Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This instrument determines that a specified landing place, being Alice Springs Airport, is a first point of entry for aircraft generally and for crew baggage for the purposes of section 223 of the Biosecurity Act 2015 (the Act), designates specified areas of Alice Springs Airport as biosecurity entry points for the purposes of section 224 of the Act where required, and identifies the conditions that the determination is subject to in accordance with section 225 of the Act.
Administered by: Agriculture, Water and the Environment
Registered 10 Jun 2021
Tabling HistoryDate
Tabled HR15-Jun-2021
Tabled Senate15-Jun-2021

Commonwealth Coat of Arms of Australia

 

Biosecurity (First Point of Entry—Alice Springs Airport) Determination 2021

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

Dated               8 June              2021

Barbara Cooper

Assistant Secretary
Biosecurity Operations 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 instrument is the Biosecurity (First Point of Entry—Alice Springs Airport) Determination 2021.

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

16 June 2021.

16 June 2021

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

                   Alice Springs Airport is a first point of entry for aircraft generally.

6  First point of entry—goods

                   Alice Springs Airport is a first point of entry for crew baggage.

Note 1:       Alice Springs Airport 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 3Biosecurity entry points

7  Biosecurity entry points—aircraft

Each area of Alice Springs Airport specified in column 2 of an item of the following table is designated as a biosecurity entry point for an aircraft, or an aircraft included in a class of aircraft, specified in column 1 of the item.

 

Biosecurity entry points—aircraft

Item

Column 1

Aircraft

Column 2

Areas

1

All aircraft

Asia Pacific Aircraft Storage

Note:          An aircraft that has arrived at Alice Springs Airport must be brought to a biosecurity entry point for the aircraft at that landing place as soon as practicable (see section 238 of the Act).

8  Biosecurity entry points—goods

                   Each area of Alice Springs 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

Crew baggage

Asia Pacific Aircraft Storage

Note:          If an aircraft has arrived at Alice Springs Airport and is carrying goods 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).

Part 4Conditions

9  Conditions—notifying Agriculture Department of changes

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

                     (a)  Alice Springs Airport; or

                     (b)  a biosecurity entry point at Alice Springs 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 Alice Springs Airport becomes aware that there has been, or will be, a change to the business entity operating:

                     (a)  Alice Springs Airport; or

                     (b)  a biosecurity entry point at Alice Springs 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 Alice Springs 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 Alice Springs Airport providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Alice Springs Airport;

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

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

                     (d)  a change to the procedures at Alice Springs 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 Alice Springs Airport;

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