Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument determines that a specified landing place, being Brisbane West Wellcamp Airport, is a first point of entry for freighter aircraft and for goods carried on a freighter aircraft other than live horses for the purposes of section 223 of the Biosecurity Act 2015 (the Act), designates specified areas of the landing place as biosecurity entry points for the purposes of section 224 of the Act where required, and identifies the conditions that the determination are subject to in accordance with section 225 of the Act.
Administered by: Agriculture, Fisheries and Forestry
Registered 26 Feb 2020
Tabling HistoryDate
Tabled HR27-Feb-2020
Tabled Senate23-Mar-2020

Commonwealth Coat of Arms of Australia

 

Biosecurity (First Point of Entry—Brisbane West Wellcamp Airport) Determination 2020

I, Barbara Cooper, as delegate of the Director of Biosecurity, make the following determination.

Dated 24th of February 2020

Barbara Cooper

Assistant Secretary
Compliance Division
Department of Agriculture, Water and the Environment

 


Contents

Part 1—Preliminary                                                                                                     1

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

Part 2—First point of entry                                                                                         2

5  First point of entry—aircraft..................................................................................................... 2

6  First point of entry—goods...................................................................................................... 2

Part 3—Biosecurity entry points                                                                                 3

7  Biosecurity entry points—aircraft............................................................................................. 3

8  Biosecurity entry points—goods.............................................................................................. 3

Part 4—Conditions                                                                                                       4

9  Conditions—notifying Agriculture Department of changes..................................................... 4

 

 


Part 1Preliminary

1  Name

                   This is the Biosecurity (First Point of Entry—Brisbane West Wellcamp Airport) Determination 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

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 2First point of entry

5  First point of entry—aircraft

                   Brisbane West Wellcamp Airport is a first point of entry for freighter aircraft.

Note:          Brisbane West Wellcamp Airport is not a first point of entry for any other aircraft.

6  First point of entry—goods

                   Brisbane West Wellcamp Airport is a first point of entry for goods carried on a freighter aircraft other than live horses.

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 non‑prohibited goods) and any determinations made under those sections.

Part 3Biosecurity 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 Brisbane West Wellcamp Airport as a biosecurity entry point for aircraft.

8  Biosecurity entry points—goods

Note:       Goods must be brought to a biosecurity entry point at a first point of entry if there is a biosecurity entry point for the goods at that first point of entry (see section 147 of the Act). If there are no biosecurity entry points for goods at a first point of entry, this requirement does not apply to goods landing there. This determination does not designate any area of Brisbane West Wellcamp Airport as a biosecurity entry point for goods.

 

Part 4Conditions

9  Conditions—notifying Agriculture Department of changes

             (1)  The determination of Brisbane West Wellcamp 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 Brisbane West Wellcamp Airport becomes aware that there has been, or will be, a change to the business entity operating Brisbane West Wellcamp 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 Brisbane West Wellcamp Airport becomes aware that there has been, or will be, a change to the business entity operating Brisbane West Wellcamp 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 Brisbane West Wellcamp 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 Brisbane West Wellcamp Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Brisbane West Wellcamp Airport;

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

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

                     (d)  a change to the procedures at Brisbane West Wellcamp 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 Brisbane West Wellcamp Airport;

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