Export Control (Fees and Payments) Rules 2021 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Division 1—Preliminary 1
1‑1 Name.................................................................................................................................... 1
1‑3 Authority.............................................................................................................................. 1
1‑4 Extension to certain external Territories.............................................................................. 1
1‑5 Simplified outline of this instrument.................................................................................... 1
Division 2—Interpretation 3
1‑6 Definitions............................................................................................................................ 3
2‑1 Purpose and application of this Part..................................................................................... 6
2‑2 Fees in relation to audits....................................................................................................... 6
2‑3 Fees in relation to assessments and inspections................................................................. 10
2‑4 Fees in relation to meat inspection services....................................................................... 19
2‑4A Fees in relation to applications for veterinarian accreditation......................................... 22
2‑5 Fees in relation to applications for export documents........................................................ 25
2‑5A Fees in relation to applications for livestock export licences.......................................... 38
2‑6 Fees in relation to applications for exemption................................................................... 41
2‑7 Fees in relation to fee‑bearing activities carried out in relation to prescribed livestock, etc. by Commonwealth authorised officer outside ordinary hours of duty....................................................... 45
2‑9 Fees in relation to fee‑bearing activities carried out in relation to prescribed meat or prescribed meat products by Commonwealth authorised officer during period for which overtime is payable...... 46
2‑10 Fees in relation to other fee‑bearing activities carried out outside ordinary hours of duty 48
2‑11 Fees in relation to activities carried out in dealing with applications to accredit a property, register an establishment or approve a proposed arrangement or an ESCAS etc........................ 48
2‑13 Fees in relation to third party authorised officers—prescribed plants or prescribed plant products 54
2‑14 Exemptions from fees....................................................................................................... 56
3‑1 Time for payment of cost‑recovery charge........................................................................ 57
3‑2 Person liable to pay basic charge....................................................................................... 57
3‑3 Late payment fees............................................................................................................... 59
3‑4 Liability of agent to pay cost‑recovery charge................................................................... 60
4‑1 Reviewable decision to take action under section 406 of the Act...................................... 61
Division 1—Export Control (Fees and Payments) Amendment Rules 2021 62
5‑1 Fee‑bearing activities carried out in relation to prescribed meat or prescribed meat products by Commonwealth authorised officer during period for which shift loading is payable........................... 62
Division 2—Export Control Legislation Amendment (2024 Measures No. 2) Rules 2024 63
5‑2 Amendments made by the Export Control Legislation Amendment (2024 Measures No. 2) Rules 2024 63
Endnote 1—About the endnotes 64
Endnote 2—Abbreviation key 65
Endnote 3—Legislation history 66
Endnote 4—Amendment history 67
This instrument is the
Export Control (Fees and Payments) Rules 2021 .
This instrument is made under the
Export Control Act 2020 .
(1) For the purposes of subsection 8(2) of the Act, this instrument extends to:
(a) Norfolk Island; and
(b) the exclusive economic zone adjacent to Norfolk Island; and
(c) the area that is on or in the continental shelf adjacent to Norfolk Island and is not within the exclusive economic zone adjacent to Norfolk Island.
Note: The
Export Control Act 2020 and theExport Control (Plants and Plant Products) Rules 2021 extend to Norfolk Island and the areas referred to in paragraphs (b) and (c) of this subsection (see section 1‑4 of theExport Control (Plants and Plant Products) Rules 2021 ).(2) For the purposes of subsection 8(2) of the Act, this instrument extends to:
(a) the Territory of Heard Island and McDonald Islands; and
(b) the exclusive economic zone adjacent to that Territory; and
(c) the area that is on or in the continental shelf adjacent to that Territory and is not within the exclusive economic zone adjacent to that Territory.
Note: The
Export Control Act 2020 and theExport Control (Fish and Fish Products) Rules 2021 extend to the Territory of Heard Island and McDonald Islands and the areas referred to in paragraphs (b) and (c) of this subsection (see section 1‑4 of theExport Control (Fish and Fish Products) Rules 2021 ).
