Import Processing Charges Act 2001
No. 90, 2001
Compilation No. 6
Compilation date: 1 January 2016
Includes amendments up to: Act No. 148, 2015
Registered: 28 January 2016
About this compilation
This compilation
This is a compilation of the Import Processing Charges Act 2001 that shows the text of the law as amended and in force on 1 January 2016 (the compilation date).
This compilation was prepared on 27 January 2016.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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......................................................................................... 3
Endnotes 4
Endnote 1—About the endnotes 4
Endnote 2—Abbreviation key 5
Endnote 3—Legislation history 6
Endnote 4—Amendment history 9
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
Import declaration processing charge
(1) The amount of an import declaration processing charge is:
(a) for an electronic import declaration in respect of goods:
(i) if the value of the goods is at least $10,000—$152.00 or such other amount (not exceeding $228.00) as is prescribed; or
(ii) otherwise—$50.00 or such other amount (not exceeding $75.00) as is prescribed; or
(b) for a documentary import declaration in respect of goods:
(i) if the value of the goods is at least $10,000—$192.00 or such other amount (not exceeding $288.00) as is prescribed; or
(ii) otherwise—$90.00 or such other amount (not exceeding $135.00) as is prescribed.
Warehouse declaration processing charge
(2) The amount of a warehouse declaration processing charge is:
(a) for an electronic warehouse declaration in respect of goods:
(i) if the value of the goods is at least $10,000—$152.00 or such other amount (not exceeding $228.00) as is prescribed; or
(ii) otherwise—$50.00 or such other amount (not exceeding $75.00) as is prescribed; or
(b) for a documentary warehouse declaration in respect of goods:
(i) if the value of the goods is at least $10,000—$192.00 or such other amount (not exceeding $288.00) as is prescribed; or
(ii) otherwise—$90.00 or such other amount (not exceeding $135.00) 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 information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| A = Act | o = order(s) |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | Reg = Regulation/Regulations |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislative Instruments | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | SLI = Select Legislative Instrument |
| (md not incorp) = misdescribed amendment | SR = Statutory Rules |
| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
| mod = modified/modification | SubPt = Subpart(s) |
| No. = Number(s) | underlining = whole or part not |
| | commenced or to be commenced |
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) |
| Import Processing Charges Amendment Act 2015 | 148, 2015 | 12 Nov 2015 | Sch 1: 1 Jan 2016 (s 2(1) item 2) | Sch 1 (item 2) |
(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 |
| | rs No 148, 2015 |