Quarantine Service Fees Amendment (Cost Recovery) Determination 2015
I, Barnaby Joyce, Minister for Agriculture and Water Resources, make the following determination.
Barnaby Joyce
Minister for Agriculture and Water Resources
Quarantine Service Fees Amendment (Cost Recovery) Determination 2015
I, Barnaby Joyce, Minister for Agriculture and Water Resources, make the following determination.
Barnaby Joyce
Minister for Agriculture and Water Resources
Contents
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Quarantine Service Fees Determination 2005
This is the Quarantine Service Fees Amendment (Cost Recovery) Determination 2015.
(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Note: This table relates only to the provisions of this instrument as originally made.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.
This instrument is made under section 86E of the Quarantine Act 1908.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Quarantine Service Fees Determination 2005
1 Before section 1
Insert:
2 Section 3
Repeal the section, substitute:
This instrument is made under section 86E of the Quarantine Act 1908.
3 Section 4
Repeal the section.
4 Subsection 5(1)
Repeal the following definitions:
(a) definition of application;
(b) definition of assessable item;
(c) definition of assessment fee.
5 Subsection 5(1)
Insert:
basic fee means a fee payable for, or in relation to, a service mentioned in column 1 of an item in the table in subsection 6(1).
6 Subsection 5(1) (definition of booking fee)
Repeal the definition.
7 Subsection 5(1)
Insert:
category 1 permit application means an application for the grant, or variation, of a permit that an officer expects will take no longer than 30 minutes to assess.
category 2 permit application means an application for the grant, or variation, of a permit that an officer expects will take no longer than 1 hour to assess.
category 3 permit application means an application for the grant, or variation, of a permit that an officer expects will take no longer than 2 hours to assess.
category 4 permit application means an application for the grant, or variation, of a permit that an officer expects will take no longer than 3 hours to assess.
category 5 permit application means an application for the grant, or variation, of a permit that an officer expects will take no longer than 4 hours to assess.
8 Subsection 5(1)
Insert:
consignee, of goods, means the person who is the ultimate recipient of the goods, whether or not the person ordered or paid for the goods.
9 Subsection 5(1) (definition of consignment)
Omit “(4) and (5)”, substitute “(2) and (3)”.
10 Subsection 5(1)
Repeal the following definitions:
(a) definition of Customs;
(b) definition of Departmental entry management system.
11 Subsection 5(1) (definition of Departmental holiday)
Repeal the definition, substitute:
Departmental holiday, for the provision of a service, means a Monday, Tuesday, Wednesday, Thursday or Friday that is observed as a public holiday in the place where the service is provided.
12 Subsection 5(1) (definition of deposit)
Repeal the definition.
13 Subsection 5(1)
Insert:
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.
14 Subsection 5(1)
Repeal the following definitions:
(a) definition of electronic lodgment;
(b) definition of entry;
(c) definition of full import declaration.
15 Subsection 5(1)
Insert:
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).
16 Subsection 5(1)
Repeal the following definitions:
(a) definition of ICS;
(b) definition of import declaration.
17 Subsection 5(1)
Insert:
initial assessment fee:
(a) for a category 1 permit application—means the fee mentioned in column 2 of item 4 in the table in subsection 6(1); or
(b) for a category 2 permit application—means the fee mentioned in column 2 of item 5 in the table in subsection 6(1); or
(c) for a category 3 permit application—means the fee mentioned in column 2 of item 6 in the table in subsection 6(1); or
(d) for a category 4 permit application—means the fee mentioned in column 2 of item 7 in the table in subsection 6(1); or
(e) for a category 5 permit application—means the fee mentioned in column 2 of item 8 in the table in subsection 6(1).
18 Subsection 5(1) (definition of initial assessment period)
Repeal the definition, substitute:
initial assessment period:
(a) for a category 1 permit application—means the period of 30 minutes; or
(b) for a category 2 permit application—means the period of 1 hour; or
(c) for a category 3 permit application—means the period of 2 hours; or
(d) for a category 4 permit application—means the period of 3 hours; or
(e) for a category 5 permit application—means the period of 4 hours.
19 Subsection 5(1) (definition of in‑office)
Omit “performance” (wherever occurring), substitute “provision”.
20 Subsection 5(1)
Repeal the following definitions:
(a) definition of intake period;
(b) definition of kitten.
21 Subsection 5(1)
Insert:
late payment fee has the meaning given by subsection 86E(2B) of the Act.
22 Subsection 5(1)
Repeal the following definitions:
(a) definition of lodgment fee;
(b) definition of non‑standard goods;
(c) definition of official quarantine period.
