Smith Airport as a first point of entry by this instrument is subject to the conditions in this section.

 (2) If the owner (or, if there is more than one owner, an owner) of Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:

 (a) Sydney Kingsford Smith Airport; or

 (b) a biosecurity entry point at Sydney Kingsford Smith Airport;

the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.

 (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Sydney Kingsford Smith Airport becomes aware that there has been, or will be, a change to the business entity operating:

 (a) Sydney Kingsford Smith Airport; or

 (b) a biosecurity entry point at Sydney Kingsford Smith Airport;

the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.

 (4) If a person or body that is responsible for carrying out operations at Sydney Kingsford Smith Airport proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.

 (5) For the purposes of subsection (4), the changes are as follows:

 (a) a change to the procedures at Sydney Kingsford Smith Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport;

 (b) a change to the facilities or amenities available at Sydney Kingsford Smith Airport for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Sydney Kingsford Smith Airport;

 (c) a change to the procedures at Sydney Kingsford Smith Airport that may affect the ability of a person who carries out operations at Sydney Kingsford Smith Airport to identify biosecurity risks associated with those operations;

 (d) a change to the procedures at Sydney Kingsford Smith Airport that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Sydney Kingsford Smith Airport;

 (e) a change to the procedures at Sydney Kingsford Smith Airport for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Sydney Kingsford Smith Airport.

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022

24 Nov 2022 (F2022L01503)

1 Dec 2022 (s 2(1) item 1)

 

Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Amendment (2024 Measures No. 1) Determination 2024

14 Feb 2024 (F2024L00172)

15 Feb 2024 (s 2(1) item 1)

Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Amendment (2026 Measures No. 1) Determination 2026

22 Jan 2026 (F2026L00036)

23 Jan 2026 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

rep LA s 48D

s 4.....................

am F2024L00172

Part 2

 

s 6.....................

am F2024L00172

Part 3

 

s 8.....................

am F2024L00172; F2026L00036

 

 

Overview

The Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022 was enacted under subsection 223(1) of the Biosecurity Act 2015, aiming to address the need for specific biosecurity measures at Australia's primary international gateway, Sydney Kingsford Smith Airport. This legislative instrument was introduced to ensure that Sydney Kingsford Smith Airport is effectively designated as a first point of entry for both aircraft and goods, thereby reinforcing the biosecurity controls required to prevent the introduction and spread of pests and diseases. The policy objective of this Determination is to enhance Australia's biosecurity preparedness by specifying the airport as a crucial point for the implementation of stringent biosecurity protocols. The enacting body responsible for this Determination is the Australian Parliament, which has the authority to make such determinations under the Biosecurity Act 2015 to safeguard the nation's biosecurity interests.

Scope and Application

The Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022 designates Sydney Kingsford Smith Airport as a first point of entry for both aircraft and goods, subject to the provisions of the Biosecurity Act 2015. This determination applies to any aircraft and goods that are subject to biosecurity control, as defined in the Act. It mandates that certain goods, specifically baggage and live horses, must be brought to designated biosecurity entry points within the airport, such as the ExecuJet Terminal, Sydney Kingsford Smith Airport Terminal 1, and the T1 Livestock Transfer Facility. The operation of Sydney Kingsford Smith Airport as a first point of entry is contingent upon the owners, lessees, and any person or body responsible for airport operations notifying the Agriculture Department of any changes to the business entity operating the airport or its biosecurity entry points, as well as any changes to biosecurity measures, facilities, or procedures that may affect biosecurity risk management. The Determination does not designate any specific biosecurity entry points for aircraft at Sydney Kingsford Smith Airport. This legislative instrument is made under the Biosecurity Act 2015 and has been subject to amendments, including the Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Amendment Determinations in 2024 and 2026.

Key Provisions

The Biosecurity (First Point of Entry—Sydney Kingsford Smith Airport) Determination 2022, under section 223(1) of the Biosecurity Act 2015, designates Sydney Kingsford Smith Airport as the primary entry point for both aircraft and goods. Specifically, Section 5 identifies the airport as the initial point of entry for aircraft, while Section 6 extends this designation to all goods entering Australia. Although the determination does not designate any areas of the airport as biosecurity entry points for aircraft, it does specify certain areas for the entry of goods. These include the ExecuJet Terminal, Sydney Kingsford Smith Airport Terminal 1, and the T1 Livestock Transfer Facility for baggage, and the T1 Livestock Transfer Facility for live horses, as detailed in Section 8. The Act imposes various obligations on the parties and entities it governs. Owners, lessees, and operators of the airport, as well as any responsible bodies carrying out operations at the airport, must notify the Agriculture Department in writing if there are any changes to the business entity operating the airport or a biosecurity entry point. This notification must occur as soon as practicable after becoming aware of the change (Section 9(2) and (3)). Furthermore, any changes to the biosecurity procedures, facilities, or operations at the airport must also be communicated to the Agriculture Department, ensuring that the department is kept informed of any modifications that could impact biosecurity measures (Section 9(4) and (5)). Failure to comply with the obligations and requirements set forth in the Act can lead to various civil and criminal consequences. While the specific penalties for non-compliance are not detailed in the determination itself, breaches of the Biosecurity Act 2015 can result in substantial fines and, in some cases, imprisonment. The penalties vary depending on the nature and severity of the breach, with potential fines reaching up to $222,200 for individuals and $1,111,000 for bodies corporate, as stipulated in the principal Act. Additionally, the Act may provide for other enforcement actions, such as the issuance of infringement notices or court proceedings, to address non-compliance effectively.

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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.