Biosecurity (First Point of Entry—Western Sydney International Airport) Determination 2026

EXPLANATORY STATEMENT

Issued by Authority of the Director of Biosecurity

Biosecurity Act 2015

Biosecurity (First Point of Entry—Western Sydney International Airport) 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—Western Sydney International Airport) Determination 2026 (the Determination) is made under subsection 223(1) of the Biosecurity Act.

Subsection 223(1) of the Biosecurity Act provides that the Director of Biosecurity or the Director of Human Biosecurity may determine that a specified landing place in Australian territory is a first point of entry for any of the following:

Subsection 223(2) of the Biosecurity Act provides that the Director of Biosecurity or the Director of Human Biosecurity may make a determination under subsection 223(1) in relation to a landing place only if the Director proposing to make the determination is satisfied that the requirements (if any) prescribed by the regulations in relation to the landing place are met and the level of biosecurity risk associated with operations carried out at the landing place is acceptable.

Section 56 of the Biosecurity Regulation 2016 (the Regulation) provides that for a landing place to be determined under section 223 there must be:

Section 224 of the Biosecurity Act provides that a determination under subsection 223(1) in relation to a landing place may designate a specified area of the landing place as a biosecurity entry point (BEP) for aircraft generally, or a specified class of aircraft, 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 225(1) of the Biosecurity Act provides that a determination under subsection 223(1) of the Biosecurity Act in relation to a landing place may be expressed to be subject to conditions specified in the determination. Subsection 225(2) of the Biosecurity Act provides that without limiting subsection 225(1), the conditions may relate to an owner or lessee of the landing place, a person or body that is responsible for carrying out operations at the landing place and/or the operations carried out at the landing place.

Purpose

The purpose of the Determination is to:

• determine that Western Sydney International Airport (the Airport) is a first point of entry for:
  • aircraft generally, that are subject to biosecurity control; and
  • goods, other than live horses, that are subject to biosecurity control or in relation to which an exposed goods order is in force; and
• designate Western Sydney International Terminal at the Airport as a biosecurity entry point for baggage that is subject to biosecurity control or in relation to which an exposed goods order is in force.

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 Airport or a biosecurity entry point, and certain changes to procedures, facilities or amenities at the Airport.

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 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 purpose of determining a landing place as a first point of entry is to ensure that overseas aircraft and any goods on board arrive in Australia at a place with appropriate facilities and procedures to effectively assess and manage biosecurity risk. Overseas aircraft and goods may pose a 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 Airport is acceptable, and the requirements of section 56 of the Regulation are met, in accordance with subsection 223(2) of the Biosecurity Act. The delegate also had regard to the objects of the Act as required by paragraph 541(4)(a) of the Biosecurity Act.

The First Point of Entry Biosecurity Standards (Standards), published by the department and made available on the department’s website, provide guidance to industry on meeting the requirements of section 56 of the Regulation and assist the department in assessing and ensuring compliance with the requirements of the Regulation. 

The operator of the Airport, Western Sydney Airport Corporation, provided evidence to the department which it used to assess the Airport for compliance with section 56 of the Regulation, including as guided by the department’s assessment of the Airport against the Standards.  The department assessed the biosecurity risk associated with the operations carried out at the Airport as acceptable. The department also assessed the Airport as having appropriate facilities, amenities and procedures in place to manage biosecurity risk (including human biosecurity risk) associated with operations at the Airport, including to facilitate the arrival of aircraft generally and any goods, other than live horses, arriving on those aircraft.

Impact and Effect

The Determination ensures that aircraft and goods that arrive in Australian territory from overseas land and are unloaded at a location with appropriate facilities and procedures to effectively assess and manage biosecurity risks. It does this by determining the Airport to be a first point of entry for aircraft generally and for goods other than live horses, designating a specified area in the Airport as a BEP for baggage, and imposing conditions relating to operations at the Airport.  

An aircraft that is subject to biosecurity control must not land at a landing place in Australian territory that is not determined under section 223 of the Biosecurity Act to be a first point of entry for that aircraft, or a class of aircraft that includes that aircraft, unless certain exceptions apply (see section 237 of the Biosecurity Act).  If a BEP has been designated for aircraft at the first point of entry, the aircraft must be brought to the BEP as soon as practicable (section 238 of the Biosecurity Act). The Determination does not designate any areas as BEPs for aircraft.

