Quarantine Charges (Imposition—Customs) Regulation 2014
Select Legislative Instrument No. 69, 2014
made under the
Quarantine Charges (Imposition—Customs) Act 2014
Compilation No. 1
Compilation date: 1 July 2015
Includes amendments up to: SLI No. 90, 2015
Registered: 27 August 2015
About this compilation
This compilation
This is a compilation of the Quarantine Charges (Imposition—Customs) Regulation 2014 that shows the text of the law as amended and in force on 1 July 2015 (the compilation date).
This compilation was prepared on 25 August 2015.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary 1
1............ Name of regulation.............................................................................. 1
3............ Authority............................................................................................. 1
4............ Definitions.......................................................................................... 1
Part 2—Charges 3
5............ Charges—quarantine matters performed before 1 July 2014.............. 3
6............ Charges—quarantine matters performed on or after 1 July 2014........ 4
7............ Person liable to pay charge.................................................................. 6
8............ Exemptions from charges.................................................................... 6
Part 3—Transitional matters 8
9............ Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015............................................................................................................ 8
Endnotes 9
Endnote 1—About the endnotes 9
Endnote 2—Abbreviation key 10
Endnote 3—Legislation history 11
Endnote 4—Amendment history 12
Part 1—Preliminary
1 Name of regulation
This regulation is the Quarantine Charges (Imposition—Customs) Regulation 2014.
3 Authority
This regulation is made under the Quarantine Charges (Imposition—Customs) Act 2014.
4 Definitions
In this regulation:
Act means the Quarantine Charges (Imposition—Customs) Act 2014.
consignee, of goods brought into Australia from outside Australia, means the person who is the ultimate recipient of the goods, whether or not the person ordered or paid for the goods.
Director of Quarantine has the same meaning as in the Quarantine Act 1908.
disability assistance dog means a dog:
(a) that has been professionally trained to assist a person with a disability; and
(b) that is accompanying a person with such a disability who has a certificate from a medical specialist practitioner in a speciality relevant to the disability, that the person requires the assistance of such a dog.
full import declaration, in relation to goods, means an entry lodged on the Integrated Cargo System that contains the information required by regulation 50 of the Quarantine Regulations 2000 in relation to the goods.
Integrated Cargo System means the system of that name administered by the Department administered by the Minister administering Part XII of the Customs Act 1901.
quarantine matter means a matter connected with the administration of the Quarantine Act 1908.
vessel has the same meaning as in the Quarantine Act 1908.
Part 2—Charges
5 Charges—quarantine matters performed before 1 July 2014
For subsection 7(1) of the Act, the charge in relation to a quarantine matter mentioned in column 1 of the following table is the amount set out in column 2 of the item if the quarantine matter is performed on or after the commencement of this regulation and before 1 July 2014.
| Charges |
| Item | Column 1 | Column 2 |
| | Quarantine matter | Charge |
| 1 | In relation to goods covered by a full import declaration that are brought into Australia by air: (a) risk profiling, surveillance, clearance and inspection; and (b) development and management of arrangements entered into by entities to perform quarantine functions on behalf of the Commonwealth | For each full import declaration—$15.00 |
| 2 | In relation to goods covered by a full import declaration that are brought into Australia by sea: (a) risk profiling and surveillance; and (b) development and management of arrangements entered into by entities to perform quarantine functions on behalf of the Commonwealth | For each full import declaration—$14.00 |
| 3 | Clearance and inspection of a shipping container containing goods all of which: (a) are consigned (whether in a single consignment or in 2 or more consignments) to the same consignee in Australia; and (b) are covered by one or more full import declarations | For each shipping container—$24.00 |
| 4 | Clearance and inspection of a single shipping container containing goods that: (a) are included in 2 or more consignments consigned to 2 or more consignees in Australia; and (b) are covered by one or more full import declarations | In relation to each consignment—$6.00 |
6 Charges—quarantine matters performed on or after 1 July 2014
For subsection 7(1) of the Act, the charge in relation to a quarantine matter mentioned in column 1 of the following table is the amount set out in column 2 of the item if the quarantine matter is performed on or after 1 July 2014.
| Charges |
| Item | Column 1 | Column 2 |
| | Quarantine matter | Charge |
| 1 | In relation to goods covered by a full import declaration that are brought into Australia by air: (a) risk profiling, surveillance, clearance and inspection; and (b) development and management of arrangements entered into by entities to perform quarantine functions on behalf of the Commonwealth | For each full import declaration—$16.00 |
| 2 | In relation to goods covered by a full import declaration that are brought into Australia by sea: (a) risk profiling and surveillance; and (b) development and management of arrangements entered into by entities to perform quarantine functions on behalf of the Commonwealth | For each full import declaration—$15.00 |
| 3 | Clearance and inspection of a shipping container containing goods all of which: (a) are consigned (whether in a single consignment or in 2 or more consignments) to the same consignee in Australia; and (b) are covered by one or more full import declarations | For each shipping container—$30.00 |
| 4 | Clearance and inspection of a single shipping container containing goods that: (a) are included in 2 or more consignments consigned to 2 or more consignees in Australia; and (b) are covered by one or more full import declarations | In relation to each consignment of goods—$8.00 |
7 Person liable to pay charge
For section 9 of the Act:
(a) the owner of goods mentioned in an item of the table in section 5, or the table in section 6, is liable to pay the charge in relation to the quarantine matter prescribed by that item; or
(b) if goods mentioned in an item of the table in section 5, or the table in section 6, are owned by 2 or more persons—the owners of the goods are liable to pay the charge in relation to the quarantine matter prescribed by that item.
Note: The owner, or the owners, of the goods may or may not be the consignee, or the consignees, of the goods.
8 Exemptions from charges
For section 10 of the Act, a charge prescribed in relation to a quarantine matter by section 5 or 6 is not payable if the quarantine matter relates to:
(a) the importation of goods:
(i) for the official use of a diplomatic mission in Australia; or
(ii) for the personal use of a diplomatic agent of the mission; or
(iii) for the personal use of a member of the diplomatic agent’s family, if the person forms part of the diplomatic agent’s household and is not an Australian citizen; or
(b) the importation of goods for the personal use of a member of the administrative or technical staff (the staff member) of a diplomatic mission at the time of first installation, if the staff member is neither an Australian citizen nor permanently resident in Australia; or
(c) the importation of goods for the personal use of a member of the staff member’s family at the time of first installation, if the person forms part of the staff member’s household and is neither an Australian citizen nor permanently resident in Australia; or
(d) vessels or equipment used by the defence force of a foreign country that is engaged in a combined military activity if the Australian Defence Force has informed a Director of Quarantine; or
(e) the importation into Australia of a disability assistance dog; or
(f) the examination of personal luggage that is brought into Australia on the same vessel as the owner or importer of the luggage; or
(g) the screening or inspection of international postal items that arrive in Australia.
Part 3—Transitional matters
9 Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015
An entry lodged before 1 July 2015 on the Integrated Cargo System (within the meaning of this regulation as in force immediately before that day) is taken on and after that day to have been an entry lodged on the Integrated Cargo System (within the meaning of this regulation as in force on that day).
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
| Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
| 69, 2014 | 17 June 2014 (F2014L00735) | 18 June 2014 (s 2) | |
| 90, 2015 | 19 June 2015 (F2015L00854) | 1 July 2015 (s 2(1) item 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| s 2........................................ | rep LIA s 48D |
| s 4........................................ | am No 90, 2015 |
| Part 3 | |
| Part 3................................... | ad No 90, 2015 |
| s 9........................................ | ad No 90, 2015 |