Quarantine Service Fees Amendment Determination 2009 (No. 2)1
I, TONY BURKE, Minister for Agriculture, Fisheries and Forestry, make the following Determination under section 86E of the Quarantine Act 1908.
Dated      27.7                            2009
Tony Burke
TONY BURKE
Minister for Agriculture, Fisheries and Forestry
1              Name of Determination
                This Determination is the Quarantine Service Fees Amendment Determination 2009 (No. 2).
2              Commencement
                This Determination commences on the day after it is registered.
3              Amendment of Quarantine Service Fees Determination 2005
                Schedule 1 amends the Quarantine Service Fees Determination 2005.
4              Transitional
         (1)   In this section:
start day means the day on which this Determination commences.
Note   See section 2.
week means a continuous period of 7 days.
         (2)   The amendments made by items [6], [7], [8] and [16] of Schedule 1 apply in relation to a reservation of a space made on or after the start day.
         (3)   The amendments made by items [11], [12], [13] and [14] of Schedule 1 apply in relation to an animal or egg that starts to be held in quarantine on or after the start day. The provisions of the Quarantine Service Fees Determination 2005 as in force immediately before the start day continue to apply in relation to an animal or egg that starts to be held in quarantine before that day.
         (4)   Where a person is using accommodation at a quarantine station on the start day:
                (a)    the amendments made by item [15] of Schedule 1 apply to the person’s use of the accommodation from the first day of the next week of the person’s use of the accommodation (start date); and
               (b)    the provisions of the Quarantine Service Fees Determination 2005 as in force immediately before the start day continue to apply to the person’s use of the accommodation until the start date.
Schedule 1        Amendments
(section 3)
 
