Export Control (Fees) Orders 2001

as amended

made under regulation 3 of the

Export Control (Orders) Regulations 1982

This compilation was prepared on 15 September 2009
taking into account amendments up to Export Control (Fees) Amendment
Orders 2007 (No. 3)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary 

 1 Citation [see Note 1]

 2 Commencement and application 

 3 Repeal 

 4 Interpretation 

Part 1A Milk products establishments 

 4A Application of Part 1A 

 4B Definitions for Part 1A 

 4C Fees for on‑site export inspection services 

 4D Fees for external export inspection services 

 4E Fee for exemption from Export Control Orders — service provided by the Secretary             

 4F Fee for application for registration 

 4G Registration fee 

Part 2 Meat, game, poultry and rabbit meat inspection fees 

 5 Interpretation 

 6 Fees when services provided on hourly basis 

 7 Fees when services provided on annual, four‑weekly, weekly or daily basis             

 8 Shutdown 

 9 Industrial action by authorised officers 

 10 Industrial action by other workers 

 11 Fee imposition premise 

 12 Insufficient notice of change to allocation 

 13 Insufficient notice of termination of additional inspection services 

Part 3 Inspection fees for certain other prescribed goods 

 14 Application 

 15 Fee rates 

 16 Fees for overtime 

 17 Fees for shift work 

 18 Fees for overtime performed after shift work 

 19 Fees for services away from ordinary place of work 

 20 Fees for particular services 

 21 Travel 

Part 4 Fees in relation to live animals and animal reproductive material             

 23 Fees for particular services 

 23AA Fees for inspection of cattle, buffalo, sheep and goats to be exported by sea             

 23AB Fees for applications 

 23A Disability dogs 

 24 Travel 

Part 5 Export documentation fees 

 25 Various documentation fees 

 26 Documentation fees for building plans 

 27 Supervision of shipping marks 

 28 Organic produce certification 

 29 Annual fee for EXDOC registered user exporting fish 

 30 Fee for EXDOC use by non‑registered user — horticulture products             

 31 By whom fees payable 

Part 7 Service fee for horticulture products 

 34 Service fee for horticulture products 

 35 By whom fees payable 

Part 8 Fees for approved auditors — milk, eggs and fish 

 36 Definition of approved auditor for Part 8 

 38 Fee for approving auditors 

 39 Fees for auditing operations of approved auditors 

 40 By whom fees payable 

Part 9 Collection of fees 

 41 Due date for payment of fees for services — general 

 42 Due date for payment of annual inspection fees 

 42AA Due date for payment of certain fees under Part 1A 

 42A Due date for payment of fees under Part 4 

 43 Due date for payment of fees under Part 7 

 44 Due date for payment of documentation fees 

 45 Withdrawal of inspection services 

 46 Due date for payment of fees under Part 8 

 47 Penalty fees 

 48 Recovery of fees 

 49 Remission of fees 

Part 10 Miscellaneous 

 51 Fees not to apply 

 52 Replacement certificates 

 53 Review of decisions 

Schedule 1A Registration fees for milk products establishments 

Schedule 1 Meat game, poultry and rabbit meat inspection rates 

Schedule 2 Inspection rates for certain other prescribed goods 

Part A Overtime and shiftwork 

Part B Additional fees for services provided away from ordinary place of work 

Schedule 3 Fees for particular services 

Schedule 4 Fees for live animals and animal reproductive material 

Schedule 5 Export documentation fees 

Notes   

Part 1 Preliminary

1 Citation [see Note 1]

  These Orders may be cited as the Export Control (Fees) Orders 2001.

2 Commencement and application

 (1) Subject to suborder (2), these Orders commence on 1 November 2001.

 (2) The repeals of Part 3C of the Export Control (Fees) Orders 1986, as amended, and of the provisions of those Orders imposing an annual fee for an EXDOC registered user’s interaction with EXDOC in respect of exports of horticulture products are taken to have commenced on 1 July 2001.

 (3) If a service in respect of which a fee is imposed by these Orders started to be performed before 1 November 2001, the applicable fee for the service in respect of the period before that date is to be ascertained in accordance with the Export Control (Fees) Orders 1986, as amended.

3 Repeal

  The following Orders are repealed:

 (a) Export Control (Fees) Orders 1986;

 (b) each amendment of those Orders.

4 Interpretation

 (1) In these Orders, unless the contrary intention appears, words have the same meaning as in the Export Control (Prescribed Goods — General) Order 2005, except that:

additional inspection services means inspection services that are provided to an establishment in addition to the core inspection services provided to the establishment in accordance with an arrangement entered into between AQIS and the establishment.

animal reproductive material has the same meaning as in the Export Control (Animals) Order 2004.

approved arrangement means an arrangement between the Department and a person or organisation that prepares for export a commodity in relation
to which orders under the Export Control (Orders) Regulations 1982 (including these Orders) apply, being an arrangement:

 (a) under which the person or organisation implements and operates a system of preparation that is of a standard agreed between the person or organisation and the Department; and

 (b) that provides for the Department to audit the implementation and operation of the system; and

 (c) that is described in such orders as an approved arrangement, a certification assurance arrangement or in a similar way.

