Part 1—Preliminary
1 Name
This is the Biosecurity Charges Imposition (General) Regulation 2016.
3 Authority
This instrument is made under the Biosecurity Charges Imposition (General) Act 2015.
4 Application of this instrument to Norfolk Island
This instrument applies in relation to biosecurity matters in relation to goods that are, or are intended to be, brought or imported into Norfolk Island on or after 1 July 2016 or a conveyance that enters Norfolk Island on or after that date.
5 Simplified outline of this instrument
This instrument prescribes the following:
(a) charges in relation to certain matters connected with the administration of the Biosecurity Act 2015;
(b) exemptions from the prescribed charges.
The prescribed charges are imposed as taxes (see the Biosecurity Charges Imposition (General) Act 2015).
This instrument prescribes a charge only so far as that charge is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution. To the extent that the charge is a duty of customs, it is prescribed by the Biosecurity Charges Imposition (Customs) Regulation 2016.
6 Definitions
In this instrument:
Act means the Biosecurity Charges Imposition (General) Act 2015.
Agriculture Department has the same meaning as in the Biosecurity Act 2015.
aircraft has the same meaning as in the Biosecurity Act 2015.
approved arrangement has the same meaning as in the Biosecurity Act 2015.
Australian territory has the same meaning as in the Biosecurity Act 2015.
automated entry processing system means the system made available by the Agriculture Department for the purpose of enabling persons covered by approved arrangements to give that Department information about goods to be brought or imported into Australian territory.
baggage has the same meaning as in the Biosecurity Act 2015.
biosecurity activities has the meaning given by section 7.
biosecurity matter means a matter connected with the administration of the Biosecurity Act 2015.
Christmas Island means the Territory of Christmas Island.
Class 19 Arrangement means an approved arrangement that:
(a) provides for the person covered by the arrangement to assess documents to manage biosecurity risks associated with containerised sea freight; and
(b) does not require the person to carry out biosecurity activities at a particular place.
Cocos (Keeling) Islands means the Territory of Cocos (Keeling) Islands.
compliance agreement has the same meaning as in the Imported Food Control Act 1992.
consignee, of goods brought into Australian territory from outside Australian territory, means the person who is the ultimate recipient of the goods, whether or not the person ordered or paid for the goods.
consignment has a meaning affected by section 8.
Director of Biosecurity has the same meaning as in the Biosecurity Act 2015.
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 speciality relevant to the disability, stating that the person requires the assistance of such a dog.
goods has the same meaning as in the Biosecurity Act 2015.
husbandry services, in relation to an animal, eggs or a plant that is in a post‑entry quarantine facility, 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).
import declaration has the same meaning as in the Customs Act 1901.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
port has the same meaning as in the Biosecurity Act 2015.
post‑entry quarantine facility has the same meaning as in the Biosecurity Regulation 2016.
protected zone has the same meaning as in the Biosecurity Act 2015.
protected zone vessel has the same meaning as in the Biosecurity Act 2015.
Torres Strait permanent biosecurity monitoring zone has the same meaning as in the Biosecurity Regulation 2016.
vessel has the same meaning as in the Biosecurity Act 2015.
7 Meaning of biosecurity activities
(1) Activities to manage biosecurity risks associated with goods, premises or other things are biosecurity activities.
(2) However, biosecurity activities in relation to an animal, eggs or a plant, does not include husbandry services in relation to the animal, eggs or plant.
8 Meaning of consignment
(1) For the purposes of this instrument, 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 post‑entry quarantine facility on the same day.
(2) To avoid doubt, for the purposes of this instrument, a single animal or egg may constitute a consignment of animals or eggs.
Part 2—Charges
9 Charges for biosecurity matters
(1) For the purposes of subsection 7(1) of the Act, the charge in relation to a biosecurity matter referred to in column 1 of an item in the following table is the amount set out in, or calculated in accordance with, column 2 of the item.
