Quarantine Charges (Imposition—Customs) Regulation 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00735

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Quarantine Charges (Imposition—Customs) Regulation 2014
 
Select Legislative Instrument No. 69, 2014
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 12 June 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Barnaby Joyce
Minister for Agriculture
 
 
 
  
  
  
Contents
Part 1—Preliminary                                                                                                             1
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Definitions.......................................................................................... 1
Part 2—Charges                                                                                                                     3
5............ Charges—quarantine matters performed before 1 July 2014.............. 3
6............ Charges—quarantine matters performed on or after 1 July 2014........ 4
7............ Person liable to pay charge.................................................................. 5
8............ Exemptions from charges.................................................................... 6
 
Part 1—Preliminary
  
1  Name of regulation
                   This regulation is the Quarantine Charges (Imposition—Customs) Regulation 2014.
2  Commencement
                   This regulation commences on the day after it is registered.
3  Authority
                   This regulation is made under the Quarantine Charges (Imposition—Customs) Act 2014.
4  Definitions
                   In this regulation:
Act means the Quarantine Charges (Imposition—Customs) Act 2014.
consignee, of goods brought into Australia from outside Australia, means the person who is the ultimate recipient of the goods, whether or not the person ordered or paid for the goods.
Customs has the meaning given by section 4AA of the Customs Administration Act 1985.
Director of Quarantine has the same meaning as in the Quarantine Act 1908.
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, that the person requires the assistance of such a dog.
full import declaration, in relation to goods, means an entry lodged on the Integrated Cargo System that contains the information required by regulation 50 of the Quarantine Regulations 2000 in relation to the goods.
Integrated Cargo System means the system of that name administered by Customs.
quarantine matter means a matter connected with the administration of the Quarantine Act 1908.
vessel has the same meaning as in the Quarantine Act 1908.
Part 2—Charges
  
5  Charges—quarantine matters performed before 1 July 2014
                   For subsection 7(1) of the Act, the charge in relation to a quarantine matter mentioned in column 1 of the following table is the amount set out in column 2 of the item if the quarantine matter is performed on or after the commencement of this regulation and before 1 July 2014.
 
Charges

Item
Column 1
Column 2

 
Quarantine matter
Charge

1
In relation to goods covered by a full import declaration that are brought into Australia by air:
(a) risk profiling, surveillance, clearance and inspection; and
(b) development and management of arrangements entered into by entities to perform quarantine functions on behalf of the Commonwealth
For each full import declaration—$15.00

2
In relation to goods covered by a full import declaration that are brought into Australia by sea:
(a) risk profiling and surveillance; and
(b) development and management of arrangements entered into by entities to perform quarantine functions on behalf of the Commonwealth
For each full import declaration—$14.00

3
Clearance and inspection of a shipping container containing goods all of which:
(a) are consigned (whether in a single consignment or in 2 or more consignments) to the same consignee in Australia; and
(b) are covered by one or more full import declarations
For each shipping container—$24.00

4
Clearance and inspection of a single shipping container containing goods that:
(a) are included in 2 or more consignments consigned to 2 or more consignees in Australia; and
(b) are covered by one or more full import declarations
In relation to each consignment—$6.00

 
6  Charges—quarantine matters performed on or after 1 July 2014
                   For subsection 7(1) of the Act, the charge in relation to a quarantine matter mentioned in column 1 of the following table is the amount set out in column 2 of the item if the quarantine matter is performed on or after 1 July 2014.
 
Charges

Item
Column 1
Column 2

 
Quarantine matter
Charge

1
In relation to goods covered by a full import declaration that are brought into Australia by air:
(a) risk profiling, surveillance, clearance and inspection; and
(b) development and management of arrangements entered into by entities to perform quarantine functions on behalf of the Commonwealth
For each full import declaration—$16.00

2
In relation to goods covered by a full import declaration that are brought into Australia by sea:
(a) risk profiling and surveillance; and
(b) development and management of arrangements entered into by entities to perform quarantine functions on behalf of the Commonwealth
For each full import declaration—$15.00

3
Clearance and inspection of a shipping container containing goods all of which:
(a) are consigned (whether in a single consignment or in 2 or more consignments) to the same consignee in Australia; and
(b) are covered by one or more full import declarations
For each shipping container—$30.00

4
Clearance and inspection of a single shipping container containing goods that:
(a) are included in 2 or more consignments consigned to 2 or more consignees in Australia; and
(b) are covered by one or more full import declarations
In relation to each consignment of goods—$8.00

 
7  Person liable to pay charge
                   For section 9 of the Act:
                     (a)  the owner of goods mentioned in an item of the table in section 5, or the table in section 6, is liable to pay the charge in relation to the quarantine matter prescribed by that item; or
                     (b)  if goods mentioned in an item of the table in section 5, or the table in section 6, are owned by 2 or more persons—the owners of the goods are liable to pay the charge in relation to the quarantine matter prescribed by that item.
Note:          The owner, or the owners, of the goods may or may not be the consignee, or the consignees, of the goods.
8  Exemptions from charges
                   For section 10 of the Act, a charge prescribed in relation to a quarantine matter by section 5 or 6 is not payable if the quarantine matter relates to:
                     (a)  the importation of goods:
                              (i)  for the official use of a diplomatic mission in Australia; 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)  the importation of goods 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 installation, if the staff member is neither an Australian citizen nor permanently resident in Australia; or
                     (c)  the importation of goods for the personal use of a member of the staff member’s family at the time of first installation, if the person forms part of the staff member’s household and is neither an Australian citizen nor permanently resident in Australia; or
                     (d)  vessels 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 a Director of Quarantine; or
                     (e)  the importation into Australia of a disability assistance dog; or
                      (f)  the examination of personal luggage that is brought into Australia on the same vessel as the owner or importer of the luggage; or
                     (g)  the screening or inspection of international postal items that arrive in Australia.