23 Subsection 5(1)
Insert:
out‑of‑office, in relation to the provision of a service, means the provision of the service at a location where services of an officer are not available on an ongoing basis.
payment day has the meaning given by subsection 86E(1A) of the Act.
24 Subsection 5(1) (definition of permit)
Repeal the definition, substitute:
permit means a permit provided for by section 13 of the Act and the Quarantine Proclamation 1998.
25 Subsection 5(1)
Repeal the following definitions:
(a) definition of pup;
(b) definition of quarantine approved premises.
26 Subsection 5(1)
Insert:
quarantine service has the meaning given by subsection 86E(1A) of the Act.
27 Subsection 5(1) (definition of quarantine station)
Repeal the definition, substitute:
quarantine station means a place that:
(a) is appointed as a quarantine station by the Quarantine Proclamation 1998; and
(b) is operated by the Commonwealth or by another person for, or on behalf of, the Commonwealth.
28 Subsection 5(1) (definition of self‑assessed clearance declaration)
Repeal the definition.
29 Subsection 5(1) (definition of service)
Repeal the definition, substitute:
service means the doing of anything in connection with a matter referred to in any of paragraphs 86E(1)(a) to (f) of the Act.
30 Subsection 5(1) (definition of standard goods)
Repeal the definition.
31 Subsection 5(1)
Insert:
training means training of a person in relation to matters covered by:
(a) an approval of premises under section 46A of the Act; or
(b) a compliance agreement; or
(c) another arrangement with the Commonwealth.
32 Subsection 5(1) (definition of weekday)
Omit “performance”, substitute “provision”.
33 Subsection 5(1) (definition of weekday)
Omit “performed”, substitute “provided”.
34 Subsection 5(1) (definition of working day)
Omit “performance”, substitute “provision”.
35 Subsection 5(1) (definition of working day)
Omit “performs”, substitute “provides”.
36 Subsection 5(1) (definition of working week)
Repeal the definition.
37 Subsection 5(1) (note)
Repeal the note.
38 Subsections 5(2) to (5)
Repeal the subsections, substitute:
(2) For the purposes of this Determination, 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 Determination, a single animal or egg may constitute a consignment of bees, birds or eggs.
39 Before section 6
Insert:
40 Section 6
Repeal the section, substitute:
(1) The fee payable for, or in relation to, a service mentioned in column 1 of an item in the following table is the amount set out in, or worked out in accordance with, column 2 of the item.
Basic fees for services | |||
Item | Column 1 | Column 2 | |
1 | In‑office service provided during ordinary hours of duty, including the following: (a) inspection, examination, assessment, analysis, diagnostic service, clearance, treatment, audit, supervision, training, and any other service provided in relation to goods or a vessel (other than a service mentioned in another item of this table); (b) giving an approval; (c) entering into a compliance agreement | For each officer providing the service—$30 for each quarter hour or part of a quarter hour | |
In‑office service mentioned in paragraph (a), (b) or (c) of item 1 provided on a weekday outside ordinary hours of duty | For each officer providing the service: (a) if the service is provided immediately before or immediately after an in‑office service provided by the officer during ordinary hours of duty—$45 for each quarter hour or part of a quarter hour; or (b) in any other case: (i) for any period up to 30 minutes—$90; and (ii) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$45 | ||
3 | In‑office service mentioned in paragraph (a), (b) or (c) of item 1 provided on a Saturday, Sunday or a Departmental holiday | For each officer providing the service: (a) for any period up to 30 minutes—$100; and (b) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$50 | |
4 | Assessment of a category 1 permit application | For each application—$60 | |
5 | Assessment of a category 2 permit application | For each application—$120 | |
6 | Assessment of a category 3 permit application | For each application—$240 | |
7 | Assessment of a category 4 permit application | For each application—$360 | |
8 | Assessment of a category 5 permit application | For each application—$480 | |
9 | Assessment of a permit application mentioned in any of items 4 to 8 that is not completed within the initial assessment period for the application | For each application—for each quarter hour, or part of a quarter hour, after the initial assessment period for the application—$30 | |
10 | Assessment of a permit application mentioned in any of items 4 to 8 provided on a weekday outside ordinary hours of duty | For each application—in addition to the initial assessment fee for the application and any fee that applies to the application under item 9: (a) if the assessment is provided immediately before or immediately after ordinary hours of duty—$15 for each quarter hour or part of a quarter hour; or (b) in any other case: (i) for any period up to 30 minutes—$30; and (ii) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$15 | |
11 | Assessment of a permit application mentioned in any of items 4 to 8 provided on a Saturday, Sunday or a Departmental holiday | For each application—in addition to the initial assessment fee for the application and any fee that applies to the application under item 9: (a) for any period up to 30 minutes—$40; and (b) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$20 | |