[1]           Subsection 5 (1), after definition of assessment fee
insert
bird does not include a chick that hatches while the egg is in quarantine.
booking fee means a fee provided for in section 7A.
[2]           Subsection 5 (1), after definition of combined military activity
insert
consignment has a meaning affected by subsections (4) and (5).
deposit, in relation to a service, means a deposit required in respect of the service by section 7B.
 [3]          Subsection 5 (1), definition of full import declaration
omit
subregulation 50 (2).
insert
subregulation 50 (2) of the Quarantine Regulations 2000.
[4]           Subsection 5 (1), after definition of quarantine approved premises
insert
quarantine station means a place appointed as a quarantine station by the Quarantine Proclamation 1998.
[5]           After subsection 5 (3), including the note
insert
         (4)   For the purposes of Parts 3 and 3A of Schedule 1, 1 or more animals or eggs are not a consignment unless:
                (a)    they are all consigned by the same person to the same importer; and
               (b)    they all arrive at the quarantine station for acceptance for quarantine on the same day.
         (5)   To avoid doubt, for the purposes of Parts 3 and 3A of Schedule 1, a single animal or egg may constitute a consignment of animals or eggs.
[6]           After section 7
insert
7A           Booking fees
         (1)   A booking fee is required to be paid for the reservation of space at a quarantine station for an animal of a kind mentioned in column 2 of item 38B in Schedule 1.
         (2)   The amount of the booking fee is the amount specified in column 3 of the item.
7B           Payment of deposits
         (1)   If:
                (a)    space is reserved at a quarantine station for an animal of a kind mentioned in column 2 of item 38C in Schedule 1; and
               (b)    a basic fee will be required to be paid for the management and maintenance of the animal at the quarantine station;
a deposit is required to be paid on account of that basic fee.
         (2)   The amount of the deposit is the amount specified in column 3 of the item.
         (3)   To the extent that the deposit is not forfeited, returned or applied as mentioned in section 7C or 7D, the amount of a deposit is to be applied to the liability for the basic fee on account of which the deposit was paid.
7C           Forfeiture of deposits
         (1)   If a deposit has been paid under this Determination in respect of an animal, then, in a circumstance set out in subsection (2):
                (a)    if subsection (5) applies — the part of the deposit worked out in accordance with subsection (6) is forfeited; and
               (b)    in any other case — the whole of the deposit is forfeited.
         (2)   Subject to subsections (3) and (4), the circumstances are:
                (a)    in the case of a chick to be hatched from an egg held for hatching in quarantine — the egg from which the chick is to be hatched does not arrive at the quarantine station for acceptance for quarantine at the commencement of the period for which space for the egg at the station was reserved; and
               (b)    in any case — the animal is not held in quarantine at the quarantine station for at least 7 days of the period for which space for the animal at the station was reserved.
Note   Paragraph (b) could apply, for example, because the booking for the space was abandoned by the importer.
         (3)   Paragraph (2) (a) does not apply if, in accordance with the terms on which the space was reserved, the Secretary cancels the reservation.
         (4)   Paragraph (2) (b) does not apply if:
                (a)    the animal died after the deposit was paid; or
               (b)    in accordance with the terms on which the space was reserved, the Secretary cancels the reservation.
         (5)   This subsection applies if the Secretary determines that, despite a circumstance set out in subsection (2), part of a deposit should be returned.
         (6)   The part of the deposit forfeited is worked out by subtracting from the whole of the deposit the part of the deposit that the Secretary determines should be returned.
7D           Return of deposits
         (1)   If a deposit has been paid under this Determination in respect of an animal, then, in the following circumstance, namely, that the deposit or part of the deposit has not been forfeited under section 7C, the whole of the deposit is to be returned to the person liable to pay the fee on account of which the deposit was paid (the person liable).
         (2)   Where a deposit has been paid under this Determination in respect of an animal, then, in the following circumstance, namely, that the Secretary has determined that part of the deposit should be returned, that part of the deposit is to be returned to the person liable to pay the fee on account of which the deposit was paid (also the person liable).
Note   Subsection 7C (5) refers to the Secretary making this determination.
         (3)   If a deposit or part of a deposit is to be returned, the Commonwealth is to:
                (a)    pay to the person liable the amount worked out in accordance with subsection (4); or
               (b)    if the person liable so elects — apply that amount to discharge a liability of the person liable for any other fees payable under this Determination.
         (4)   The amount is worked out by subtracting from the deposit or part of the deposit the total of:
                (a)    all fees payable under this Determination in respect of the animal or egg; and
               (b)    the amount of any expenses incurred by the Commonwealth of a kind mentioned in section 64 of the Act in respect of the animal or egg.
[7]           After subsection 8 (1)
insert
      (1A)   The period within which a booking fee must be paid is the period starting when the booking is made and ending on the earlier of:
                (a)    7 days after the booking is made; and
               (b)    the day when the animal or egg concerned is presented for acceptance for quarantine at the quarantine station.
      (1B)   The period within which a deposit must be paid is the period starting when the booking is made and ending:
                (a)    if the animal is a chick to be hatched from an egg held for hatching in quarantine — 6 months before the consignment of eggs concerned is accepted for quarantine at the quarantine station;
               (b)    in the case of any other animal — 1 month before the animal concerned is accepted for quarantine at the quarantine station.
[8]           Subsections 8 (5) and (6)
substitute
         (5)   A demand for payment of a fee or a deposit must not be made unless the person liable for the fee or deposit, or the person’s agent, has been informed of the amount payable.
         (6)   If:
                (a)    a fee is required to be paid before a quarantine service is provided; or
               (b)    a deposit is required to be paid in respect of a quarantine service;
a quarantine officer may withhold the provision of the service until the fee or deposit is paid.
[9]           Schedule 1, heading
substitute
Schedule 1        Fees
(sections 6, 6A, 7A, 7B)
[10]         Schedule 1, Part 3, heading
substitute
Part 3          Animals and eggs — basic fees
Note   The meaning of “consignment” in this Part is affected by subsections 5 (4) and (5).
[11]         Schedule 1, item 36
omit everything before and including paragraph (a) in column 2 (including paragraphs (a) and (b) (first occurring) in column 3), insert
36
For holding any of the following animals or eggs in quarantine at a quarantine station and performing services in relation to the animal or egg:
 

 
   (a)  ruminant and camelid animals
$25.00 a day for each animal
The fee does not cover care and maintenance or the provision of feed or veterinary supplies