Note    For example, arrangements approved under clause 14 of Schedule 2 of the Export Control (Fish and Fish Products) Orders 2005 are approved arrangements.

approved form, in relation to a certificate as to condition of goods, means a form approved by the Secretary for the purpose of the issuing of the certificate.

AQIS means the Australian Quarantine and Inspection Service.

Area Technical Manager means a veterinary officer from AQIS whose services are made available to provide technical support and auditing functions for the purposes of the Act.

cut flowers means cut flowers to which the Export Control (Plants and Plant Products) Orders 2005 apply.

dried fruit means dried fruit to which the Export Control (Plants and Plant Products) Orders 2005 apply.

egg has the meaning given by order 7 of the Export Control (Eggs and Egg Products) Orders 2005.

egg product has the meaning given by order 7 of the Export Control (Eggs and Egg Products) Orders 2005.

EXDOC means the AQIS electronic export documentation system.

EXDOC registered user means an entity registered to interact with EXDOC either directly or via a third party agent.

fee means an amount required to be paid by a person pursuant to these Orders.

fish has the meaning given by order 8 of the Export Control (Fish and Fish Products) Orders 2005.

fish product has the meaning given by order 8 of the Export Control (Fish and Fish Products) Orders 2005.

fresh fruit means fresh fruit to which the Export Control (Plants and Plant Products) Orders 2005 apply.

government certificate means an instrument in writing issued by the Secretary:

 (a) for eggs and egg products — under clause 23.1 of Schedule 9 to the Export Control (Eggs and Egg Products) Orders 2005; or

 (b) for fish and fish products — under clause 23.1 of Schedule 9 to the Export Control (Fish and Fish Products) Orders 2005; or

 (c) for milk and milk products — under clause 23.1 of Schedule 9 to the Export Control (Milk and Milk Products) Orders 2005.

grain means grain to which the Export Control (Plants and Plant Products) Orders 2005 apply.

half hour includes part of a half hour.

horticulture products means fresh fruit, fresh vegetables, cut flowers, nursery stock, unprocessed nuts or dried fruit.

hour includes part of an hour.

in‑office inspection means an export inspection service carried out by an authorised officer at an office of the Department or an office of a Department of the Government of a State or Territory.

inspection service includes an auditing service.

meat has the same meaning as in the Export Control (Meat and Meat Products) Orders 2005

meat products has the same meaning as in the Export Control (Meat and Meat Products) Orders 2005

milk has the meaning given by order 7 of the Export Control (Milk and Milk Products) Orders 2005.

milk product has the meaning given by order 7 of the Export Control (Milk and Milk Products) Orders 2005.

milk products establishment means an establishment registered for operations associated with the preparation of milk or milk products for export.

mung beans has the same meaning as in the Export Control (Plants and Plant Products) Orders 2005.

nursery stock means nursery stock to which the Grain, Plants and Plant Products Orders apply.

out of office inspection means an export inspection service carried out by an authorised officer otherwise than at an office of the Department or an office of a Department of the Government of a State or Territory.

plants means plants to which the Export Control (Plants and Plant Products) Orders 2005 apply.

plant products means plant products to which the Export Control (Plants and Plant Products) Orders 2005 apply.

processed fruits and vegetables has the same meaning as in the Export Control (Processed Fruits and Vegetables) Orders.

quarter hour includes a part of a quarter hour.

request for permit means a notice of intention to export given by an EXDOC registered user.

Secretary has the meaning given by section 3 of the Export Control Act 1982.

slaughter when used to describe a kind of animal means an animal of that kind that is intended to be slaughtered for consumption in the country to which that animal is to be exported.

Verification Unit means the unit of that name within AQIS.

weekday, in relation to a place at which services are provided, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a public holiday in that place.

 (2) A reference in these Orders to specified Orders made under the Export Control (Orders) Regulations 1982 is to be read as a reference to those Orders as originally made and as amended from time to time.

Part 1A Milk products establishments

4A Application of Part 1A

  This Part applies to:

 (a) an export inspection service for milk or milk products provided on or after 1 October 2007; and

 (b) an exemption mentioned in order 4E given on or after 1 October 2007; and

 (c) an application mentioned in order 4F made on or after 1 July 2008; and

 (d) the registration of an establishment as a milk products establishment for a financial year beginning on or after 1 July 2008.

4B Definitions for Part 1A

  In this Part:

authorised officer has the meaning given by section 3 of the Export Control Act 1982.

external export inspection service means an export inspection service for milk or milk products, provided by an authorised officer, that:

 (a) is carried out at an office of the Department, or an office of a Department of the Government of a State or Territory; and

 (b) does not relate to the preparation of documents for:

 (i) the export of milk or milk products; or

 (ii) the giving of an exemption under Division VI of Part 2 of the Export Control (Milk and Milk Products) Orders 2005.

occupier has the meaning given by order 7 of the Export Control (Milk and Milk Products) Orders 2005.

on‑site export inspection service means an export inspection service that is provided at a milk products establishment by an authorised officer.

4C Fees for on‑site export inspection services

 (1) A fee is imposed for the provision of an on‑site export inspection service.