General This instrument prescribes matters relating to cost recovery for the purposes of Part 4 of Chapter 11 of the
Export Control Act 2020 (theAct ).Part 2 of this instrument prescribes fees that may be charged in relation to specified fee‑bearing activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Act.
Part 3 of this instrument prescribes certain matters relating to the payment of specified cost‑recovery charges. A cost‑recovery charge is:
(a) a fee prescribed by Part 2 of this instrument; or
(b) a charge imposed by the
Export Charges (Imposition—Customs) Act 2015 , theExport Charges (Imposition—Excise) Act 2015 or theExport Charges (Imposition—General) Act 2015 ; or(c) a late payment fee relating to a fee or a charge described in paragraph (a) or (b).
A cost‑recovery charge is due and payable when a demand for payment of the charge is made.
A cost‑recovery charge is payable by the person, or persons, prescribed by section 3‑2 of this instrument.
An agent of a person liable to pay a cost‑recovery charge is jointly and severally liable with that person to pay the charge and the agent may recover an amount equivalent to the charge from the person as a debt due to the agent.
If a basic charge is not paid at or before the time the basic charge is due and payable, a late payment fee is imposed in addition to the basic charge.
Extension to Norfolk Island and Territory of Heard Island and McDonald Islands This instrument extends to Norfolk Island and the Territory of Heard Island and McDonald Islands and certain areas adjacent to those Territories.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) animal reproductive material;
(b) approved export program;
(c) Commonwealth authorised officer;
(d) cost‑recovery charge;
(e) export operations;
(f) fee‑bearing activities;
(g) government certificate;
(h) late payment fee;
(i) registered establishment;
(j) State or Territory authorised officer;
(k) tariff rate quota certificate;
(l) third party authorised officer.
In this instrument:
Act means theExport Control Act 2020 , and includes:
(a) legislative instruments made under the
Export Control Act 2020 ; and(b) the Regulatory Powers Act as it applies in relation to the
Export Control Act 2020 .
Animals Rules means theExport Control (Animals) Rules 2021 .
assessment means an assessment of goods under Part 2 of Chapter 9 of the Act.
audit means an audit under Part 1 of Chapter 9 of the Act.
basic charge means:
(a) a fee prescribed by a provision in Part 2 of this instrument; or
(b) a charge imposed by:
(i) the
Export Charges (Imposition—Customs) Act 2015 ; or(ii) the
Export Charges (Imposition—Excise) Act 2015 ; or(iii) the
Export Charges (Imposition—General) Act 2015 .Note: See also the
Export Charges (Imposition—Customs) Regulations 2021 and theExport Charges (Imposition—General) Regulations 2021 .
departmental holiday , in relation to a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is observed as a public holiday in the place where the fee‑bearing activity is carried out.
ESCAS has the meaning given by the Animals Rules.
export document means a government certificate, an export permit, a tariff rate quota certificate, or any other document that is issued or certified under the Act or under an instrument made under the Act in relation to the export of goods, but does not include:
(a) an export licence; or
(b) an approved ESCAS within the meaning of the Animals Rules; or
(c) a pre‑export approval within the meaning of the Animals Rules; or
(d) an instrument of exemption given under subsection 56(1) of the Act.
horticultural products has the meaning given by theExport Control (Plants and Plant Products) Rules 2021 .
meat inspection position means a meat inspection position within the meaning of any of the following:
(a) the
Export Control (Meat and Meat Products) Rules 2021 ;(b) the
Export Control (Poultry Meat and Poultry Meat Products) Rules 2021; (c) the
Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021; (d) the
Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021 .
meat inspection service means a meat inspection service within the meaning of any of the following:
(a) the
Export Control (Meat and Meat Products) Rules 2021 ;(b) the
Export Control (Poultry Meat and Poultry Meat Products) Rules 2021 ;(c) the
Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021 ;(d) the
Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021 .
month means a calendar month.
occupier , of a registered establishment, has the meaning given by subsection 19(1) of the Act.
ordinary hours of duty means the period that begins at 6.30 am and ends at 6.30 pm on a weekday.
prescribed animal reproductive material has the meaning given by the Animals Rules.
prescribed egg products has the meaning given by theExport Control (Eggs and Egg Products) Rules 2021 .
