Biosecurity regulations: Circumstances for variation and revocation of
First Point of Entry determinations in relation to ports
Name of Regulation:
Circumstances for variation and revocation of First Point of Entry determinations in relation to ports
Section of Act: 233 (e)
Short description of Regulation:
This Regulation outlines the circumstances which may lead to variation or revocation of a First Point
Determination. The First Point Determination is the legislative instrument which gives effect to the
approval for a port to receive arriving international aircraft and goods. The Determination is made
based on the First Point meeting certain requirements in the Regulations which aid in the
management of biosecurity risks associated with their operations.
The circumstances listed in this Regulation which could result in the variation or revocation of a First
Point Determination are in addition to those included within the Biosecurity Act 2015 (Biosecurity
Act) (Section 223).
Who is impacted?
The main impact of this Regulation will be on international port operators, and other businesses
that operate within the boundaries of a First Point of Entry. These parties will be responsible for
maintaining compliance with the requirements and conditions on a First Point Determination.
Operations at the First Point may be affected if the Determination is varied or revoked.
There will be a secondary impact on clients/shipping lines wishing to moor at a port in Australia.
They will be limited to mooring at a port which has been approved as a First Point of Entry for the
specified type of vessel or goods. Variation to the permissions or conditions on a First Point
Determination may impact on whether particular vessels or goods can moor at the First Point.
Revocation of the Determination would mean that international arrivals could no longer be
facilitated and the vessel/goods would need to arrive at an alternate location.
There will be a secondary impact on importers wishing to bring goods into Australia by sea, which
will only be possible if the relevant port is a First Point of Entry, and has met any criteria relevant to
the arrival of the specified class of goods. Any variation to the conditions or approvals on the
Determination may impact on whether the specified class of goods can still arrive at the First Point.
Revocation of the Determination would mean that international vessels and goods would need to
arrive at an alternate location.
Context statement:
All international vessels will be required to moor at a First Point of Entry, unless permission has been
granted to moor elsewhere. A First Point of Entry is a port that has been approved by the
Department of Agriculture and Water Resources to receive international vessels and goods.
Under the Biosecurity Act the legislative instrument used to recognise approved ports will change.
Approvals will be reflected in legislation as First Point Determinations, rather than a Proclamation.
Determinations will be made by the Director of Biosecurity in consultation with the Director of
Human Biosecurity. Each First Point of Entry will have its own Determination.
To become a First Point of Entry, a port must meet minimum requirements which address the
biosecurity risks associated with international movements at the port. If the requirements are met,
and the biosecurity risk is considered acceptable, the Director of Biosecurity may make a First Point
Determination. The approval may be for the arrival of specified classes of vessels or goods, and there
may be conditions attached to the Determination.
To maintain its approval, a First Point must continue to meet the prescribed requirements and any
conditions on the Determination. Any change, including circumstances outlined in this Regulation or
in Section 233 of the Biosecurity Act, may result in variation or revocation of the Determination of
that port.
Commencement of the Biosecurity Act:
The Biosecurity Act will commence on 16 June 2016, 12 months after Royal Assent, replacing the
Quarantine Act 1908.
Until commencement of the Biosecurity Act, the Quarantine Act 1908 remains the primary piece of
biosecurity legislation in Australia.