12 | Out‑of‑office service provided during ordinary hours of duty, including the following: (a) inspection, examination, assessment, analysis, diagnostic service, clearance, treatment, audit, supervision, training, and any other service provided in relation to goods or a vessel (other than a service mentioned in another item of this table); (b) giving an approval; (c) entering into a compliance agreement | For each officer providing the service: (a) for less than a working day—$50 for each quarter hour or part of a quarter hour; or (b) for: (i) each working day—$1 000; and (ii) each additional quarter hour, or part of a quarter hour, on that day—$50 | |
13 | Out‑of‑office service mentioned in paragraph (a), (b) or (c) of item 12 provided on a weekday outside ordinary hours of duty | For each officer providing the service: (a) if the service is provided immediately before or immediately after an out‑of‑office service provided by the officer during ordinary hours of duty—$65 for each quarter hour or part of a quarter hour; or (b) in any other case: (i) for any period up to 30 minutes—$130; and (ii) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$65 | |
14 | Out‑of‑office service mentioned in paragraph (a), (b) or (c) of item 12 provided on a Saturday, Sunday or a Departmental holiday | For each officer providing the service: (a) for any period up to 30 minutes—$140; and (b) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$70 | |
15 | Provision of consumable materials used in performing a diagnostic service to which any of items 1 to 3 or 12 to 14 applies | A fee equivalent to the cost of the consumable materials | |
16 | Husbandry services 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 for each day—$60 | |
17 | Husbandry services in relation to a cat or dog, or any other animal weighing 25 kilograms or less, in a quarantine station | For each animal for each day—$29 | |
18 | Husbandry services (including entomological testing) in relation to a consignment of bees in a quarantine station | For each consignment for each month or part of a month—$280 | |
19 | Husbandry services in relation to a consignment of live birds in a quarantine station | For each consignment for each day—$150 | |
20 | Husbandry service in relation to a consignment of birds’ eggs for hatching in a quarantine station | For each consignment for each day—$200 | |
21 | Husbandry services 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—$20 | |
22 | Provision of a house for accommodation (excluding cleaning of the house) at the Torrens Island Quarantine Station by importers of animals | For each continuous period of 7 days, or part of such a 7 day period—$212 | |
23 | Temporary storage at premises owned or managed by the Commonwealth of luggage brought into Australia that is suspected of posing an unacceptably high level of quarantine risk | For each piece of luggage for each period of 30 days, or part of a period of 30 days—$30 | |
24 | Service provided by a person on behalf of the Commonwealth | A fee equivalent to the cost incurred by the Commonwealth in arranging and paying for the person to provide the service on behalf of the Commonwealth | |
(2) If a person requests a service to be provided at a particular time, and the provision of the service at that time would mean that the person would be liable to pay a fee under item 2, 3, 10, 11, 13 or 14 in the table in subsection (1), an officer must tell the person about the fee before the service is provided.
(3) Unless the contrary intention appears, each fee required to be paid by this Determination for, or in relation to, a service is in addition to any other fee required by this Determination to be paid for, or in relation to, the service.
41 Sections 6A, 7, 7A, 7B, 7C and 7D
Repeal the sections.
42 Sections 8 and 8C
Repeal the sections, substitute:
8 Time for payment of basic fee
(1) A basic fee required by section 6 must be paid:
(a) if the fee relates to a quarantine service for which the fees can be worked out before the service is provided and the amount of the fee is worked out before the service is provided—on demand for payment; or
(b) in any other case—by the close of business on the last day for payment of the fee shown on an invoice issued by the Department.
(2) If the basic fee for a quarantine service can be worked out before the service is provided:
(a) an officer must inform the person to whom the service is to be provided, or the person’s agent, of the amount of the fee before the service is provided; and
(b) an officer may withhold the provision of the service until the fee is paid.
8A Person liable to pay basic fee
(1) A basic fee that is required to be paid for, or in relation to, a service by this Determination is payable by the person to whom the service is, or is to be, provided.
(2) An agent of a person liable to pay a basic fee is jointly and severally liable with that person to pay the fee.
(3) If:
(a) an agent of a person liable to pay a basic fee pays the fee on behalf of the person; and
(b) at the time when the payment is made, the agent has not collected an amount equivalent to the fee from the person;
the agent may recover such an amount from the person as a debt due to the agent.
43 Section 9 (note)
Repeal the note.