prescribed eggs has the meaning given by theExport Control (Eggs and Egg Products) Rules 2021 .
prescribed fish has the meaning given by theExport Control (Fish and Fish Products) Rules 2021 .
prescribed fish products has the meaning given by theExport Control (Fish and Fish Products) Rules 2021 .
prescribed live animals has the meaning given by the Animals Rules.
prescribed livestock has the meaning given by the Animals Rules.
prescribed meat means any of the following:
(a) prescribed meat within the meaning of the
Export Control (Meat and Meat Products) Rules 2021 ;(b) prescribed poultry meat within the meaning of the
Export Control (Poultry Meat and Poultry Meat Products) Rules 2021 ;(c) prescribed rabbit meat within the meaning of the
Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021 ;(d) prescribed ratite meat within the meaning of the
Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021 ;(e) prescribed wild game meat within the meaning of the
Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021 .
prescribed meat products means any of the following:
(a) prescribed meat products within the meaning of the
Export Control (Meat and Meat Products) Rules 2021 ;(b) prescribed poultry meat products within the meaning of the
Export Control (Poultry Meat and Poultry Meat Products) Rules 2021 ;(c) prescribed rabbit meat products within the meaning of the
Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021 ;(d) prescribed ratite meat products within the meaning of the
Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021 ;(e) prescribed wild game meat products within the meaning of the
Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021 .
prescribed milk has the meaning given by theExport Control (Milk and Milk Products) Rules 2021 .
prescribed milk products has the meaning given by theExport Control (Milk and Milk Products) Rules 2021 .
prescribed organic goods has the meaning given by theExport Control (Organic Goods) Rules 2021 .
prescribed plant products has the meaning given by theExport Control (Plants and Plant Products) Rules 2021 .
prescribed plants has the meaning given by theExport Control (Plants and Plant Products) Rules 2021 .
weekday , in relation to a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a departmental holiday in the place where the activity is carried out.
(1) For the purposes of subsection 399(1) of the Act, this Part prescribes fees that may be charged in relation to specified fee‑bearing activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Act.
(2) Unless the contrary intention appears, each fee prescribed by this Part in relation to a fee‑bearing activity is in addition to any other fee prescribed by this Part in relation to that fee‑bearing activity.
Note: A fee is not payable under this instrument in relation to a fee‑bearing activity in certain circumstances (see section 2‑14).
(1) Subject to subsection (2), the fee that may be charged in relation to the fee‑bearing activity specified in column 1 of an item in the following table is the amount specified in, or worked out in accordance with, column 2 of the item.
1 | Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to: (a) prescribed livestock for export; or (b) prescribed live animals for export; or
| The amount is as follows:
|
2 | Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed plants or prescribed plant products for export | The amount is as follows:
|
3 | Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed meat or prescribed meat products for export | The amount is as follows:
|
4 | Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed milk or prescribed milk products for export | |
The amount is as follows:
| ||
5 | Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed fish or prescribed fish products for export | The amount is as follows:
|
6 | Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed eggs or prescribed egg products for export | The amount is as follows:
|
7 | Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed organic goods for export | The amount is as follows:
|
8 | Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to goods (other than goods covered by items 1 to 7) in relation to which an application for a government certificate has been made under subsection 65(1) of the Act | The amount is as follows:
|
9 | Provision of consumable materials used in carrying out an activity specified in any of items 1 to 8 | An amount equivalent to the cost of the consumable materials |
(2) If an audit is conducted of export operations carried out at a registered establishment in relation to a kind of goods specified in column 1 of more than one item in the table in subsection (1) (the
relevant items ), the fee that may be charged in relation to the audit is the higher, or the highest, of the amounts specified in, or worked out in accordance with, column 2 of the relevant items.Note: Additional fees are payable if a fee‑bearing activity is carried out in relation to certain kinds of goods by a Commonwealth authorised officer outside ordinary hours of duty or during a period for which overtime is payable (see sections 2‑7 to 2‑10).
The fee that may be charged in relation to the fee‑bearing activity specified in column 1 of an item in the following table is the amount specified in, or worked out in accordance with, column 2 of the item.