 (2) If the request for the service was received by AQIS before 1 October 2007, the fee for the service is the sum of:

 (a) $60 for the first 30 minutes or part of 30 minutes taken in providing the service; and

 (b) $30 for each additional 15 minutes or part of 15 minutes taken in providing the service.

 (3) If the request for the service was received by AQIS on or after 1 October 2007, the fee for the service is the sum of:

 (a) $134 for the first 30 minutes or part of 30 minutes taken in providing the service; and

 (b) $67 for each additional 15 minutes or part of 15 minutes taken in providing the service.

 (4) The fee is payable by the person who is the occupier of the establishment at the time the service is provided.

 (5) In this order, an on‑site export inspection service is taken to have been provided if an authorised officer attends a milk products establishment in connection with the Export Control Act 1982 or an order made under the Export Control (Orders) Regulations 1982.             

4D Fees for external export inspection services

 (1) A fee is imposed for the provision of an external export inspection service.

 (2) If the request for the service was received by AQIS before 1 October 2007, the fee for the service is the sum of:

 (a) $60 for the first 30 minutes or part of 30 minutes taken in providing the service; and

 (b) $30 for each additional 15 minutes or part of 15 minutes taken in providing the service.

 (3) If the request for the service was received by AQIS on or after 1 October 2007, the fee for the service is the sum of:

 (a) $134 for the first 30 minutes or part of 30 minutes taken in providing the service; and

 (b) $67 for each additional 15 minutes or part of 15 minutes taken in providing the service.

 (4) The fee is payable by the person who is the occupier of the establishment at the time the service is provided.

4E Fee for exemption from Export Control Orders — service provided by the Secretary

 (1) A fee is imposed for the giving of an exemption by the Secretary under Division VI of Part 2 of the Export Control (Milk and Milk Products Orders) 2005.

 (2) The fee is:

 (a)  for the first exemption in a year — $170; and

 (b) for a second exemption in a year — $284; and

 (c) for a third or subsequent exemption in a year — $567.

 (3) The fee for the giving of an exemption is payable by the person who applied for the exemption.

 (4) In this order:

year means 12 months commencing on the day that the application for the first exemption is made.

 (5) In counting the number of exemptions in a year, an exemption given by the Secretary before 1 October 2007 is taken to be an exemption for this order.

4F Fee for application for registration

 (1) A fee of $300 is imposed for the making of an application for registration of an establishment for operations associated with the preparation of milk or milk products for export.

 (2) The fee is payable by the applicant.

4G Registration fee

 (1) A fee is imposed for the registration of a milk products establishment for a financial year.

 (2) The fee is:

 (a) if the first day in the financial year on which the establishment is registered is 1 July — the fee mentioned in Schedule 1A that applies to the establishment on that 1 July; or

 (b) if the first day in the financial year on which the establishment is registered is not 1 July — the fee calculated using the following formula:

where:

  annual fee, for a financial year, means the fee mentioned in the item of Schedule 1A that applies to the establishment on the first day in the financial year on which the establishment is registered.

  registered days, for a financial year, means the number of days in the financial year on which the establishment is registered.

 (3) If 2 or more items in Schedule 1A apply to a milk products establishment, the fee that applies to the establishment is the higher or highest of the fees mentioned for the items.

 (4) The fee is payable by the person who is the occupier of the establishment on the day when the fee is due for payment.

Part 2 Meat, game, poultry and rabbit meat inspection fees

5 Interpretation

  In this Part, registered establishment means an establishment registered under the Export Control (Prescribed Goods — General) Order 2005 for the preparation of prescribed goods under the Export Control (Meat and Meat Products) Orders 2005 or the Game, Poultry and Rabbit Meat Orders.

6 Fees when services provided on hourly basis

 (1) When an authorised officer provides inspection services to a registered establishment on an hourly basis, the fee payable by the occupier of the establishment is the total of:

 (a) the number of hours for which the relevant officer’s services are provided, multiplied by the appropriate hourly rate specified in item 1 of Schedule 1 for the officer;

 (b) if a shift loading is payable for some or all of the hours worked by the officer — the appropriate shift loading; and

 (c) if overtime is payable for some or all of the hours worked by the officer — the appropriate overtime loading.

 (2) For paragraph (1) (b) the appropriate shift loading is the amount worked out by the formula:

where:

S is the rate per quarter hour for shift loading for the officer (in accordance with Table 1 if the officer is a meat inspector or Table 2 if the officer is a veterinarian); and

N is the number of quarter hours in the time during which the services are provided.

 (3) For paragraph (1) (c), the appropriate overtime loading is the amount worked out by the formula:

where:

O is the rate per quarter hour for overtime loading for the officer (in accordance with Table 3 if the officer is a meat inspector or Table 4 if the officer is a veterinarian); and

N is the number of quarter hours in the time during which the services are provided.

 (4) In working out the fee:

 (a) if the time during which  the officer’s services are provided is not continuous with the officer’s ordinary hours of duty, the minimum amount payable for overtime loading is that for 4 hours, as set out in Table 5 or 6, as the case may be; and

 (b) in all cases, the time is to be rounded up to the next whole quarter hour.

