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SLI 2015 No. 196 Regulations as made
This regulation prescribes new charges in relation to various prescribed matters connected with the administration of the Quarantine Act, and which are not considered a duty of customs or excise within the meaning of section 55 of the Constitution.
Administered by: Agriculture and Water Resources
Registered 30 Nov 2015
Tabling HistoryDate
Tabled HR01-Dec-2015
Tabled Senate01-Dec-2015
Date of repeal 16 Jun 2016
Repealed by Biosecurity (Consequential Amendments and Transitional Provisions) Regulation 2016

 

Quarantine Charges (Imposition—General) Regulation 2015

 

Select Legislative Instrument No. 196, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 26 November 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Barnaby Joyce

Minister for Agriculture and Water Resources

 

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Name................................................................................................... 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Simplified outline of this instrument................................................... 1

5............ Definitions.......................................................................................... 2

Part 2—Charges                                                                                                                     5

6............ Charges for quarantine matters............................................................ 5

7............ Person liable to pay charge.................................................................. 7

8............ Exemptions from charges.................................................................... 8

Part 3—Application and transitional provisions                                               12

9............ Definitions........................................................................................ 12

10.......... Goods covered by full import declaration......................................... 12

11.......... Applications for permits.................................................................... 12

12.......... Animals and eggs that enter a quarantine station on or after 1 December 2015        13

13.......... Plants................................................................................................ 14

14.......... Approvals of premises...................................................................... 14

15.......... Compliance agreements..................................................................... 15

16.......... Entry of vessels into Australia.......................................................... 16

17.......... Repeal of this Part............................................................................. 16

 


Part 1Preliminary

  

1  Name

                   This is the Quarantine Charges (Imposition—General) Regulation 2015.

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

1 December 2015.

1 December 2015

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 the Quarantine Charges (Imposition—General) Act 2014.

4  Simplified outline of this instrument

This instrument prescribes the following:

       (a)     charges in relation to certain matters connected with the administration of the Quarantine Act 1908;

      (b)     the persons who are liable to pay the prescribed charges;

       (c)     exemptions from the prescribed charges.

The prescribed charges are imposed as taxes (see the Quarantine Charges (Imposition—General) Act 2014).

This instrument prescribes a charge only so far as that charge is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution. To the extent that the charge is a duty of customs, it is prescribed by the Quarantine Charges (Imposition—Customs) Regulation 2014.

5  Definitions

             (1)  In this instrument:

Act means the Quarantine Charges (Imposition—General) Act 2014.

Christmas Island means the Territory of Christmas Island.

Cocos (Keeling) Islands means the Territory of Cocos (Keeling) Islands.

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.

consignment has a meaning affected by subsections (2) and (3).

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 specialty relevant to the disability, stating 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.

goods has the same meaning as in the Quarantine Act 1908.

husbandry services, in relation to an animal, eggs or a plant that is in a quarantine station, means activities relating to the care and maintenance of the animal, eggs, or plant (for example, transport, housing, daily monitoring, feeding, cleaning of facilities and administration of medication).

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.

overseas vessel has the same meaning as in the Quarantine Act 1908.

quarantine activities, in relation to an animal, eggs or a plant, does not include husbandry services in relation to the animal, eggs or plant.

quarantine matter means a matter connected with the administration of the Quarantine Act 1908.

quarantine station means a place appointed as a quarantine station by the Quarantine Proclamation 1998.

vessel has the same meaning as in the Quarantine Act 1908.

             (2)  For the purposes of this instrument, one or more animals or eggs are not a consignment unless:

                     (a)  they are all consigned by the same person to the same consignee; and

                     (b)  they all arrive at a quarantine station for acceptance for quarantine on the same day.

             (3)  To avoid doubt, for the purposes of this instrument, a single animal or egg may constitute a consignment of animals or eggs.

Part 2Charges

  

6  Charges for quarantine matters

                   For subsection 7(1) of the Act, the charge in relation to a quarantine matter referred to in column 1 of an item in the following table is the amount set out in, or calculated in accordance with, column 2 of the item.