[12]         Schedule 1, item 36, paragraphs (c) to (f)
substitute
 
   (c)  cats
   (a)  for the first cat in a consignment — $29.00 a day; and
   (b)  for each additional cat in the consignment, if sharing accommodation with the first cat — $23.00 a day
If a consignment includes a cat mothering kittens, that cat is the first cat in the consignment
For the purposes of this paragraph, cat does not include a kitten that is less than 12 weeks old

 
   (d)  a cat that bears kittens in quarantine
In addition to the fee worked out in accordance with paragraph (c) — $1 500.00

 
(da)  1 or more kittens in the litter of a cat
$11.00 a day

 
   (e)  dogs
   (a)  for the first dog in a consignment —$39.00 a day; and
   (b)  for each additional dog in the consignment, if sharing accommodation with the first dog — $33.00 a day
If a consignment includes a bitch mothering pups, that bitch is the first dog in the consignment
For the purposes of this paragraph, dog does not include a pup that is less than 12 weeks old

 
   (f)  a bitch that bears pups in quarantine
In addition to the fee worked out in accordance with paragraph (e) — $1 500.00

 
(fa)  1 or more pups in the litter of a bitch:
$11.00 a day

[13]         Schedule 1, item 36, paragraphs (j) and (k)
substitute
 
    (j)  live birds
For each consignment — $450.00 a day

 
  (ja)  birds’ eggs for hatching
For each consignment — $525.00 a day (including the days after the eggs have hatched)

 
   (k)  an animal that is not mentioned in paragraphs (a) to (j) and that weighs
 

 
         (i)   less than 60 kg
$16.00 a day for each animal

 
        (ii)   60 kg or more
   (a)  for each of the first 25 animals in a consignment — $34.00 a day; and
   (b)  for each additional animal in the consignment — $10.00 a day
The fee does not cover the provision of feed or veterinary supplies

[14]         Schedule 1, item 37
omit
[15]         Schedule 1, item 38
substitute
38
For use of accommodation at a quarantine station by the importer of an animal (except at the Torrens Island Quarantine Station)
   (a)  in the intake period for animal — $10.00 a day for each person; and
   (b)  in the official quarantine period for the animal:
         (i)   $150.00 for each week or part of a week; and
        (ii)   $10.00 a day for each person accommodated; and
   (c)  after the animal has been released from quarantine — $31.00 a day for each person accommodated
The fee does not cover cleaning of the accommodation
For this item, week means a continuous period of 7 days

38A
For use of a house for accommodation at the Torrens Island Quarantine Station by importers of animals
$180.00 for each week or part of a week
The fee does not cover cleaning of the accommodation
For this item, week means a continuous period of 7 days

[16]         Schedule 1, after Part 3
insert
Part 3A       Animals — booking fees and deposits
Note   The meaning of “consignment” in this Part is affected by subsections 5 (4) and (5).
Division 1       Booking fees
 
Column 1
Column 2
Column 3

Item
Animal
Booking fee

38B
   (a)  An animal of a kind mentioned in paragraph (a) or (j) of item 36
$1 000.00
If the animal is to be in a consignment of 2 or more animals, the booking fee is only payable for the first animal in the consignment

 
   (b)  A chick that hatches from an egg mentioned in paragraph (ja) of item 36
$1 000.00
If the chick is to be hatched from an egg that is in a consignment of 2 or more eggs for hatching, the booking fee is only payable for the first chick hatched from the consignment

Division 2       Deposits
 
Item
Animal
Deposit

38C
   (a)  An animal of a kind mentioned in paragraph (j) of item 36
7 times the amount of the fee specified as the daily fee in column 3 of paragraph (j) of item 36
If the animal is to be in a consignment of 2 or more animals, the deposit is only payable for the first animal in the consignment

   (b)  A chick that hatches from an egg mentioned in paragraph (ja) of item 36
25 times the amount of the fee specified as the daily fee in column 3 of paragraph (ja) of item 36
If the chick is to be hatched from an egg that is in  a consignment of 2 or more eggs for hatching, the deposit is only payable for the first chick hatched from the consignment

Notes
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.