Table 1 Shift loadings — meat inspectors

Table 2 Shift loadings — veterinary officers

Table 3 Overtime loadings — meat inspectors

Table 4 Overtime loadings — veterinary officers

Table 5 Minimum charges for overtime if services provided non‑continuously with ordinary duty — meat inspectors

Table 6 Minimum charges for overtime if services provided non‑continuously with ordinary duty — veterinary officers

7 Fees when services provided on annual, four‑weekly, weekly or daily basis

 (1) When an authorised officer provides inspection services to a registered establishment on an annual, four‑weekly, weekly or daily basis, the fee payable by the occupier of that establishment is the amount ascertained by applying the annual rate, four‑weekly rate, weekly rate or daily rate specified in item 2 of Schedule 1 for each annual, four‑weekly, weekly or daily provision, as the case may be.

 (2) When a registered establishment that has been allocated inspection services on an annual basis gives the Secretary notice during the year concerned that services on that basis are no longer required, the amount due in respect of that year will be recalculated and charged at the four‑weekly rate.

 (3) The payment of fees under this order does not affect an occupier’s liability to pay, as appropriate, other fees in respect of shift loading or overtime loading in accordance with order 6.

8 Shutdown

 (1) If an occupier of a registered establishment gives 2 weeks’ or more notice in writing to the Secretary that inspection services that are provided on a monthly basis are not required for a period of shutdown specified in the notice, no fee is payable for that period of shutdown and the monthly fees payable are reduced proportionately for the remainder of any month in which the shutdown occurs.

 (2) If an occupier of a registered establishment gives less than 2 weeks’ notice in writing to the Secretary that inspection services that are provided on a monthly or weekly basis are not required for a period of shutdown specified in the notice, the occupier must pay proportionately the relevant fee for the first week of that period of shutdown.

 (3) If an occupier of a registered establishment gives less than 2 weeks’ notice in writing to the Secretary that inspection services that are provided on a daily basis are not required for a period of shutdown specified in the notice, the occupier must pay for the first day of that period of shutdown.

 (4) This order does not apply to registered establishments that have inspection services allocated on an annual basis or on a basis which includes an allocation of services on an annual basis.

 (5) In this order, period of shutdown means a continuous period of 14 days or more.

9 Industrial action by authorised officers

 (1) If inspection services are not supplied because of industrial action by authorised officers, the fee payable is reduced proportionately for each day or part day that inspection services are not supplied.

 (2) In this order, part day means a half day or more.

10 Industrial action by other workers

  If inspection services that are allocated to a registered establishment cannot be used because of industrial action by workers other than authorised officers at the establishment, the occupier must continue to pay the relevant fees for inspection services for the duration of the industrial action unless the inspection services are able to be allocated to another registered establishment during that period.

11 Fee imposition premise

  Subject to orders 8, 9 and 10, the relevant fee is payable for each provision of inspection services irrespective of:

 (a) for annual and monthly provisions — the number of days in any month on which inspection services are supplied;

 (b) for weekly provisions — the number of days in any week on which inspection services are supplied; or

 (c) for daily provisions — the number of hours in any day during which the inspection services are supplied.

12 Insufficient notice of change to allocation

  If, in relation to the allocation of annual inspection services to a registered establishment, the occupier gives less than four weeks’ notice of a reduction in inspection services:

 (a) the occupier must pay for his or her total allocation of inspection services until:

 (i) the unwanted inspection services are allocated to another registered establishment; or

 (ii) the period of four weeks after the giving of the notice expires;

whichever first happens; and

 (b) the amount due in respect of services provided during that year will be recalculated and charged at the four‑weekly rate.

13 Insufficient notice of termination of additional inspection services

  If, in relation to the allocation of additional inspection services to a registered establishment, the occupier gives less than 2 weeks’ notice of the termination or any or all of those services, the occupier must pay for those services until:

 (a) they are allocated to another registered establishment; or

 (b) the period of notice expires;

whichever first happens.

Part 3 Inspection fees for certain other prescribed goods

14 Application

  This Part imposes fees for inspection services in respect of the export of the following goods:

 (a) grains (whether prescribed grains or not);

 (b) horticulture products;

 (c) mung beans;

 (d) plants or plant products;

 (e) fish or fish products;

 (f) eggs or egg products;

 (g) goods in respect of which an application under section 8.05 of the Export Control (Prescribed Goods — General) Order 2005 has been made.

15 Fee rates

  The fee payable by reference to a fee rate specified in order 16, 17 or 18 means the amount ascertained in accordance with Part A of Schedule 2 in relation to that fee rate.

16 Fees for overtime

 (1) When, at the request of a person, the services of an authorised officer are made available for the purposes of the Act or any orders made under the regulations and the officer is entitled to overtime, the person to whom the services are made available must pay:

 (a) if the officer is entitled to single time rate — fee rate A;

 (b) if the officer is entitled to time and a half rate — fee rate B;

 (c) if the officer is entitled to double time rate — fee rate C;

 (d) if the officer is entitled to double time and a half rate — fee rate D.

 (1A) Despite suborder 16 (1), if the services of an authorised officer are made available in respect of the export of horticulture products and the officer is entitled to overtime, the person to whom the services are made available must pay:

 (a) if the services are performed continuously with ordinary duty — $9 per quarter hour; or

 (b) if the services are performed non‑continuously with ordinary duty — $9 per quarter hour subject to a minimum of $141.