 

Charges

Item

Column 1
Quarantine matter

Column 2
Amount

1

In relation to goods covered by a full import declaration that are brought into Australia by air—risk profiling, surveillance, monitoring compliance and administration of other quarantine matters

For each full import declaration—$33

2

In relation to goods covered by a full import declaration that are brought into Australia by sea—risk profiling, surveillance, monitoring compliance and administration of other quarantine matters

For each full import declaration—$42

3

Application for a permit provided for by section 13 of the Quarantine Act 1908 and the Quarantine Proclamation 1998

$120

4

Administration and management of quarantine activities in relation to a horse or ruminant, or any other animal (other than a cat or dog) weighing more than 25 kilograms, in a quarantine station

For each animal—$3 000

5

Administration and management of quarantine activities in relation to a cat or dog, or any other animal weighing 25 kilograms or less, in a quarantine station

For each animal—$1 200

6

Administration and management of quarantine activities in relation to a consignment of bees in a quarantine station

For each consignment—$2 500

7

Reservation of a place in a quarantine station for a consignment of live birds, and administration and management of quarantine activities in relation to the consignment

For each consignment—$2 810

8

Confirmation of a reservation of a place in a quarantine station for a consignment of live birds, and administration and management of quarantine activities in relation to the consignment

For each consignment—$11 240

9

Reservation of a place in a quarantine station for a consignment of birds’ eggs for hatching, and administration and management of quarantine activities in relation to the consignment

For each consignment—$7 826

10

Confirmation of a reservation of a place in a quarantine station for a consignment of birds’ eggs for hatching, and administration and management of quarantine activities in relation to the consignment

For each consignment—$31 304

11

Administration and management of quarantine activities in relation to a plant, or plants, in a quarantine station

For each square metre, or part of a square metre, of space occupied by the plant or plants for each month or part of a month—$110

12

Application for approval of a place under section 46A of the Quarantine Act 1908

$180

13

Development and management of arrangements for the performance of quarantine activities by a person on behalf of the Commonwealth at a place that is approved under section 46A of the Quarantine Act 1908

For each financial year, or part of a financial year, during which the approval is in force:

(a) if the approval was in force on or before 1 January in the financial year—$2 900; or

(b) if the place is first approved after 1 January in the financial year—$1 450

14

Application to enter into a compliance agreement under section 66B of the Quarantine Act 1908

$180

15

Development and management of arrangements for the performance of quarantine activities by a person on behalf of the Commonwealth in accordance with a compliance agreement in force under section 66B of the Quarantine Act 1908

For each financial year, or part of a financial year, during which the compliance agreement is in force:

(a) if the compliance agreement was in force on or before 1 January in the financial year—$2 900; or

(b) if the compliance agreement is entered into after 1 January in the financial year—$1 450

16

In relation to an overseas vessel (other than an aircraft) that arrives at a place in Australia—risk profiling, surveillance, monitoring compliance and administration of other quarantine matters

For each overseas vessel:

(a) that is 25 metres or more long—$720; or

(b) that is less than 25 metres long—$100

Note:          A person may be exempt from liability to pay the charge prescribed by item 12, 13, 14 or 15 of the above table (see section 8).

7  Person liable to pay charge

                   For section 9 of the Act, the persons who are liable to pay the charge in relation to a quarantine matter prescribed by section 6 of this instrument are as follows:

                     (a)  in relation to the quarantine matter prescribed by any of items 1, 2 or 4 to 11 of the table in section 6:

                              (i)  the owner of the goods to which the charge relates; or

                             (ii)  if the goods to which the charge relates are owned by 2 or more persons—the owners of the goods;

                     (b)  in relation to the quarantine matter prescribed by item 3 of the table in section 6—the person who made the application for the permit to which the charge relates;

                     (c)  in relation to the quarantine matter prescribed by item 12 or 14 of the table in section 6—the person who made the application to which the charge relates;

                     (d)  in relation to the quarantine matter prescribed by item 13 of the table in section 6—the person who holds the approval to which the charge relates;

                     (e)  in relation to the quarantine matter prescribed by item 15 of the table in section 6—the person with whom the Commonwealth has entered into the compliance agreement to which the charge relates;

                      (f)  in relation to the quarantine matter prescribed by item 16 of the table in section 6—the operator of the vessel to which the charge relates.

Note 1:       For paragraph (a), the owner, or the owners, of the goods may or may not be the consignee, or the consignees, of the goods.

Note 2:       An agent of a person who is liable to pay a charge under this section is jointly and severally liable with that person to pay the charge (see section 6 of the Quarantine Charges (Collection) Regulation 2014).

8  Exemptions from charges

General

             (1)  For section 10 of the Act, a charge prescribed in relation to a quarantine matter by section 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, Christmas Island or the Cocos (Keeling) Islands of a disability assistance dog; or

                      (f)  the examination of personal luggage that is brought into Australia, Christmas Island or the Cocos (Keeling) Islands 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, Christmas Island or the Cocos (Keeling) Islands; or

                     (h)  goods or any other things that have been, or that are to be, imported or brought into Christmas Island or the Cocos (Keeling) Islands; or

                      (i)  quarantine activities performed in Christmas Island or the Cocos (Keeling) Islands.

