Import Processing Charges Act 2001
No. 90, 2001 as amended
Compilation start date: 1 January 2014
Includes amendments up to: Act No. 143, 2013
About this compilation
This compilation
This is a compilation of the Import Processing Charges Act 2001 as in force on 1 January 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 2 January 2014.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title........................................................................................................ 1
2 Commencement.............................................................................................. 1
3 Definitions..................................................................................................... 1
4 Imposition of import processing charges....................................................... 1
5 Amounts of import processing charges.......................................................... 2
6 Regulations.................................................................................................... 4
Endnotes 5
Endnote 1—About the endnotes 5
Endnote 2—Abbreviation key 7
Endnote 3—Legislation history 8
Endnote 4—Amendment history 11
Endnote 5—Uncommenced amendments [none] 12
Endnote 6—Modifications [none] 12
Endnote 7—Misdescribed amendments [none] 12
Endnote 8—Miscellaneous [none] 12
An Act to impose import processing charges in respect of certain goods imported into Australia, and for related purposes
1 Short title
This Act may be cited as the Import Processing Charges Act 2001.
2 Commencement
(1) Section 1 and this section commence on the day on which this Act receives the Royal Assent.
(2) The remaining sections commence on the day fixed by Proclamation under subsection 2(3) of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.
3 Definitions
(1) In this Act:
Customs Act means the Customs Act 1901.
import processing charge means any of the following:
(c) import declaration processing charge;
(f) warehouse declaration processing charge.
prescribed means prescribed by the regulations.
(2) Expressions used in this Act have the same meanings as in the Customs Act.
4 Imposition of import processing charges
(3) Import declaration processing charge payable as set out in section 71B of the Customs Act is imposed.
(6) Warehouse declaration processing charge payable as set out in section 71DI of the Customs Act is imposed.
5 Amounts of import processing charges
(3) The amount of an import declaration processing charge is:
(a) for an electronic import declaration that relates to goods imported into Australia by air (other than goods imported through the post):
(i) if the value of the goods is at least $10,000—$122.10 or such other amount (not exceeding $183.15) as is prescribed; or
(ii) otherwise—$40.20 or such other amount (not exceeding $45.00) as is prescribed; or
(b) for a documentary import declaration that relates to goods imported into Australia by air (other than goods imported through the post):
(i) if the value of the goods is at least $10,000—$122.10 or such other amount (not exceeding $183.15) as is prescribed; or
(ii) otherwise—$48.85 or such other amount (not exceeding $73.30) as is prescribed; or
(c) for an electronic import declaration that relates to goods imported into Australia through the post:
(i) if the value of the goods is at least $10,000—$122.10 or such other amount (not exceeding $183.15) as is prescribed; or
(ii) otherwise—$40.20 or such other amount (not exceeding $45.00) as is prescribed; or
(d) for a documentary import declaration that relates to goods imported into Australia through the post:
(i) if the value of the goods is at least $10,000—$122.10 or such other amount (not exceeding $183.15) as is prescribed; or
(ii) otherwise—$48.85 or such other amount (not exceeding $73.30) as is prescribed; or
(e) for an electronic import declaration that relates to goods imported into Australia by sea (other than goods imported through the post):
(i) if the value of the goods is at least $10,000—$152.60 or such other amount (not exceeding $228.90) as is prescribed; or
(ii) otherwise—$50.00 or such other amount (not exceeding $74.00) as is prescribed; or
(f) for a documentary import declaration that relates to goods imported into Australia by sea (other than goods imported through the post):
(i) if the value of the goods is at least $10,000—$152.60 or such other amount (not exceeding $228.90) as is prescribed; or
(ii) otherwise—$65.75 or such other amount (not exceeding $98.60) as is prescribed.