 (1B) Despite suborder 16 (1), if the services of an authorised officer are made available in respect of the export of:

 (a) fish or fish products; or

 (b) eggs or egg products; or

 (c) goods in respect of which an application under section 8.05 of the Export Control (Prescribed Goods — General) Order 2005 has been made;

and the officer is entitled to overtime, the person to whom the services are made available must pay:

 (d) if the officer is entitled to single time rate — $8.40 per quarter hour; or

 (e) if the officer is entitled to time and a half rate — $12.60 per quarter hour, subject to a minimum of $150.80 if the services are performed non‑continuously with ordinary duty; or

 (f) if the officer is entitled to double time rate — $16.80 per quarter hour, subject to a minimum of $201.10 if the services are performed non‑continuously with ordinary duty; or

 (g) if the officer is entitled to double time and a half rate — $21 per quarter hour, subject to a minimum of $251.40 if the services are performed non‑continuously with ordinary duty.

 (2) This order applies in relation to the services of an authorised officer other than services of the kind referred to in order 17.

17 Fees for shift work

  When, at the request of a person, the services of an authorised officer are made available for the purposes of the Act or any orders made under the regulations and the officer performs shiftwork, the person to whom the services are made available must pay:

 (a) in respect of services rendered on a weekday — fee rate E;

 (b) in respect of services rendered on a Saturday — fee rate F;

 (c) in respect of services rendered on a Sunday — fee rate G; or

 (d) in respect of services rendered at a place on a day which is a public holiday at that place — fee rate H for ordinary hours of duty and thereafter fee rate I.

18 Fees for overtime performed after shift work

  When the services of an authorised officer are rendered in respect of a period of overtime adjoining a period of shiftwork, the applicable fee rate specified in order 16 applies in respect of that period of overtime.

19 Fees for services away from ordinary place of work

 (1) When, at the request of a person, the services of an authorised officer are made available at a place that is away from the officer’s ordinary place of work and it is necessary for the officer to stay overnight, the person to whom the services are made available must pay the additional fee specified Part B of Schedule 2 for each night of the stay.

 (2) This order does not apply in relation to inspection services for horticulture products, fish or fish products, eggs or egg products or goods in respect of which an application under section 8.05 of the Export Control (Prescribed Goods — General) Order 2005 has been made.

20 Fees for particular services

 (1) When, at the request of a person, the services of an authorised officer are made available for a particular purpose, the person to whom the services are made available must pay the fee, if any, specified in the item in Schedule 3 that relates to those services.

 (2) The payment of fees under this order does not affect a person’s liability to pay, as appropriate, other fees in accordance with orders 16 to 19 inclusive.

21 Travel

 (1) The period in respect of which a fee imposed by order 16 or 18 is charged includes the time reasonably taken by the authorised officer in travelling to and returning from the place where the officer’s attendance is required.

 (2) Where an authorised officer performs inspection services for horticulture products, the fee payable for the distance travelled by the authorised officer in going from the officer’s ordinary place of work to, and returning from, the place where the officer’s services are provided is 50 cents per kilometre or part thereof.

 (3) When an authorised officer performs inspection services for grains, the fee payable for the distance travelled by the authorised officer in going from the officer’s ordinary place of work to, and returning from, the place where the officer’s services are provided is 50 cents per kilometre.

Part 4 Fees in relation to live animals and animal reproductive material

23 Fees for particular services

  When, at the request of a person, services are made available for a particular purpose related to the export of live animals or animal reproductive material, the person to whom the services are made available must pay the fee, if any, specified in the item in Schedule 4 that relates to those services.

23AA Fees for inspection of cattle, buffalo, sheep and goats to be exported by sea

 (1) In this order:

exporter means a person so referred to in suborder (2).

inspection services, in relation to a proposed export, means services provided for the purpose of determining whether Australian export requirements and, if relevant, the export requirements of the foreign country to which the export is proposed have been met in relation to the export.

outport means a place specified in column 1 of Table 23AA.2.

outport fee means an amount payable under suborder (4).

tier 1 foreign country, for cattle or buffalo, means each of the following:

 (a) the Kingdom of Bahrain;

 (b) Brunei Darussalam (Brunei);

 (c) the Arab Republic of Egypt;

 (d) the Republic of Indonesia;

 (e) the Hashemite Kingdom of Jordan;

 (f) the State of Kuwait;

 (g) Malaysia;

 (h) the United Mexican States (Mexico);

 (i) the Sultanate of Oman;

 (j) the Republic of the Philippines;

 (k) the State of Qatar;

 (l) the Kingdom of Saudi Arabia;

 (m) United Arab Emirates.

tier 1 foreign country, for slaughter sheep or goats, means each of the following:

 (a) the Kingdom of Bahrain;

 (b) Brunei Darussalam (Brunei);

 (c) the People's Republic of China;

 (d) the Arab Republic of Egypt;

 (e) the Republic of Indonesia;

 (f) Israel;

 (g) the Hashemite Kingdom of Jordan;

 (h) the State of Kuwait;

 (i) Malaysia;

 (j) the United Mexican States (Mexico);

 (k) the Sultanate of Oman;

 (l) the Republic of the Philippines;

 (m) the State of Qatar;

 (n) United Arab Emirates.

tier 2 foreign country, for cattle or buffalo, means each of the following:

 (a) the People's Republic of China;

 (b) Israel;

 (c) Japan;

 (d) the Republic of Korea (South Korea).

tier 2 foreign country, for slaughter sheep or goats, means the Kingdom of Saudi Arabia.

