Imported Food Charges (Imposition—Customs) Regulation 2015

Select Legislative Instrument No. 192, 2015

made under the

Imported Food Charges (Imposition—Customs) Act 2015

Compilation No. 1

Compilation date:                              16 June 2016

Includes amendments up to:            F2016L00717

Registered:                                         17 June 2016

About this compilation

This compilation

This is a compilation of the Imported Food Charges (Imposition—Customs) Regulation 2015 that shows the text of the law as amended and in force on 16 June 2016 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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................................................................................................... 1

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

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

5............ Definitions.......................................................................................... 1

Part 2—Charges                                                                                                                     2

6............ Charges for imported food matters...................................................... 2

7............ Persons liable to pay charges.............................................................. 2

8............ Exemptions from charges.................................................................... 2

Part 3—Application and transitional provisions                                                 4

9............ Transitional provisions relating to new charges.................................. 4

10.......... Repeal of this Part............................................................................... 4

Endnotes                                                                                                                                      5

Endnote 1—About the endnotes                                                                              5

Endnote 2—Abbreviation key                                                                                  6

Endnote 3—Legislation history                                                                               7

Endnote 4—Amendment history                                                                             8

Part 1—Preliminary

1  Name

                   This is the Imported Food Charges (Imposition—Customs) Regulation 2015.

3  Authority

                   This instrument is made under the Imported Food Charges (Imposition—Customs) Act 2015.

4  Simplified outline of this instrument

5  Definitions

                   In this instrument:

Act means the Imported Food Charges (Imposition—Customs) Act 2015.

compliance agreement has the same meaning as in the Imported Food Control Act 1992.

imported food matter means a matter connected with the administration of the Imported Food Control Act 1992.

Part 2—Charges

6  Charges for imported food matters

                   For subsection 6(1) of the Act, the charge in relation to an imported food matter referred to in column 1 of an item in the following table is the amount set out in column 2 of the item.

Note:          A person may be exempt from liability to pay a prescribed charge (see section 7).

7  Persons liable to pay charges

                   For section 8 of the Act, the persons who are liable to pay the charge in relation to an imported food matter prescribed by an item of the table in section 6 of this instrument are as follows:

                     (a)  in relation to the imported food matter prescribed by item 1—the person who made the application to which the charge relates;

                     (b)  in relation to the imported food matter prescribed by item 2—the person with whom the Commonwealth has entered into the compliance agreement to which the charge relates.

Note:          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 Imported Food Charges (Collection) Regulation 2015).

8  Exemptions from charges

             (1)  For section 9 of the Act, a person is not liable to pay the charge prescribed by item 1 of the table in section 6 of this instrument in relation to an application to enter into a compliance agreement if the person:

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

                     (b)  is covered by an approved arrangement under the Biosecurity Act 2015.

             (2)  For section 9 of the Act, a person is not liable to pay the charge prescribed by item 2 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 2 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 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, in relation to another compliance agreement;

                     (c)  the charge prescribed by item 13 of the table in section 9 of the Biosecurity Charges Imposition (Customs) Regulation 2016 for that financial year or that part of the financial year;

                     (d)  the charge prescribed by item 13 of the table in section 9 of the Biosecurity Charges Imposition (General) Regulation 2016 for that financial year or that part of the financial year.

Part 3—Application and transitional provisions

9  Transitional provisions relating to new charges

             (1)  The charge prescribed by item 1 of the table in section 6 applies in relation to an application to enter into a compliance agreement that is made on or after 1 December 2015.

             (2)  If:

                     (a)  a person is liable to pay the charge prescribed by item 2 of the table in section 6 of this instrument in relation to a compliance agreement 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 6 of Part 2 of Schedule 2 to the Imported Food Control Regulations 1993, as in force immediately before 1 December 2015, in relation to that compliance agreement for the financial year ending on 30 June 2016;

then the person is taken to have paid the charge prescribed by item 2 of the table in section 6 of this instrument in relation to that compliance agreement for that financial year.

             (3)  If:

                     (a)  an application to enter into a compliance agreement is made on or after 1 December 2015 and before 1 January 2016; and

                     (b)  the compliance agreement is entered into on or before 1 January 2016;

then item 2 of the table in section 6 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.

10  Repeal of this Part

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

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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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

Endnote 3—Legislation history

Endnote 4—Amendment history