44 After section 9
Insert:
9A Person liable to pay late payment fee
If a basic fee is payable and the person liable to pay the fee, or an agent of that person, has not paid the fee by the payment day in relation to the fee, the person and the agent are jointly and severally liable to pay the late payment fee.
45 Subsection 10(1)
Omit “performed, or to applications or entries lodged or assessed,”, substitute “provided”.
46 Paragraph 10(1)(e)
Repeal the paragraph, substitute:
(e) the importation of a disability assistance dog into Australia, Christmas Island or the Cocos Islands; or
(f) the importation of goods into Christmas Island or the Cocos Islands.
47 Paragraph 10(2)(a)
After “Australia”, insert “, Christmas Island or the Cocos Islands”.
48 At the end of paragraph 10(2)(b)
Add “, Christmas Island or the Cocos Islands”.
49 Subsection 10(3)
Repeal the subsection.
50 Before Schedule 1
Insert:
Part 3—Application and transitional provisions
Note: See also Part 3 of the Quarantine Charges (Imposition—Customs) Regulation 2014 and Part 3 of the Quarantine Charges (Imposition—General) Regulation 2015 for application and transitional provisions relating to the charges required by those regulations.
11 References to previous items and new items
In this Division:
(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 this Determination, as in force immediately before 1 December 2015; and
(b) a reference to a new item followed by a number is a reference to the item so numbered in the table in subsection 6(1) of this Determination, as in force on or after 1 December 2015.
12 In‑office and out‑of‑office services
General
(1) The fee referred to in any of items 1 to 3 or 12 to 15 in the table in subsection 6(1) applies in relation to a service that is provided on or after 1 December 2015.
Assessment of permit applications
(2) The fee referred to in any of items 4 to 11 in the table in subsection 6(1) applies in relation to an assessment of a permit application if the application for the assessment is made on or after 1 December 2015.
13 Animals and eggs already in a quarantine station on 1 December 2015
Despite the amendments made by Schedule 1 to the Quarantine Service Fees Amendment (Cost Recovery) Determination 2015, this Determination, as in force immediately before 1 December 2015, continues to apply in relation to an animal, or a consignment of bees, live birds or birds’ eggs for hatching, if:
(a) the animal or consignment is in a quarantine station on 1 December 2015; and
(b) the animal or consignment entered the quarantine station before 1 December 2015.
14 Animals and eggs that enter a quarantine station on or after 1 December 2015
Application of this Determination
(1) This Determination, as in force on or after 1 December 2015, 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 fee referred to in previous item 36 was paid before 1 December 2015 for a period a ruminant, or a camelid animal, was 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 service in relation to the animal referred to in new item 16.
Note: If the amount of the fees paid before 1 December 2015 for a ruminant or a camelid animal is less than the amount of the fees payable under new item 16 for the animal, the person who is liable to pay the fee under new item 16 is liable to pay the amount that is the difference between the amount paid before 1 December 2015 and the amount that is payable under that item.
Equine animals and other animals weighing more than 25 kilograms
(3) If a fee referred to in previous item 36A, 37 or 38 was paid before 1 December 2015 for a day an equine animal, or an animal weighing more than 25 kilograms (other than animal referred to in another subsection of this section), was expected to be in a quarantine station on or after 1 December 2015, the fee referred to in new item 16 is taken to have been paid for the animal for that day.
Cats, dogs and other small animals (other than live birds)
(4) If a fee referred to in previous item 36B, 36C, 36D, 36E, 36F, 36G, 36H or 37 was paid before 1 December 2015 for a 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 fee referred to in new item 17 is taken to have been paid for the animal for that day.
Note: If an animal referred to in subsection (3) or (4) is held in a quarantine station for more days than the days for which fees were paid before 1 December 2015, a fee for each additional day is payable under new item 16 or 17 (whichever is applicable).
Consignments of bees
(5) If a fee referred to in previous item 36J or 36K was paid before 1 December 2015 for a month a consignment of bees was expected to be in a quarantine station on or after 1 December 2015, the fee referred to in new item 18 is taken to have been paid for the consignment for that month.
Consignments of live birds
(6) If a fee referred to in previous item 36L was paid before 1 December 2015 for a period a consignment of live birds was 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 service in relation to the consignment referred to in new item 19.
Consignments of birds’ eggs for hatching
(7) If a fee referred to in previous item 36M was paid before 1 December 2015 for a period a consignment of birds’ eggs for hatching was 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 service in relation to the consignment referred to in new item 20.
The fee referred to in new item 21 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.
The fee referred to in new item 23 applies in relation to a piece of luggage that is stored during a period beginning on or after 1 December 2015.
This Part is repealed at the start of 1 July 2016.
51 Schedule 1
Repeal the Schedule.