Application for section 46A approval or to enter into compliance agreement

             (2)  For section 10 of the Act, a person is not liable to pay the charge prescribed by item 12 or 14 of the table in section 6 of this instrument in relation to an application referred to in that item if the person:

                     (a)  is the holder of an approval in force under section 46A of the Quarantine Act 1908; or

                     (b)  is a party to a compliance agreement in force under section 66B of the Quarantine Act 1908; or

                     (c)  is a party to a compliance agreement in force under section 35A of the Imported Food Control Act 1992.

Management of arrangements relating to quarantine activities performed under section 46A approval or compliance agreement

             (3)  For section 10 of the Act, a person is not liable to pay the charge prescribed by item 13 of the table in section 6 of this instrument for a financial year, or a part of a financial year, in relation to an approval if the person has paid any of the following:

                     (a)  the charge prescribed by item 13 of the table in section 6 of this instrument for that financial year, or that part of the financial year, in relation to another approval;

                     (b)  the charge prescribed by item 13 of the table in section 6 of the Quarantine Charges (Imposition—Customs) Regulation 2015 for that financial year, or that part of the financial year, in relation to another approval;

                     (c)  the charge prescribed by item 15 of the table in section 6 for that financial year or that part of the financial year;

                     (d)  the charge prescribed by item 15 of the table in section 6 of the Quarantine Charges (Imposition—Customs) Regulation 2015 for that financial year, or that part of the financial year;

                     (e)  the charge prescribed by item 2 of the table in section 6 of the Imported Food Charges (Imposition—Customs) Regulation 2015 for that financial year or that part of the financial year;

                      (f)  the charge prescribed by item 2 of the table in section 6 of the Imported Food Charges (Imposition—General) Regulation 2015 for that financial year or that part of the financial year.

             (4)  For section 10 of the Act, a person is not liable to pay the charge prescribed by item 15 of the table in section 6 of this instrument for a financial year, or a part of a financial year, in relation to a compliance agreement if the person has paid any of the following:

                     (a)  the charge prescribed by item 15 of the table in section 6 of this instrument for that financial year, or that part of the financial year, in relation to another compliance agreement;

                     (b)  the charge prescribed by item 15 of the table in section 6 of the Quarantine Charges (Imposition—Customs) Regulation 2015 for that financial year, or that part of the financial year, in relation to another compliance agreement;

                     (c)  the charge prescribed by item 13 of the table in section 6 of this instrument for that financial year or that part of the financial year;

                     (d)  the charge prescribed by item 13 of the table in section 6 of the Quarantine Charges (Imposition—Customs) Regulation 2015 for that financial year, or that part of the financial year;

                     (e)  the charge prescribed by item 2 of the table in section 6 of the Imported Food Charges (Imposition—Customs) Regulation 2015 for that financial year or that part of the financial year;

                      (f)  the charge prescribed by item 2 of the table in section 6 of the Imported Food Charges (Imposition—General) Regulation 2015 for that financial year or that part of the financial year.

Part 3Application and transitional provisions

Note:       See also Part 3 of the Quarantine Service Fees Determination 2005 which includes application and transitional provisions relating to the fees required by that Determination.

  

9  Definitions

             (1)  In this Part:

Quarantine Service Fees Determination means the Quarantine Service Fees Determination 2005, as in force immediately before 1 December 2015.

             (2)  In this Part:

                     (a)  a reference to a previous item followed by a number is a reference to the item so numbered in the table in Part 3, or the table in Division 1 or 2 of Part 3A, of Schedule 1 to the Quarantine Service Fees Determination; and

                     (b)  a reference to a new item followed by a number is a reference to the item so numbered in the table in section 6 of this instrument, as in force on or after 1 December 2015.

10  Goods covered by full import declaration

                   The charge prescribed by new item 1 or 2 applies in relation to goods covered by a full import declaration that is made on or after 1 December 2015.

11  Applications for permits

                   The charge prescribed by new item 3 applies in relation to an application for a permit referred to in that item that is made on or after 1 December 2015.

12  Animals and eggs that enter a quarantine station on or after 1 December 2015

Application of new charges

             (1)  Subject to subsections (3), (4) and (5), the charge prescribed by new item 4, 5, 6, 7, 8, 9 or 10 (whichever is applicable) applies in relation to an animal, or a consignment of bees, live birds or birds’ eggs for hatching, if the animal or consignment enters a quarantine station on or after 1 December 2015.

