Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument repeals the Quarantine Service Fees (Australia Post) Determination 2010 and the Quarantine Service Fees Determination 2005.
Administered by: Agriculture and Water Resources
Registered 03 May 2016
Tabling HistoryDate
Tabled HR04-May-2016
Tabled Senate04-May-2016
Date of repeal 17 Jun 2016
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

 

Issued by Authority of the Deputy Prime Minister and Minister for Agriculture and Water Resources

 

Quarantine Act 1908

 

Quarantine Service Fees Repeal Determination 2016

 

Legislative Authority

 

The Quarantine Act 1908 (Quarantine Act) provides the legislative basis for human, plant and animal quarantine activities to prevent or control the introduction, establishment or spread of diseases or pests into Australia that will or could cause significant damage to humans, animals, plants, other aspects of the environment or economic activities.

 

The Quarantine Service Fees Repeal Determination 2016 (the Repeal Determination) is made under section 86E of the Quarantine Act. This section permits the Minister to make determinations, by legislative instrument, for the purposes of prescribing fees in respect of quarantine services, specified examinations or services provided under the Act, including specifying who is liable to pay those fees. 

 

Purpose

The purpose of this Repeal Determination is to repeal both the Quarantine Service Fees (Australia Post) Determination 2010 and the Quarantine Service Fees Determination 2005 (the Fees Determinations).

The Biosecurity Act 2015 (the Biosecurity Act) repeals the Quarantine Act resulting in the Quarantine Services Fees Determinations having no effect. Provisions relating to fees under the Biosecurity Act are set out in the Biosecurity Regulation 2016 (the Biosecurity Regulation)

 

Background

 

From 16 June 2016 biosecurity is managed under the Biosecurity Act and related delegated legislation in replacement of the Quarantine Act and related delegated legislation. The Agriculture Department undertakes biosecurity activities to assess and manage biosecurity risk associated with people, goods and conveyances entering or in Australian territory.

 

The Fees Determinations set out the fees that must be paid in respect of specified examinations or services carried out or provided under the Quarantine Act. Under the Biosecurity Act, relevant fees provisions are remade under the Biosecurity Regulation to enable the Agriculture Department to continue to recover the costs for providing biosecurity services under the Biosecurity Act.

 

Impact and Effect

 

At the commencement of the Repeal Determination, the Quarantine Act was repealed. As such, this repeal serves the administrative purpose of removing the legislative instruments made under the Quarantine Act. The Repeal Determination does not change the impact or effect on industry as the provisions in the Biosecurity Regulation replicate and replaces the fees provisions under the Quarantine Service Fees Determinations.

 

Consultation

 

Industry consultation was not appropriate for a repeal determination of this nature as it is purely mechanical and administrative.

 

The department consulted with the Office of Parliamentary Counsel (OPC) in the drafting of the Repeal Determination, and the OBPR advised on 31 March 2016 that the Biosecurity Regulation Impact Statement conducted for the Biosecurity Act (ID: 16609) was sufficient for the purposes of the Repeal Determination and a further regulation impact statement would not be required.

 

The Repeal Determination is a legislative instrument for the purposes of the Legislation Act 2003.

 

The Repeal Determination is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.

 

Details of the Quarantine Service Fees Repeal Determination 2016

 

Section 1 – Name

 

The section provides that the name of the Repeal Determination is the Quarantine Service Fees Repeal Determination 2016.

 

Section 2 - Commencement

 

This section provides for the Repeal Determination to commence at the same time as Schedule 1 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 commences on 16 June 2016.

 

Section 3 – Authority

 

This section provides that this instrument is made under section 86E of the Quarantine Act 1908.

 

Section 4 – Schedules

 

This section provides that each instrument that is specified in a Schedule to the Repeal Determination is amended or repealed as set out in each Schedule concerned and has effect according to its terms.

 

Schedule 1 - Repeals

Items 1 and 2 of this schedule repeal the Quarantine Service Fees (Australia Post) Determination 2010 and the Quarantine Service Fees Determination 2005, with effect from 16 June 2016. Due to the repeal of the Quarantine Act, these determinations have no effect. The new provisions under the Biosecurity Act relating to fees are set out in the Biosecurity Regulation 2016.


 

ATTACHMENT

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Quarantine Service Fees Repeal Determination 2016

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Quarantine Service Fees Repeal Determination 2016 is to repeal the Quarantine Service Fees (Australia Post) Determination 2010 and the Quarantine Service Fees Determination 2005 (Quarantine Services Fees Determinations).

Due to the repeal of the Quarantine Act, the Quarantine Services Fees Determinations have no effect. The new provisions relating to fees under the Biosecurity Act are set out in the Biosecurity Regulation 2016.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon. Barnaby Joyce MP

Deputy Prime Minister and Minister for Agriculture and Water Resources