 (2) Subject to this order, where, in accordance with arrangements made by or on behalf of a person (the exporter), inspection services are made available in connection with the intended export by sea of cattle, buffalo, sheep or goats to a place in a foreign country that is a tier 1 foreign country or a tier 2 foreign country for the cattle, buffalo, sheep or goats (as relevant), the exporter must pay a fee equal to the sum of:

 (a) the per head fee, calculated in accordance with Table 23AA.1; and

 (b) if suborder (3) applies—the suborder (3) fee, calculated in accordance with Table 23AA.1; and

 (c) if the inspection services are made available at an outport—the outport fee.

Table 23AA.1

 (3) This suborder applies where, in the opinion of an authorised officer performing the inspection services, the period it is necessary for an officer to spend in conducting the inspection exceeds the relevant period specified in Table 23AA.1 because the animals to be inspected, or the documentation in relation to the inspection, has not been prepared properly.

 (4) The outport fee, for inspection services made available at a place listed in column 1 of Table 23AA.2 (an outport), is the amount determined in accordance with column 2 of that Table in relation to that place.

Table 23AA.2

 (5) An arrangement with an exporter, referred to in this order, for an authorised officer to travel to an outport by air must include provision for the exporter to arrange and meet the cost of the air ticket.

 (6) Where arrangements are made by or on behalf of 2 or more exporters for inspections of cattle, buffalo, sheep or goats to be exported on the same voyage, to be carried out at an outport:

 (a) only 1 outport fee is payable in respect of the arrangement; and

 (b) the exporters are jointly and severally liable to pay the outport fee.

23AB Fees for applications

 (1) The fees payable for or in relation to an application for accreditation made by a veterinarian under section 4A.04 of the Export Control (Animals) Order 2004 are:

(a) for subsection 9B (3) of the Act, a fee for the making of the application — $192; and

(b) a fee of $48 for each quarter hour for services performed by the Secretary or a delegate of the Secretary in connection with:

(i) additional processing of the application; or

(ii) assessing the application; or

(iii) giving a notice of accreditation under section 4A.02 of the Export Control (Animals) Order 2004.

 (2) The fee payable in relation to an application for registration of premises under Division 2.2 of the Export Control (Animals) Order 2004 is a fee of $48 for each quarter hour for services performed by an authorised officer, the Secretary or a delegate of the Secretary in connection with:

 (a) processing the application; or

 (b) assessing the application; or

 (c) giving notice of a decision under section 2.08 of the Export Control (Animals) Order 2004.

Note   In assessing an application for registration of premises, the Secretary may ask the applicant to permit an authorised officer to perform the services mentioned in paragraph 2.06 (1) (b) of the Export Control (Animals) Order 2004.  The fee prescribed under suborder (2) is payable for those services.

 (3) The fee payable in relation to an application for approval of premises under Part 3 of the Export Control (Animals) Order 2004 is a fee of $48 for each quarter hour for services performed by an authorised officer, the Secretary or a delegate of the Secretary in connection with:

 (a) processing the application; or

 (b) assessing the application; or

 (c) giving notice of a decision under subsection 3.07 (3) of the Export Control (Animals) Order 2004.

Note   In assessing an application for approval of premises, the Secretary, under paragraph 3.06 (2) (b) of the Export Control (Animals) Order 2004, may request the applicant to allow an authorised officer to inspect the premises.  The fee prescribed under suborder (3) is payable for these inspection services.

23A Disability dogs

  Nothing in this Part or in Schedule 4 is taken to impose any fee for any service in connection with the export of a dog if:

 (a) the dog has been professionally trained to assist a person with a particular disability; and

 (b) when the dog is exported, it 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.

24 Travel

 (1) When an authorised officer performs services in respect of exports of live animals or animal reproductive material, the person to whom the services are made available (the exporter) must pay a fee of $0.50 for each kilometre travelled by the officer in going from the officer’s ordinary place of work to the place where the services are provided, and returning from that place to the officer’s ordinary place of work.

 (2) If it is necessary for an officer referred to in suborder (1) to stay overnight, the fee payable for each night of the stay is $173.

 (3) If inspection services are made available at an outport as defined in order 23AA:

 (a) suborder (1) does not apply; and

 (b) the fee payable for travel reasonably undertaken for the purposes of the inspection services by the officer while at or based at the outport is $0.50 per kilometre.

Part 5 Export documentation fees

25 Various documentation fees

  The fee payable for the issue of a document in relation to the export of:

 (a) meat or meat products or game, poultry or rabbit meat products;

 (b) fish or fish products;

 (c) milk or milk products;

 (d) horticulture products;

 (e) grains;

 (f) eggs or egg products;

 (g) processed fruit or vegetables;

 (h) mung beans, grains other than prescribed grains, plants or plant products;

 (i) goods in respect of which an application under section 8.05 of the Export Control (Prescribed Goods — General) Order 2005 has been made;

is the amount specified in the relevant item of Schedule 5.