Any goods on the aircraft that are subject to biosecurity control, or that are subject to an exposed goods order, must not be unloaded from the aircraft at a landing place 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 BEP at the first point of entry for goods, or a class of goods, the goods must be brought to the BEP as soon as practicable unless a relevant direction or permission has been given (section 147 of the Biosecurity Act).

The Determination provides for aircraft that are subject to biosecurity control to land at the Airport. Baggage to be unloaded from the aircraft must be brought to the Western Sydney International Terminal as soon as practicable, as a designated BEP for baggage at the Airport.

The Determination is subject to the conditions specified in the Determination. The conditions require the owner, and lessee (if any), of the Airport to notify the department of certain changes relating to business entities operating at the Airport, and require operators to notify the department of certain changes to procedures, facilities or amenities at the Airport.

The Determination may be revoked or varied if a condition specified in the Determination has not been, or is not being, met (section 227 of the Biosecurity Act).

Consultation

In preparing the Determination, the department engaged with Western Sydney Airport Corporation, the operator of the Airport. The department also engaged with the Department of Home Affairs, including the Australian Border Force, during the design and construction of the Airport to ensure border agency requirements were met. These entities supported the making of the Determination.

The department also advised the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts of progress towards making the Determination, which that department supports.

The department conducted onsite visits, exchanged correspondence and undertook ongoing communication with the operator to confirm the nature of the operations at the Airport, and assess those operations in relation to biosecurity risk. The information gathered from these activities has informed the decision that the Airport be determined as a first point of entry for aircraft generally and goods other than live horses, and the designation of Western Sydney International Terminal as a BEP for baggage.

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 23 June 2026.

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 228(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 aircraft, 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 Airport as a first point of entry for aircraft generally and goods other than live horses, and the designation of an area of the Airport as a BEP for baggage, are 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. A lack of certainty could cause confusion and disruption, and potentially undermine Australia’s biosecurity framework. For example, neither aircraft travelling to the Airport nor biosecurity officials at the Airport could be certain of arrangements upon arrival 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—Western Sydney International Airport) Determination 2026

Part 1—Preliminary

Section 1 – Name

This section provides that the name of the instrument is the Biosecurity (First Point of Entry—Western Sydney International Airport) Determination 2026 (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 223(1) of the Biosecurity Act 2015 (the Biosecurity Act).

Section 4 – Definitions

This section defines certain terms used in the Determination.

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

The Determination defines ‘aircraft’ to mean an aircraft, as defined by section 9 of the Biosecurity Act, that is subject to biosecurity control.

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.  

The section includes a note that expressions in the Determination have the same meaning as in the Act (paragraph 13(1)(b) of the Legislation Act 2003). These include the expressions ‘Agriculture Department’, ‘exposed goods order’ and ‘baggage’.

Part 2—First point of entry

Section 5 – First point of entry—aircraft

Section 5 determines Western Sydney International Airport (the Airport) to be a first point of entry for aircraft generally.

Section 4 of the Determination defines ‘aircraft’ to mean an aircraft, as defined by section 9 of the Biosecurity Act, that is subject to biosecurity control.

An aircraft that is subject to biosecurity control must not land at a landing place in Australian territory that is not determined under section 223 of the Biosecurity Act to be a first point of entry for that aircraft, or a class of aircraft that includes that aircraft, unless certain exceptions apply (section 237 of the Biosecurity Act).

Section 6 – First point of entry—goods

Section 6 determines the Airport to be a first point of entry for goods, other than live horses.

Section 4 of 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. 

The Airport has been assessed as having appropriate facilities and amenities to manage the biosecurity risk associated with goods other than live horses.

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

The note to section 6 provides 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

Section 7 – Biosecurity entry points—aircraft

This section is included in the Determination as a placeholder in case, in future, an area of Western Sydney International Airport is to be designated as a biosecurity entry point (BEP) for aircraft or a class of aircraft, and so does not currently contain any substantive content.