1 | Assessment by a Commonwealth authorised officer of: (a) prescribed livestock for export; or (b) prescribed live animals for export; or
| The amount is as follows:
|
2 | Assessment by a Commonwealth authorised officer, or a State or Territory authorised officer, of horticultural products for export | The amount is as follows:
|
2A | Assessment by a Commonwealth authorised officer, or a State or Territory authorised officer, of prescribed plants or prescribed plant products (other than horticultural products) for export | The amount is as follows:
|
3 | Inspection of a bulk vessel under Part 5 of Chapter 9 of the | The amount is as follows:
|
4 | Inspection of a container under Part 6 of Chapter 9 of the | The amount is as follows:
|
5 | Assessment by a Commonwealth authorised officer of prescribed meat or prescribed meat products for export (other than meat inspection services covered by section 2‑4) | The amount is as follows:
|
6 | Assessment by a Commonwealth authorised officer of prescribed milk or prescribed milk products for export | The amount is as follows:
|
7 | Assessment by a Commonwealth authorised officer of prescribed fish or prescribed fish products for export | The amount is as follows:
|
8 | Assessment by a Commonwealth authorised officer of prescribed eggs or prescribed egg products for export | The amount is as follows:
|
9 | Assessment by a Commonwealth authorised officer of goods (other than goods covered by item 1, 2, 2A or 5 to 8) in relation to which an application for a government certificate has been made under subsection 65(1) of the Act | The amount is as follows:
|
9A | Activities carried out by a Commonwealth authorised officer as directed by the Secretary under section 313 of the Act in relation to an approved export program | The amount is as follows:
|
| ||
10 | Provision of consumable materials used in carrying out an activity specified in any of items 1 to 9 | An amount equivalent to the cost of the consumable materials |
Note: Additional fees are payable if a fee‑bearing activity is carried out in relation to certain kinds of goods by a Commonwealth authorised officer outside ordinary hours of duty or during a period for which overtime is payable (see sections 2‑7 to 2‑10).
(1) The fee that may be charged in relation to the fee‑bearing activity specified in column 1 of an item in the following table is the amount specified in, or worked out in accordance with, column 2 of the item.
1 | Meat inspection services carried out at a registered establishment:
| The amount is as follows:
|
(2) For the purposes of subparagraph (b)(ii) and paragraph (c) of column 2 of item 1 of the table in subsection (1), the formula is:
where:
number of quarter hours means:(a) if the meat inspection position is allocated to the registered establishment to carry out meat inspection services for more than 40 hours per week—the number of quarter hours after the first 40 hours per week that the position is allocated to carry out the services at the establishment; or
(b) if the meat inspection position is allocated to the registered establishment to carry out meat inspection services for less than 40 hours per week—the number of quarter hours per week that the position is allocated to carry out the services at the establishment.
quarterly hour fee means:(a) if the meat inspection position allocated to the registered establishment to carry out meat inspection services is occupied by a veterinarian—$36; or
(b) if the meat inspection position allocated to the registered establishment to carry out meat inspection services is occupied by a person other than a veterinarian—$27.