26 Documentation fees for building plans

 (1) The fee payable for examination and approval of building plans for new establishments or alterations to existing establishments is $88 per hour, plus travel costs.

 (2) This order does not apply in relation to establishments for the preparation of grains, horticulture products, mung beans, plants or plant products.

27 Supervision of shipping marks

 (1) The fee payable for the services of an authorised officer in providing appropriate supervision for the application of shipping marks to goods is $82.00 per hour.

 (2) In addition to the fee imposed by suborder (1), the person requesting the service must pay the reasonable travelling and accommodation expenses of the authorised officer providing the service.

 (3) This order does not apply in relation to grains, horticulture products, mung beans, plants or plant products.

28 Organic produce certification

  For the purposes of the Export Control (Organic Produce Certification) Orders:

 (a) a fee of $7,100 is payable by an organisation seeking the issue to it of a QM certificate;

 (b) an approved certifying organisation must pay an annual service fee of $7,500 per year, payable in quarterly instalments; and

 (c) a person receiving an auditing service, including an in‑office service, must pay a fee of $289 per hour.

29 Annual fee for EXDOC registered user exporting fish

 (1) The fee payable for the services of an authorised officer in relation to the interaction with EXDOC by an EXDOC registered user who has, at the time of application to interact with EXDOC, nominated fish or fish products as the only kind of goods to be exported using EXDOC is $150 for each year or part of a year during which the user interacts with EXDOC.

 (2) In this order:

EXDOC registered user means an entity who is an EXDOC registered user and who is not the occupier of an establishment registered to carry on operations in respect of fish or fish products.

year means:

 (a) the period of 12 months commencing on the day when the user applies to interact with EXDOC; and

 (b) each consecutive period of 12 months.

30 Fee for EXDOC use by non‑registered user — horticulture products

 (1) This order applies to an exporter of horticulture products who is not an EXDOC registered user.

 (2) The fee payable for the services of an authorised officer in relation to the exporter’s interaction with EXDOC is $50 for each request for an export permit that the exporter makes using EXDOC.

31 By whom fees payable

 (1) The fee under order 25 is payable by the person to whom the document concerned is issued.

 (2) The fee under order 26 is payable by the occupier of the establishment in respect of which the application is made.

 (3) The fee under order 27 is payable by the person who requests the services.

Part 7 Service fee for horticulture products

34 Service fee for horticulture products

 (1) The service fee payable by an exporter for authorised officers carrying out export‑related activities for horticulture products to be exported by the exporter is $1.90 for each tonne, or part thereof, of horticulture products exported in a financial year by the exporter, up to 5,000 tonnes.

 (2) In suborder (1), export‑related activities means activities that support
the export process and the integrity of AQIS certification, including the following:

 (a) developing, implementing and maintaining systems that enable AQIS to issue export permits and certificates;

 (b) collecting information required to assess applications;

 (c) corresponding and negotiating with foreign countries about importing country requirements;

 (d) making information about importing country requirements of foreign countries available to exporters;

 (e) facilitating compliance with importing country requirements through input into industry and bilateral meetings.

35 By whom fees payable

  The fee under order 34 is payable by the exporter to whom the export permit is granted under the Export Control (Prescribed Goods — General) Order 2005.

Part 8 Fees for approved auditors — milk, eggs and fish

36 Definition of approved auditor for Part 8

  In this Part:

approved auditor means an auditor approved:

 (a) for eggs and egg products — under clause 5.1 of Schedule 10 to the Export Control (Eggs and Egg Products) Orders 2005; or

 (b) for fish and fish products — under clause 5.1 of Schedule 10 to the Export Control               (Fish and Fish Products) Orders 2005; or

 (c) for milk and milk products — under clause 5.1 of Schedule 10 to the Export Control               (Milk and Milk Products) Orders 2005.

38 Fee for approving auditors

  The fee payable for the services of an authorised officer in relation to an application for approval of a person as an approved auditor is $400.

39 Fees for auditing operations of approved auditors

  The fee payable for the services of an authorised officer in auditing the operations of an approved auditor is:

 (a) $70 for the first half hour; and

 (b) $30 for each subsequent quarter hour.

40 By whom fees payable

 (2) The fee under order 38 is payable by the person who applies for the approval.

 (3) The fee under order 39 is payable by the approved auditor being audited.

Part 9 Collection of fees

41 Due date for payment of fees for services — general

 (1) Fees become due for payment:

 (a) if the fee is determined before the provision of the service — on demand by an authorised officer; or

 (b) in any other case — at any time from the date that an invoice is issued by AQIS and before the due date shown on that invoice.

 (2) The Secretary may, in a particular case:

 (a) extend the time for payment of an unpaid fee or late penalty fee; or

 (b) allow an unpaid fee or late penalty payment to be paid by instalments.

42 Due date for payment of annual inspection fees

  Despite order 41, an annual inspection fee is payable in monthly instalments with each instalment due on the date shown on the invoice issued by AQIS.

42AA Due date for payment of certain fees under Part 1A

 (1) A fee for an application mentioned in order 4F must be paid at the time the application is made.

