Commonwealth Coat of Arms of Australia

 

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

I, Dean Merrilees, as delegate of the Director of Biosecurity, make the following determination.

Dated 7 June 2019

Dean Merrilees

Assistant Secretary
Compliance Division
Department of Agriculture

 

Contents

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

Part 2—First point of entry

5  First point of entry—vessels

6  First point of entry—goods

Part 3—Biosecurity entry points

7  Biosecurity entry points—vessels

8  Biosecurity entry points—goods

Part 4—Conditions

9  Conditions—notifying Agriculture Department of changes

Part 1Preliminary

1  Name

  This is the Biosecurity (First Point of Entry–Port of Thevenard) Determination 2019.

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 2019.

16 June 2019

Note: This table relates only to the provisions of this instrument as originally made.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 229(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.

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.

noncommercial vessel has the same meaning as in the Biosecurity Regulation 2016.

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

Part 2First point of entry

5  First point of entry—vessels

  Port of Thevenard is a first point of entry for vessels other than the following:

 (a) noncommercial vessels;

 (b) passenger vessels.

6  First point of entry—goods

  Port of Thevenard is a first point of entry for baggage carried on a vessel other than a noncommercial vessel or a passenger vessel.

Note 1: Port of Thevenard 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 nonprohibited goods) and any determinations made under those sections.

Part 3Biosecurity entry points

7  Biosecurity entry points—vessels

  Each area of Port of Thevenard 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 1

Vessels

Column 2

Areas

1

Vessels other than the following:

(a) noncommercial vessels;

(b) passenger vessels

Thevenard Wharf

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

8  Biosecurity entry points—goods

  Each area of Port of Thevenard 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

Baggage carried on a vessel other than a noncommercial vessel or a passenger vessel

Thevenard Wharf

Note: If a vessel has arrived at Port of Thevenard 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 4Conditions

9  Conditions—notifying Agriculture Department of changes

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

 (a) Port of Thevenard; or

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

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

 (a) Port of Thevenard; or

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

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

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

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

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

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