Pro‑rating of fee—shutdown period (3) If:
(a) the occupier of a registered establishment with an allocation of meat inspection services notifies the Secretary, in writing, that the meat inspection services are not required for a specified period (the
shutdown period ); and(b) the notice is given within the period, or by the time, required by the rules relating to the meat inspection services;
the fee prescribed by paragraph (a), (b) or (c) of column 2 of item 1 of the table in subsection (1) for a meat inspection position allocated to the registered establishment to carry out meat inspection services is reduced by the percentage (rounded to the nearest whole number, rounding up if the first decimal place is 5 or more) worked out as follows:
Pro‑rating of fee—termination of meat inspection services (4) If:
(a) the occupier of a registered establishment with an allocation of meat inspection services notifies the Secretary, in writing, that the occupier wishes to terminate the provision of meat inspection services on a specified day (the
termination day ); and(b) the notice is given within the period, or by the time, required by the rules relating to the meat inspection services; and
(c) the termination of some, or all, meat inspection services results in a meat inspection position (the
affected position ) allocated to the registered establishment being terminated;
the fee prescribed by paragraph (a), (b) or (c) of column 2 of item 1 of the table in subsection (1) for the affected position is reduced by the percentage (rounded to the nearest whole number, rounding up if the first decimal place is 5 or more) worked out as follows:
Pro‑rating of fee—variations to allocation (5) If:
(a) the Secretary varies the allocation of meat inspection services to a registered establishment in accordance with rules relating to the meat inspection service; and
(b) the number of hours that a meat inspection position (the
affected position ) is allocated to the establishment to carry out meat inspection services is increased or reduced on the day the variation takes effect (thevariation day );
the amount of the fee for the month that the variation day occurs is the sum of the following amounts:
(c) the fee prescribed by paragraph (a), (b) or (c) of column 2 of item 1 of the table in subsection (1) for the affected position that applies before the variation day reduced by the percentage (rounded to the nearest whole number, rounding up if the first decimal place is 5) worked out using the formula in subsection (6);
(d) the fee prescribed by paragraph (a), (b) or (c) of column 2 of item 1 of the table in subsection (1) for the affected position that applies on and from the variation day reduced by the percentage (rounded to the nearest whole number, rounding up if the first decimal place is 5 or more) worked out using the formula in subsection (6).
(6) For the purposes of paragraphs (5)(c) and (d), the formula is:
where:
number of relevant days means:(a) if the formula is being applied for the purposes of paragraph (5)(c)—the number of days in the month before the variation day; or
(b) if the formula is being applied for the purposes of paragraph (5)(d)—the number of days in the period beginning on the variation day and ending at the end of the month in which the variation day occurs.
The fee that may be charged in relation to the fee‑bearing activity specified in column 1 of an item in the following table is the amount specified in, or worked out in accordance with, column 2 of the item.
1 | Consideration by a Commonwealth authorised officer of an application by a veterinarian for accreditation under Division 2 of Part 3 of Chapter 9 of the Animals Rules | The amount is as follows:
|
2 | Consideration by a Commonwealth authorised officer of an application by an accredited veterinarian for renewal of the veterinarian’s accreditation under Division 3 of Part 3 of Chapter 9 of the Animals Rules | The amount is as follows:
|
3 | Consideration by a Commonwealth authorised officer of an application by an accredited veterinarian for variation of the veterinarian’s accreditation under Division 4 of Part 3 of Chapter 9 of the Animals Rules | The amount is as follows:
|
Note: Additional fees are payable if a fee‑bearing activity is carried out by a Commonwealth authorised officer outside ordinary hours of duty (see section 2‑10).
The fee that may be charged in relation to the fee‑bearing activity specified in column 1 of an item in the following table is the amount specified in, or worked out in accordance with, column 2 of the item.
1 | Consideration of an application for the issue of an export document (other than a tariff rate quota certificate) for: (a) prescribed livestock; or (b) prescribed live animals; or (c) prescribed animal reproductive material | The amount is as follows:
| |
2 | Consideration of an application for the issue of an export document (other than a tariff rate quota certificate) for horticultural products | The amount is as follows:
| |
2A | Consideration of an application for the issue of an export document (other than a tariff rate quota certificate) for prescribed plants or prescribed plant products (other than horticultural products) | The amount is as follows:
| |
| |||
3 | Consideration of an application for the issue of an export document for prescribed meat or prescribed meat products | The amount is as follows:
| |
4 | Consideration of an application for the issue of an export document for prescribed milk or prescribed milk products | The amount is as follows:
| |
5 | Consideration of an application for the issue of an export document (other than a tariff rate quota certificate) for:
(b) prescribed eggs or prescribed egg products | The amount is as follows:
| |
6 | Consideration of an application under subsection 65(1) of the Act for the issue of a government certificate in relation to goods, other than goods covered by items 1 to 5 | The amount is as follows:
| |
7 | Consideration of an application for the issue of a tariff rate quota certificate in relation to goods, other than prescribed meat, prescribed meat products, prescribed milk or prescribed milk products | The amount is as follows:
| |
8 | Provision of any consumable materials used in performing a service specified in any of items 1 to 7 | An amount equivalent to the cost of the consumable materials | |
Note 1: Consideration of an application for the issue of a tariff rate quota certificate in relation to prescribed meat, prescribed meat products, prescribed milk or prescribed milk products, is covered by item 3 or 4 (see the definition of
export document in section 1‑6).Note 2: Additional fees are payable if a fee‑bearing activity is carried out in relation to certain kinds of goods by a Commonwealth authorised officer outside ordinary hours of duty or during a period for which overtime is payable (see sections 2‑7 to 2‑9).
