Import Processing Charges Act 2001

An Act to impose import processing charges in respect of certain goods imported into Australia, and for related purposes

1 Short title

This Act may be cited as the Import Processing Charges Act 2001.

2 Commencement

(1) Section 1 and this section commence on the day on which this Act receives the Royal Assent.

(2) The remaining sections commence on the day fixed by Proclamation under subsection 2(3) of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001.

3 Definitions

(1) In this Act:

Customs Act means the Customs Act 1901.

import processing charge means any of the following:

(f) warehouse declaration processing charge.

prescribed means prescribed by the regulations.

(2) Expressions used in this Act have the same meanings as in the Customs Act.

4 Imposition of import processing charges

(3) Import declaration processing charge payable as set out in section 71B of the Customs Act is imposed.

(6) Warehouse declaration processing charge payable as set out in section 71DI of the Customs Act is imposed.

5 Amounts of import processing charges

Import declaration processing charge

(1) The amount of an import declaration processing charge is:

(a) for an electronic import declaration in respect of goods:

(i) if the value of the goods is at least $10,000—$152.00 or such other amount (not exceeding $228.00) as is prescribed; or

(ii) otherwise—$50.00 or such other amount (not exceeding $75.00) as is prescribed; or

(b) for a documentary import declaration in respect of goods:

(i) if the value of the goods is at least $10,000—$192.00 or such other amount (not exceeding $288.00) as is prescribed; or

(ii) otherwise—$90.00 or such other amount (not exceeding $135.00) as is prescribed.

Warehouse declaration processing charge

(2) The amount of a warehouse declaration processing charge is:

(a) for an electronic warehouse declaration in respect of goods:

(i) if the value of the goods is at least $10,000—$152.00 or such other amount (not exceeding $228.00) as is prescribed; or

(ii) otherwise—$50.00 or such other amount (not exceeding $75.00) as is prescribed; or

(b) for a documentary warehouse declaration in respect of goods:

(i) if the value of the goods is at least $10,000—$192.00 or such other amount (not exceeding $288.00) as is prescribed; or

(ii) otherwise—$90.00 or such other amount (not exceeding $135.00) as is prescribed.

6 Regulations

The Governor‑General may make regulations for the purposes of section 5.

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

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

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.

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

A = Act	o = order(s)
ad = added or inserted	Ord = Ordinance
am = amended	orig = original
amdt = amendment	par = paragraph(s)/subparagraph(s)
c = clause(s)	/sub‑subparagraph(s)
C[x] = Compilation No. x	pres = present
Ch = Chapter(s)	prev = previous
def = definition(s)	(prev…) = previously
Dict = Dictionary	Pt = Part(s)
disallowed = disallowed by Parliament	r = regulation(s)/rule(s)
Div = Division(s)	Reg = Regulation/Regulations
exp = expires/expired or ceases/ceased to have	reloc = relocated
effect	renum = renumbered
F = Federal Register of Legislative Instruments	rep = repealed
gaz = gazette	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
(md) = misdescribed amendment can be given	Sdiv = Subdivision(s)
effect	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Import Processing Charges Act 2001	90, 2001	18 July 2001	ss. 1 and 2: Royal Assent Remainder: 19 July 2005 (see F2005L01812)
Import Processing Charges (Amendment and Repeal) Act 2002	79, 2002	8 Oct 2002	Schedule 1: (a)	s. 2(1) (am. by 25, 2004, Sch. 2 [item 32])
as amended by
Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004	25, 2004	25 Mar 2004	Schedule 2 (item 32): (b)	—
Import Processing Charges Amendment Act 2005	90, 2005	6 July 2005	Schedule 1: (c) Remainder: Royal Assent	—
Customs Legislation Amendment (Import Processing Charges) Act 2005	91, 2005	6 July 2005	Schedule 1 (items 9–12): (d) Schedule 1 (item 13): (d)	—
Customs Amendment (Miscellaneous Measures) Act 2013	33, 2013	30 Mar 2013	Schedule 1 (items 82–84): 31 Mar 2013	—
Import Processing Charges Amendment Act 2013	143, 2013	13 Dec 2013	1 Jan 2014	Sch 1 (item 3)
Import Processing Charges Amendment Act 2015	148, 2015	12 Nov 2015	Sch 1: 1 Jan 2016 (s 2(1) item 2)	Sch 1 (item 2)

(a) Subsection 2(1) (item 6) of the Import Processing Charges (Amendment and Repeal) Act 2002 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
6. Schedule 1	The later of: (a) immediately after the commencement of section 5 of the Import Processing Charges Act 2001; and (b) the day on which this Act receives the Royal Assent	19 July 2005 (paragraph (a) applies)

(b) Subsection 2(1) (item 20) of the Customs Legislation Amendment (Application of International Trade Modernisation and Other Measures) Act 2004 provides as follows:

(1) Each provision of this Act 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.

Provision(s)	Commencement	Date/Details
20. Schedule 2, item 32	Immediately after the commencement of section 2 of the Import Processing Charges (Amendment and Repeal) Act 2002.	8 October 2002

Provision(s)	Commencement	Date/Details
2. Schedule 1	Immediately after the commencement of sections 3 to 6 of the Import Processing Charges Act 2001.	19 July 2005

(d) Subsection 2(1) (items 7 and 8) of the Customs Legislation Amendment (Import Processing Charges) Act 2005 provide as follows:

Provision(s)	Commencement	Date/Details
7. Schedule 1, items 9 to 12	Immediately after the commencement of sections 3 to 6 of the Import Processing Charges Act 2001.	19 July 2005
8. Schedule 1, item 13	Immediately after the commencement of Schedule 1 to the Import Processing Charges (Amendment and Repeal) Act 2002.	19 July 2005

Endnote 4—Amendment history

Provision affected	How affected
s. 3.....................	am. No. 91, 2005; No. 33, 2013
s. 4.....................	am. No. 91, 2005; No. 33, 2013
s. 5.....................	am. No. 79, 2002; Nos. 90 and 91, 2005; No 33 and 143, 2013
	rs No 148, 2015