Commonwealth Coat of Arms of Australia

Biosecurity Charges Imposition (Customs) Amendment (Extending Cost Recovery to Low Value Goods) Regulations 2024

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 12 June 2024

David Hurley

Governor‑General

By His Excellency’s Command

Murray Watt

Minister for Agriculture, Fisheries and Forestry

1 Name

This instrument is the Biosecurity Charges Imposition (Customs) Amendment (Extending Cost Recovery to Low Value Goods) Regulations 2024.

2 Commencement

(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 October 2024.	1 October 2024

Note: This table relates only to the provisions of this instrument as originally made.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.

3 Authority

This instrument is made under the Biosecurity Charges Imposition (Customs) Act 2015.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Biosecurity Charges Imposition (Customs) Regulation 2016

1 Section 6

Insert:

low value goods means goods of the kind referred to in paragraph 68(1)(f) of the Customs Act 1901.

self‑assessed clearance declaration has the same meaning as in the Customs Act 1901.

2 Subsection 9(1) (after table item 2)

Insert:

In relation to low value goods that are the subject of a self‑assessed clearance declaration and that have been brought into Australian territory—risk profiling, surveillance, monitoring compliance and administration of other biosecurity matters

For each self‑assessed clearance declaration—$0.36

3 Subsection 9A(2)

Repeal the subsection, substitute:

(2) The amount worked out under subsection (1) is to be rounded to:

(a) if the amount is below $1—the nearest cent (rounding 0.5 cents upwards); or

(b) in any other case—the nearest whole dollar (rounding 50 cents upwards).

4 After subsection 9A(6)

Insert:

(6A) If the dollar amount mentioned in item 2A of the table in subsection 9(1) is replaced under this section on an indexation day, the replacement amount applies in relation to low value goods that are the subject of a self‑assessed clearance declaration given on or after that day.

5 After subsection 10(2)

Insert:

Self‑assessed clearance declarations—low value goods

(2A) For the purposes of section 10 of the Act, the charge prescribed by item 2A of the table in subsection 9(1) of this instrument is not payable in relation to a self‑assessed clearance declaration given by a person during the 3 month period starting on 1 January, 1 April, 1 July or 1 October in a year if the total number of such declarations given by the person during the 3 month period is less than 278.

6 In the appropriate position in Part 3

Insert:

13 Amendments made by the Biosecurity Charges Imposition (Customs) Amendment (Extending Cost Recovery to Low Value Goods) Regulations 2024

The amendment of section 9 by the Biosecurity Charges Imposition (Customs) Amendment (Extending Cost Recovery to Low Value Goods) Regulations 2024 applies in relation to low value goods that are the subject of a self‑assessed clearance declaration given on or after 1 October 2024.