Charges |
Item | Column 1
Biosecurity matter | Column 2
Amount |
1 | In relation to goods that are the subject of an import declaration and that have been brought into Australian territory on an aircraft—risk profiling, surveillance, monitoring compliance and administration of other biosecurity matters | For each import declaration—$43 |
2 | In relation to goods that are the subject of an import declaration and that have been brought into Australian territory on a vessel—risk profiling, surveillance, monitoring compliance and administration of other biosecurity matters | For each import declaration—$63 |
3 | Application for a permit under section 177 of the Biosecurity Act 2015 authorising goods to be brought or imported into Australian territory | $122 |
4 | Reservation of a place in a post‑entry quarantine facility for a horse, and administration and management of biosecurity activities in relation to the horse | For each animal—$983 |
4A | Confirmation of a reservation of a place in a post‑entry quarantine facility for a horse, and administration and management of biosecurity activities in relation to the horse | For each animal—$3 934 |
4B | Reservation of a place in a post‑entry quarantine facility for a ruminant, and administration and management of biosecurity activities in relation to the ruminant | For each animal—$1 005 |
4C | Confirmation of a reservation of a place in a post‑entry quarantine facility for a ruminant, and administration and management of biosecurity activities in relation to the ruminant | For each animal—$4 019 |
5 | Reservation of a place in a post‑entry quarantine facility for an animal not covered by another item of this table, and administration and management of biosecurity activities in relation to the animal | For each animal—$253 |
5A | Confirmation of a reservation of a place in a post‑entry quarantine facility for an animal not covered by another item of this table, and administration and management of biosecurity activities in relation to the animal | For each animal—$1 012 |
6 | Reservation of a place in a post‑entry quarantine facility for a consignment of bees, and administration and management of biosecurity activities in relation to the consignment | For each consignment—$837 |
6A | Confirmation of a reservation of a place in a post‑entry quarantine facility for a consignment of bees, and administration and management of biosecurity activities in relation to the consignment | For each consignment—$3 350 |
7 | Reservation of a place in a post‑entry quarantine facility for a consignment of live birds, and administration and management of biosecurity activities in relation to the consignment | For each consignment—$4 707 |
8 | Confirmation of a reservation of a place in a post‑entry quarantine facility for a consignment of live birds, and administration and management of biosecurity activities in relation to the consignment | For each consignment—$18 827 |
9 | Reservation of a place in a post‑entry quarantine facility for a consignment of birds’ eggs for hatching, and administration and management of biosecurity activities in relation to the consignment | For each consignment—$13 109 |
10 | Confirmation of a reservation of a place in a post‑entry quarantine facility for a consignment of birds’ eggs for hatching, and administration and management of biosecurity activities in relation to the consignment | For each consignment—$52 434 |
11 | Administration and management of biosecurity activities in relation to a plant, or plants, in a post‑entry quarantine facility | 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—$291 |
12 | Application for approval of a proposed arrangement under section 405 of the Biosecurity Act 2015 | $194 |
13 | Development of a proposed arrangement that is approved under section 406 of the Biosecurity Act 2015 and administration of the approved arrangement | For each financial year, or part of a financial year, during which the approved arrangement is in force: (a) if, at any time during the financial year, the person covered by the arrangement is also covered by another approved arrangement or one or more compliance agreements, and any of the arrangements or agreements are in force before 1 January in the financial year—$3 110; or (b) if, at any time during the financial year, the person covered by the arrangement is also covered by another approved arrangement or one or more compliance agreements, and none of the arrangements or agreements are in force before 1 January in the financial year—an amount that is 50% of the amount specified in paragraph (a); or (c) if paragraphs (a) and (b) do not apply in relation to the person covered by the arrangement and the arrangement is a Class 19 Arrangement that is in force before 1 January in the financial year—$536; (d) if paragraphs (a) and (b) do not apply in relation to the person covered by the arrangement and the arrangement is a Class 19 Arrangement that is in force on or after 1 January in the financial year—an amount that is 50% of the amount specified in paragraph (c); or (e) if paragraphs (a) to (d) do not apply in relation to the arrangement or the person covered by the arrangement, and the arrangement is in force before 1 January in the financial year—$2 680; or (f) if paragraphs (a) to (d) do not apply in relation to the arrangement or the person covered by the arrangement, and the arrangement is in force on or after 1 January in the financial year—an amount that is 50% of the amount specified in paragraph (e) |
13A | Entry of information into the automated entry processing system, by a person covered by an approved arrangement, about goods to be brought or imported into Australian territory, if the entry is not referred to the Agriculture Department for verification | For each entry—$20 |
14 | In relation to the first mooring of a vessel at a port in Australian territory after the vessel enters Australian territory—risk profiling, surveillance, monitoring compliance and administration of other biosecurity matters | For each vessel: (a) that is a non‑commercial vessel—$155; or (b) other than a non‑commercial vessel—$1 354 |
Note: A person may be exempt from liability to pay the charge prescribed by item 12 or 13 of the above table (see section 10).
(2) If an amount of a charge (the increased charge) specified in paragraph (a), (c) or (e) of item 13 of the table in subsection (1) is increased under section 9A, the increased charge is to be used for the purposes of working out the amount of the charge under paragraph (b), (d) or (f) of the item.
9A Indexation of charges
Indexation of charges
(1) If the indexation factor for an indexation day is greater than 1, the dollar amounts mentioned in the table in subsection 9(1) are each replaced by the amount worked out using the following formula:
(2) The amount worked out under subsection (1) is to be rounded to the nearest whole dollar (rounding 50 cents upwards).