 (2) A registration fee mentioned in order 4G must be paid not later than the due date shown on the invoice issued by AQIS for the fee.

 (3) The Secretary may, in a particular case:

 (a) extend the time for payment of an unpaid fee; or

 (b) allow an unpaid fee to be paid by instalments.

 (4) In making a decision under suborder (3), the Secretary must consider:

 (a) the financial circumstances of the person by whom the fee is payable; and

 (b) any other relevant matter.

42A Due date for payment of fees under Part 4

  Despite order 41, a fee imposed by paragraph 23AB (1) (a) must be paid at the time of making the application.

43 Due date for payment of fees under Part 7

 (1) Despite order 41, a fee mentioned in Part 7 must be paid:

 (a) after an invoice for the fee is issued by AQIS; and

 (b) on or before the date required by the invoice.

 (2) However, the Secretary may, in a particular case:

 (a) extend the time for payment of an unpaid fee or any penalty fee for late payment; or

 (b) allow an unpaid fee or any penalty fee for late payment to be paid by instalments.

44 Due date for payment of documentation fees

 (1) Subject to this order, a fee imposed under Part 5 must be paid not later than the due date shown on the invoice issued by AQIS.

 (2) A fee imposed for the issue of a document in relation to the export of horticulture products must be paid when the document is issued.  However, the Secretary may, in a particular case:

 (a) extend the time for payment of the fee; or

 (b) allow the fee to be paid by instalments.

 (3) A fee imposed by paragraph 28 (1) (b) must be paid immediately following completion of the provision of the auditing service.

45 Withdrawal of inspection services

  If fees payable for inspection services or penalty fees remain unpaid 14 days after the due date for payment, the Secretary may, after giving the person liable to pay them 14 days’ notice that inspection services may be withdrawn, withdraw those services.

46 Due date for payment of fees under Part 8

 (1) A fee imposed by order 37 or 38 must be paid at the time of making the application.

 (2) A fee imposed by order 39 must be paid not later than the due date shown on the invoice issued for the fee by AQIS.

47 Penalty fees

 (1) If fees payable for inspection services remain unpaid after the time when the payment is due, a penalty fee calculated at the rate of 20% per year on the amount unpaid is payable by the person by whom the fee is payable.

 (2) For suborder (1), fees payable for inspection services include, but are not limited to, fees payable under Part 8.

48 Recovery of fees

  An amount payable by a person under these Orders may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.

49 Remission of fees

  The Secretary may, in a particular case, for a reason the Secretary thinks sufficient, remit the whole or a part of an amount of a fee or penalty fee payable under these Orders.

Part 10 Miscellaneous

51 Fees not to apply

  The fees payable pursuant to these Orders do not apply to a shipment of animals exported from Australia by an organisation approved by the Secretary that provides aid or assistance in a foreign country.

52 Replacement certificates

  Despite any other provision of these Orders, a fee is not payable for a replacement certificate if the request for the replacement certificate is made because of the absence of a Departmental seal, official mark or officer’s signature or if the Secretary, for a reason that the Secretary thinks sufficient, waives the fee.

53 Review of decisions

  Part 16 of the Export Control (Prescribed Goods — General) Order 2005 applies to decisions made by the Secretary under these Orders.

Schedule 1A Registration fees for milk products establishments

(suborder 4G (2))

Schedule 1 Meat game, poultry and rabbit meat inspection rates

(orders 6 and 7)

Schedule 2 Inspection rates for certain other prescribed goods

(orders 16–19)

Part A Overtime and shiftwork

Part B Additional fees for services provided away from ordinary place of work

Schedule 3 Fees for particular services

(order 20)

Schedule 4 Fees for live animals and animal reproductive material

(order 23)

Schedule 5 Export documentation fees

(order 25)

Notes to the Export Control (Fees) Orders 2001

Note 1

The Export Control (Fees) Orders 2001 (in force under regulation 3 of the Export Control (Orders) Regulations 1982) as shown in this compilation is amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

(a) Export Control (Fees) Amendment Orders 2009 (No. 1) was disallowed by the Senate on
15 September 2009.

Table of Amendments

Table A Application, saving or transitional provisions

Export Control (Fees) Amendment Orders 2003 (No. 1)

3 Amendment of Export Control (Fees) Orders 2001 and  application

 (2) The amendment made by item 1 of Schedule 1 applies in relation to each annual service fee of an approved certifying organisation falling due on or after the date of commencement of that item.

Export Control (Fees) Amendment Orders 2006 (No. 4)

4 Application of amendment made by item [3] of Schedule 1

  The amendment made by item [3] of Schedule 1 does not affect the fee payable by any EXDOC registered user who applied to interact with EXDOC prior to the commencement of that amendment.

Export Control (Fees) Amendment Orders 2007 (No. 2)

4 Transitional

  The amendment made by item 2 of Schedule 1 applies in relation to:

 (a) an application for accreditation made by a veterinarian under section 4A.04 of the Export Control (Animals) Order 2004 on or after
1 October 2007; and

 (b) an application for registration of premises made under Division 2.2 of the Export Control (Animals) Order 2004 on or after 1 October 2007; and

 (c) an application for approval of premises made under Part 3 of the Export Control (Animals) Order 2004 on or after 1 October 2007.