Biosecurity (First Point of Entry—Port of Mackay) Determination 2019

Contents

1Name#

This is the Biosecurity (First Point of Entry—Port of Mackay) Determination 2019.

3Authority#

This instrument is made under subsection 229(1) of the Biosecurity Act 2015.

4Definitions#

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.

freight container means a re-usable container:

(a)that is designed to be used to transport goods by one or more modes of transport; and

(b)that can be transferred from one mode of transport to another without unloading the goods from the container; and

(c)that is known as a 20-foot-long container or a 40-foot-long container.

general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.

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.

inorganic bulk goods means chemicals, ores, minerals or gases that:

(a)are brought or imported into Australian territory in bulk; and

(b)do not contain animals, plants, organic compounds or microbes.

non-commercial vessel has the same meaning as in the Biosecurity Regulations 2026.

non-commercial vessel baggage means baggage carried on a non-commercial vessel.

non-commercial vessel waste means waste carried on a non-commercial vessel.

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

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

(a)that are subject to biosecurity control; and

(b)that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.

5First point of entry—vessels#

Port of Mackay is a first point of entry for vessels generally.

6First point of entry—goods#

Port of Mackay is a first point of entry for the following:

(a)baggage carried on a vessel other than a passenger vessel;

(b)freight containers;

(c)inorganic bulk goods;

(d)general goods;

(e)waste.

Note 1: Port of Mackay is not a first point of entry for any other goods.

Note 2: 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 non-prohibited goods) and any determinations made under those sections.

Part 3 · Biosecurity entry points

7Biosecurity entry points—vessels#

Each area of Port of Mackay specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.

Biosecurity entry points—vessels
Item	Column 1Vessels	Column 2Areas
1	Non-commercial vessels	Mackay Marina
2	Vessels other than non-commercial vessels	M1
3	Vessels other than the following:(a) non-commercial vessels;(b) passenger vessels	The following areas:(a) M3;(b) M4;(c) M5

Note: A vessel that has arrived at Port of Mackay must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).

8Biosecurity entry points—goods#

Each area of Port of Mackay 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 1Goods	Column 2Areas
1	All of the following:(a) baggage carried on a vessel other than a non-commercial vessel or passenger vessel;(b) freight containers;(c) inorganic bulk goods;(d) general goods;(e) waste	The following areas:(a) M1;(b) M3;(c) M4;(d) M5
2	All of the following:(a) non-commercial vessel baggage;(b) non-commercial vessel waste	Mackay Marina

Note: If a vessel has arrived at Port of Mackay and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).

Part 4 · Conditions

9Conditions—notifying Agriculture Department of changes#

(1)The determination of Port of Mackay 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 Port of Mackay becomes aware that there has been, or will be, a change to the business entity operating:

(a)Port of Mackay; or

(b)a biosecurity entry point at Port of Mackay;

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 Port of Mackay becomes aware that there has been, or will be, a change to the business entity operating:

(a)Port of Mackay; or

(b)a biosecurity entry point at Port of Mackay;

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 Port of Mackay 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 Port of Mackay providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Mackay;

(b)a change to the facilities or amenities available at Port of Mackay for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Mackay;

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

(d)a change to the procedures at Port of Mackay 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 Port of Mackay;

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

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.

ad = added or inserted	orig = original
am = amended	p = page(s)
amdt = amendment	para = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub-subparagraph(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 = Sub-Chapter(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

Name	Registration	Commencement	Application, saving and transitional provisions
Biosecurity (First Point of Entry—Port of Mackay) Determination 2019	2 Dec 2019 (F2019L01544)	16 Dec 2019 (s 2(1) item 1)
Biosecurity (Consequential Amendments No. 2) Instrument 2026	25 Sept 2026 (F2026L01301)	sch 1 (item 31): 1 Oct 2026 (s 2(1) item 1)	—

Provision affected	How affected
s 2.....................	rep LA s 48D
s 4.....................	am F2026L01301

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.