Indexation factor
(3) The indexation factor for an indexation day is the number worked out using the following formula:
(4) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
Changes to CPI index reference period and publication of substituted index numbers
(5) Amounts are to be worked out under this section:
(a) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and
(b) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).
Application of replacement amount
(6) If a dollar amount mentioned in item 1 or 2 of the table in subsection 9(1) is replaced under this section on an indexation day, the replacement amount applies in relation to goods that are the subject of an import declaration communicated on or after that day.
(7) Subject to subsection (8), if a dollar amount mentioned in item 11 of the table in subsection 9(1) is replaced under this section on an indexation day, the replacement amount applies in relation to each month, or part of a month, that begins on or after that day.
(8) If a dollar amount (the old charge) mentioned in items 4 to 11 of the table in subsection 9(1) is replaced under this section on an indexation day, the old charge applies instead of the replacement amount in relation to a biosecurity matter that is carried out on or after the indexation day if:
(a) an invoice was issued by the Agriculture Department in relation to the biosecurity matter before that day; or
(b) demand for payment had been made in relation to the biosecurity matter before that day.
Definitions
(9) In this section:
base quarter means the last December quarter before the reference quarter.
December quarter means a period of 3 months starting on 1 October.
indexation day means 1 July 2024 and each later 1 July.
index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.
reference quarter means the December quarter immediately before the indexation day.
10 Exemptions from charges
General
(1) For section 10 of the Act, the charge prescribed in relation to a biosecurity matter by section 9 of this instrument is not payable if the biosecurity matter relates to:
(a) goods brought or imported into Australian territory:
(i) for the official use of a diplomatic mission in Australian territory; or
(ii) for the personal use of a diplomatic agent of the mission; or
(iii) for the personal use of a member of the diplomatic agent’s family, if the person forms part of the diplomatic agent’s household and is not an Australian citizen; or
(b) goods brought or imported into Australian territory for the personal use of a member of the administrative or technical staff (the staff member) of a diplomatic mission at the time of first placement, if the staff member is neither an Australian citizen nor permanently resident in Australia; or
(c) goods brought or imported into Australian territory for the personal use of a member of the staff member’s family at the time of first placement, if the person forms part of the staff member’s household and is neither an Australian citizen nor permanently resident in Australia; or
(d) conveyances or equipment used by the defence force of a foreign country that is engaged in a combined military activity if the Australian Defence Force has informed the Director of Biosecurity; or
(e) a disability assistance dog brought or imported into Australian territory; or
(f) the examination of baggage that is brought or imported into Australian territory on the same aircraft or vessel as the owner of the baggage or the person who brought or imported the baggage; or
(g) the screening or inspection of mail that arrives in Australian territory.
Biosecurity matters carried out in, or in relation to goods, conveyances or other things brought or imported into, Norfolk Island, Christmas Island or Cocos (Keeling) Islands
(2) For section 10 of the Act, the charge prescribed in relation to a biosecurity matter by section 9 of this instrument is not payable if the biosecurity matter relates to:
(a) goods that are, or are intended to be, brought or imported into Norfolk Island, Christmas Island or Cocos (Keeling) Islands; or
(b) an application for approval, under section 405 of the Biosecurity Act 2015, of a proposed arrangement that provides for a person to carry out activities to manage biosecurity risks associated with specified goods, premises or other things in Norfolk Island, Christmas Island or Cocos (Keeling) Islands; or
(c) the development of a proposed arrangement, that is approved under section 406 of the Biosecurity Act 2015, that provides for a person to carry out activities to manage biosecurity risks associated with specified goods, premises or other things in Norfolk Island, Christmas Island or Cocos (Keeling) Islands and management of the approved arrangement; or
(d) conveyances that are in Norfolk Island, Christmas Island or Cocos (Keeling) Islands.
Note: This section applies in relation to biosecurity matters in relation to goods that are, or are intended to be, brought or imported into Norfolk Island on or after 1 July 2016 or a conveyance that enters Norfolk Island on or after that date (see section 4).
Biosecurity matters relating to goods or vessels moving from the protected zone or the Torres Strait permanent biosecurity monitoring zone to certain other parts of Australian territory
(3) For section 10 of the Act, the charge prescribed by item 3 of the table in subsection 9(1) of this instrument is not payable in relation to an application for a permit under section 177 of the Biosecurity Act 2015 authorising goods to be brought or imported:
(a) from a part of Australian territory specified in column 1 of item 9 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 into a part of Australian territory specified in column 2 of that item; or
(b) from a part of Australian territory specified in column 1 of item 10 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 into a part of Australian territory specified in column 2 of that item; or
(c) from a part of Australian territory specified in column 1 of item 11 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 into a part of Australian territory specified in column 2 of that item.