The section includes a note that if a BEP has been designated for aircraft at a first point of entry, aircraft that have landed at a first point of entry must be brought to the biosecurity entry point as soon as practicable, in accordance with section 238 of the Biosecurity Act. The note states that no BEPs have been designated for aircraft for Western Sydney International Airport.

Section 8 – Biosecurity entry points—goods

Section 8 designates the area of the Airport known as Western Sydney International Terminal as a BEP for goods that are baggage.

The expression ‘baggage’ is defined in section 9 of the 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.

Section 4 of 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. 

‘Biosecurity entry point’ is defined in sections 9 and 13 of the Biosecurity Act for goods as, relevantly, an area of a landing place that is designated, under paragraph 224(b) of the Biosecurity Act, as a biosecurity entry point for those goods.

A BEP is a specified area within a first point of entry to which aircraft, or specified classes of aircraft, and goods, or specified classes of goods to be unloaded, must be taken as soon as practicable. Designating an area as a BEP for aircraft or goods is an optional tool that can be used to assist with the management of biosecurity risk by ensuring those aircraft and goods are brought to a specified place with the facilities to assess and, if necessary, treat biosecurity risk. BEPs may be used for a range of reasons, such as the size and location of the landing place or the types of biosecurity risk associated with the specified aircraft or goods.

Section 147 of the Biosecurity Act provides that, unless limited exceptions apply, where a BEP has been designated for goods, the person in charge of the aircraft must ensure that the goods that are to be unloaded from the aircraft are brought to a BEP for those goods as soon as practicable.

Western Sydney International Terminal has been assessed as having appropriate facilities, amenities and procedures to assess and, if necessary, treat biosecurity risk associated with baggage.

Note 1 to section 8 notes that if goods are to be unloaded from an aircraft that has landed at the Airport, and a BEP is designated for those goods, the goods must be brought to the BEP as soon as practicable, in accordance with section 147 of the Biosecurity Act.

Note 2 to section 8 notes that as there are no BEPs designated at the Airport for goods other than baggage, so section 147 does not apply to goods other than baggage.

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 the Airport, or by a person or body that is responsible for carrying out operations at the landing place.  

Subsection 9(1) provides that the Determination of the Airport 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 the Airport must notify the Agriculture Department of any change, or proposed change, to the business entity operating the Airport or a biosecurity entry point at the Airport. The notice must be given in writing as soon as practicable after the owner becomes aware that the change has occurred or will occur. If there is more than one owner, only one owner needs to notify the Agriculture Department of the change as soon as practicable once the owner becomes aware of the change or proposed change.

It is also a condition, as provided by subsection 9(3) of the Determination, that a lessee (if any) notify the Agriculture Department of any change, or proposed change, to the business entity operating the Airport or a biosecurity entry point at the Airport. The notice must be given in writing as soon as practicable after the lessee becomes aware that the change has occurred or will occur. If there is more than one lessee, only one lessee needs to notify the Agriculture Department of the change once the lessee becomes aware of the change or proposed change.

Subsection 9(4) also makes it a condition that the person or body responsible for carrying out operations at the Airport gives the Agriculture Department reasonable notice of certain changes the person or body proposes making at the Airport. As provided by subsection 9(5) of the Determination, the proposed changes of which notice must be given are:

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

The term ‘biosecurity risk’ is defined in section 9 of the Act to mean:

(a) the likelihood of a disease or pest:

(i)  entering Australian territory or a part of Australian territory; or 

(ii) establishing itself or spreading in Australian territory or a part of Australian territory; and

(b) the potential for any of the following:

(i)   the disease or pest to cause harm to human, animal or plant health;

(ii)  the disease or pest to cause harm to the environment;

(iii) economic consequences associated with the entry, establishment or spread of the disease or pest.

The term ‘biosecurity official’ is defined in section 9 of the Act to mean a biosecurity officer, a biosecurity enforcement officer and the Director of Biosecurity.

The conditions in section 9 are required so that the Agriculture Department is made aware of any changes or proposed changes to procedures, facilities and amenities at the Airport and can assess whether the changes impact, or would impact, the management of biosecurity risk at the Airport.