(6) The amount of a warehouse declaration processing charge is:
(a) for an electronic warehouse declaration that relates to goods imported into Australia by air (other than goods imported through the post):
(i) if the value of the goods is at least $10,000—$122.10 or such other amount (not exceeding $183.15) as is prescribed; or
(ii) otherwise—$40.20 or such other amount (not exceeding $45.00) as is prescribed; or
(b) for a documentary warehouse declaration that relates to goods imported into Australia by air (other than goods imported through the post):
(i) if the value of the goods is at least $10,000—$122.10 or such other amount (not exceeding $183.15) as is prescribed; or
(ii) otherwise—$48.85 or such other amount (not exceeding $73.30) as is prescribed; or
(c) for an electronic warehouse declaration that relates to goods imported into Australia through the post:
(i) if the value of the goods is at least $10,000—$122.10 or such other amount (not exceeding $183.15) as is prescribed; or
(ii) otherwise—$40.20 or such other amount (not exceeding $45.00) as is prescribed; or
(d) for a documentary warehouse declaration that relates to goods imported into Australia through the post:
(i) if the value of the goods is at least $10,000—$122.10 or such other amount (not exceeding $183.15) as is prescribed; or
(ii) otherwise—$48.85 or such other amount (not exceeding $73.30) as is prescribed; or
(e) for an electronic warehouse declaration that relates to goods imported into Australia by sea (other than goods imported through the post):
(i) if the value of the goods is at least $10,000—$152.60 or such other amount (not exceeding $228.90) as is prescribed; or
(ii) otherwise—$50.00 or such other amount (not exceeding $74.00) as is prescribed; or
(f) for a documentary warehouse declaration that relates to goods imported into Australia by sea (other than goods imported through the post):
(i) if the value of the goods is at least $10,000—$152.60 or such other amount (not exceeding $228.90) as is prescribed; or
(ii) otherwise—$65.75 or such other amount (not exceeding $98.60) as is prescribed.
6 Regulations
The Governor‑General may make regulations for the purposes of section 5.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
| orig = original | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s) /sub-subparagraph(s) | |
Endnote 3—Legislation history
| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
| Import Processing Charges Act 2001 | 90, 2001 | 18 July 2001 | ss. 1 and 2: Royal Assent
Remainder: 19 July 2005 (see F2005L01812) | |
| Import Processing Charges (Amendment and Repeal) Act 2002 | 79, 2002 | 8 Oct 2002 | Schedule 1: (a) | s. 2(1) (am. by 25, 2004, Sch. 2 [item 32]) |
| as amended by | | | | |
| Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004 | 25, 2004 | 25 Mar 2004 | Schedule 2 (item 32): (b) | — |
| Import Processing Charges Amendment Act 2005 | 90, 2005 | 6 July 2005 | Schedule 1: (c)
Remainder: Royal Assent | — |
| Customs Legislation Amendment (Import Processing Charges) Act 2005 | 91, 2005 | 6 July 2005 | Schedule 1 (items 9–12): (d)
Schedule 1 (item 13): (d) | — |
| Customs Amendment (Miscellaneous Measures) Act 2013 | 33, 2013 | 30 Mar 2013 | Schedule 1 (items 82–84): 31 Mar 2013 | — |
| Import Processing Charges Amendment Act 2013 | 143, 2013 | 13 Dec 2013 | 1 Jan 2014 | Sch 1 (item 3) |
(a) Subsection 2(1) (item 6) of the Import Processing Charges (Amendment and Repeal) Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 6. Schedule 1 | The later of: (a) immediately after the commencement of section 5 of the Import Processing Charges Act 2001; and (b) the day on which this Act receives the Royal Assent | 19 July 2005 (paragraph (a) applies) |
(b) Subsection 2(1) (item 20) of the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004 provides as follows:
(1) Each provision of this Act 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.
| Provision(s) | Commencement | Date/Details |
| 20. Schedule 2, item 32 | Immediately after the commencement of section 2 of the Import Processing Charges (Amendment and Repeal) Act 2002. | 8 October 2002 |
(c) Subsection 2(1) (item 2) of the Import Processing Charges Amendment Act 2005 provides as follows:
(1) Each provision of this Act 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.
| Provision(s) | Commencement | Date/Details |
| 2. Schedule 1 | Immediately after the commencement of sections 3 to 6 of the Import Processing Charges Act 2001. | 19 July 2005 |
(d) Subsection 2(1) (items 7 and 8) of the Customs Legislation Amendment (Import Processing Charges) Act 2005 provide as follows:
(1) Each provision of this Act 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.
| Provision(s) | Commencement | Date/Details |
| 7. Schedule 1, items 9 to 12 | Immediately after the commencement of sections 3 to 6 of the Import Processing Charges Act 2001. | 19 July 2005 |
| 8. Schedule 1, item 13 | Immediately after the commencement of Schedule 1 to the Import Processing Charges (Amendment and Repeal) Act 2002. | 19 July 2005 |
Endnote 4—Amendment history
| Provision affected | How affected |
| s. 3...................................... | am. No. 91, 2005; No. 33, 2013 |
| s. 4...................................... | am. No. 91, 2005; No. 33, 2013 |
| s. 5...................................... | am. No. 79, 2002; Nos. 90 and 91, 2005; No 33 and 143, 2013 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]