(4) For section 10 of the Act, the charge prescribed by item 14 of the table in subsection 9(1) of this instrument is not payable in relation to:
(a) the mooring of a vessel at a port in a part (the destination part) of Australian territory specified in column 2 of item 10 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 after the vessel entered the destination part in the course of a voyage from a part of Australian territory specified in column 1 of that item; or
(b) the mooring of a vessel at a port in a part (the destination part) of Australian territory specified in column 2 of item 11 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 after the vessel entered the destination part in the course of a voyage from a part of Australian territory specified in column 1 of that item.
Mooring of protected zone vessels
(5) For section 10 of the Act, the charge prescribed by item 14 of the table in subsection 9(1) of this instrument is not payable in relation to a protected zone vessel.
Application for approval of proposed arrangement to carry out biosecurity activities
(6) For section 10 of the Act, a person is not liable to pay the charge prescribed by item 12 of the table in subsection 9(1) of this instrument in relation to an application referred to in that item if the person is:
(a) covered by an approved arrangement; or
(b) a party to a compliance agreement in force under section 35A of the Imported Food Control Act 1992.
Administration of an approved arrangement
(7) For section 10 of the Act, a person is not liable to pay the charge prescribed by item 13 of the table in subsection 9(1) of this instrument for a financial year, or a part of a financial year, in relation to an approved arrangement if the person has paid any of the following:
(a) the charge prescribed by item 13 of the table in subsection 9(1) of this instrument for that financial year, or that part of the financial year, in relation to another approved arrangement;
(b) the charge prescribed by item 13 of the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016 for that financial year, or that part of the financial year, in relation to another approved arrangement;
(c) the charge prescribed by item 2 of the table in subsection 6(1) of the Imported Food Charges (Imposition—Customs) Regulation 2015 for that financial year or that part of the financial year;
(d) the charge prescribed by item 2 of the table in subsection 6(1) of the Imported Food Charges (Imposition—General) Regulation 2015 for that financial year or that part of the financial year.
Entry of information into automated entry processing system
(8) For the purposes of section 10 of the Act, a person is not liable to pay the charge prescribed by item 13A of the table in subsection 9(1) of this instrument for entering information into the automated entry processing system if the person has paid the charge prescribed by item 13A of the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016 for entering that information into that system.
Part 3—Application, saving and transitional provisions
11 Application of amendment by the Biosecurity Charges Imposition (General) Amendment (2022 Measures No. 1) Regulations 2022
The amendment of section 9 by the Biosecurity Charges Imposition (General) Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to goods that are the subject of an import declaration communicated on or after 16 January 2023.
12 Amendments made by the Biosecurity Charges Imposition (General) Amendment (2023 Measures No. 1) Regulations 2023
(1) The amendments made by items 3 and 4 of Schedule 1 to the Biosecurity Charges Imposition (General) Amendment (2023 Measures No. 1) Regulations 2023 apply in relation to goods that are the subject of an import declaration communicated on or after 1 July 2023.
(2) The amendments made by item 6 of Schedule 1 to the Biosecurity Charges Imposition (General) Amendment (2023 Measures No. 1) Regulations 2023 apply in relation to a reservation or confirmation of a reservation of a place in a post‑entry quarantine facility that is made before 1 July 2023 if:
(a) the reservation or confirmation of the reservation was made in relation to an animal or consignment that is to enter the facility on or after 1 July 2023; and
(b) the amount (the relevant amount) that applied in relation to the animal or consignment under item 4, 5 or 6 of the table in section 9, as in force immediately before 1 July 2023, had not been paid before 1 July 2023; and
(c) no invoice had been issued by the Agriculture Department in relation to the relevant amount before 1 July 2023; and
(d) no demand for payment of the relevant amount had been made before 1 July 2023.
(3) Subject to subsection (4), the amendments made by item 11 of Schedule 1 to the Biosecurity Charges Imposition (General) Amendment (2023 Measures No. 1) Regulations 2023 apply in relation to each month, or part of a month, that begins on or after 1 July 2023.
(4) Despite the amendments made by Schedule 1 to the Biosecurity Charges Imposition (General) Amendment (2023 Measures No. 1) Regulations 2023, items 4 to 11 of the table in section 9, as in force immediately before 1 July 2023, continue to apply in relation to a biosecurity matter that is carried out on or after 1 July 2023, as if the amendments had not been made, if:
(a) an invoice was issued by the Agriculture Department in relation to the biosecurity matter before 1 July 2023; or
(b) demand for payment had been made in relation to the biosecurity matter before 1 July 2023.