Ruminants and camelid animals

             (2)  If a booking fee referred to in previous item 38B was paid before 1 December 2015 for a ruminant, or a camelid animal, expected to be in a quarantine station on or after 1 December 2015, the amount paid is taken to have been paid in relation to the quarantine matter referred to in new item 4.

Equine animals and other animals weighing more than 25 kilograms

             (3)  If the fee referred to in previous item 36A, 37 or 38 (whichever is applicable) was paid before 1 December 2015 for each day an equine animal, or an animal weighing more than 25 kilograms (other than an animal referred to in another subsection of this section), was expected to be in a quarantine station on or after 1 December 2015, the charge prescribed by new item 4 does not apply in relation to the animal.

Cats, dogs and other small animals (other than live birds)

             (4)  If the fee referred to in previous item 36B, 36C, 36D, 36E, 36F, 36G, 36H or 37 (whichever is applicable) was paid before 1 December 2015 for each day a cat, dog, rabbit, guinea pig or other animal weighing 25 kilograms or less (other than an animal referred to in another subsection of this section) was expected to be in a quarantine station on or after 1 December 2015, the charge prescribed by new item 5 does not apply in relation to the animal.

Consignments of bees

             (5)  If the fee referred to in previous item 36J or 36K (whichever is applicable) was paid before 1 December 2015 for each month a consignment of bees was expected to be in a quarantine station on or after 1 December 2015, the charge prescribed by new item 6 does not apply in relation to the consignment.

Consignments of live birds

             (6)  If either, or both, of the following was paid before 1 December 2015 for a bird in a consignment of live birds expected to be in a quarantine station on or after 1 December 2015:

                     (a)  a booking fee referred to in previous item 38C;

                     (b)  a deposit referred to in previous item 38E;

the total of the amounts paid is taken to have been paid in relation to the quarantine matter referred to in new item 7.

Consignments of birds’ eggs for hatching

             (7)  If either, or both, of the following was paid before 1 December 2015 for a chick that hatches from an egg in a consignment of birds’ eggs for hatching expected to be in a quarantine station on or after 1 December 2015:

                     (a)  a booking fee referred to in previous item 38D;

                     (b)  a deposit referred to in previous item 38F;

the total of the amounts paid is taken to have been paid in relation to the quarantine matter referred to in new item 9.

13  Plants

                   The charge prescribed by new item 11 applies in relation to a plant, or plants, that are in a quarantine station during a month, or a part of a month, beginning on or after 1 December 2015.

14  Approvals of premises

             (1)  The charge prescribed by new item 12 applies in relation to an application for approval of a place under section 46A of the Quarantine Act 1908 that is made on or after 1 December 2015.

             (2)  If:

                     (a)  a person is liable to pay the charge prescribed by new item 13 in relation to an approval for the financial year ending on 30 June 2016; and

                     (b)  the person had, before 1 December 2015, paid the fee referred to in item 29 of the table in Division 4 of Part 1 of Schedule 1 to the Quarantine Service Fees Determination in relation to that approval for the financial year ending on 30 June 2016;

the person is taken to have paid the charge prescribed by new item 13 in relation to that approval for that financial year.

             (3)  If:

                     (a)  an application for approval, or renewal of an approval, of a place under section 46A of the Quarantine Act 1908 is made between 1 December 2015 and 1 January 2016; and

                     (b)  the approval or renewal is given on or before 1 January 2016;

then new item 13 has effect in relation to the approval and the financial year ending on 30 June 2016 as if the amount of $2 900 were omitted from paragraph (a) of column 2 of that item and the amount of $1 450 were substituted.

15  Compliance agreements

             (1)  The charge prescribed by new item 14 applies in relation to an application to enter into a compliance agreement under section 66B of the Quarantine Act 1908 that is made on or after 1 December 2015.

             (2)  If a compliance agreement under section 66B of the Quarantine Act 1908:

                     (a)  is in force on 1 December 2015; or

                     (b)  is entered into between 1 December 2015 and 1 January 2016;

then new item 15 has effect in relation to the compliance agreement and the financial year ending on 30 June 2016 as if the amount of $2 900 were omitted from paragraph (a) of column 2 of that item and the amount of $1 450 were substituted.

16  Entry of vessels into Australia

                   The charge prescribed by new item 16 applies in relation to an overseas vessel that arrives at a place in Australia on or after 1 December 2015.

17  Repeal of this Part

                   This Part is repealed at the start of 1 July 2016.