The fee that may be charged in relation to the fee‑bearing activity specified in column 1 of an item in the following table is the amount specified in, or worked out in accordance with, column 2 of the item.
1 | Consideration of an application under section 190 of the Act for a livestock export licence | The amount is as follows:
|
2 | Consideration of an application under section 195 of the Act to renew a livestock export licence | The amount is as follows:
|
3 | Consideration of an application under subsection 199(1) of the Act to make a variation in relation to a livestock export licence | The amount is as follows:
|
Note: Additional fees are payable if a fee‑bearing activity is carried out by a Commonwealth authorised officer outside ordinary hours of duty (see section 2‑10).
The fee that may be charged in relation to an application made under section 53 of the Act for an exemption from one or more provisions of the Act in relation to relevant goods specified in column 1 of an item in the following table (other than relevant goods to which subsection 52(3) of the Act applies) is the amount specified in, or worked out in accordance with, column 2 of the item.
1 | Consideration of an application (other than an application mentioned in item 1A) for an exemption in relation to: (a) prescribed livestock for export; or (b) prescribed live animals for export; or
| The amount is as follows:
|
| The amount is as follows:
| |
3 | Consideration by a Commonwealth authorised officer of:
| The amount is as follows:
|
4 | Consideration by a Commonwealth authorised officer of:
| The amount is as follows:
|
5 | Consideration by a Commonwealth authorised officer of:
| The amount is as follows:
|
6 | Consideration by a Commonwealth authorised officer of:
| The amount is as follows:
|
7 | Consideration by a Commonwealth authorised officer of:
| The amount is as follows:
|
8 | Provision of consumable materials used in carrying out an activity specified in any of items 1 to 7 | An amount equivalent to the cost of the consumable materials |
(2) If an activity is carried out in relation to an application relating to a kind of goods specified in column 1 of more than one item in the table in subsection (1) (the
relevant items ), the fee that may be charged in relation to the activity is the higher, or the highest, of the amounts specified in, or worked out in accordance with, column 2 of the relevant items.
The fee that may be charged in relation to the fee‑bearing activity specified in column 1 of an item in the following table is the amount specified in column 2 of the item.
1 | Consideration of an application by a person:
| The amount is as follows:
|
2 | Training, and initial assessment of competence, of a person who has made an application specified in paragraph (a) of column 1 of item 1 | The amount is as follows:
|
3 | Additional training, and assessment of competence, of a person who was found not to be competent after an assessment specified in item 2 | The amount is as follows:
|
4 | Making an instrument under subsection 291(7) of the Act authorising a person to be a third party authorised officer for the purpose of performing functions and exercising powers in relation to prescribed plants or prescribed plant products, or varying such an instrument under subsection 298A(6) of the Act | The amount is as follows:
|
A fee is not payable under this instrument in relation to a fee‑bearing activity that relates to:
(a) the export of an assistance animal within the meaning of the
Disability Discrimination Act 1992 ; or(b) goods that are to be exported from Australia by an organisation approved by the Secretary that provides aid or assistance in a foreign country; or
(c) a registered establishment that is a marine laboratory:
(i) that is operated or funded by the Commonwealth or a State or Territory; and
(ii) the primary function of which is to research and develop export markets without engaging in commercial trade.
For the purposes of paragraph 400(a) of the Act, a cost‑recovery charge is due and payable when a demand for payment of the charge is made.
Note: A cost‑recovery charge that is due and payable to the Commonwealth under the Act may be recovered as a debt due to the Commonwealth by action in a relevant court (see section 404 of the Act).
For the purposes of section 401 of the Act, a basic charge in relation to a matter specified in column 1 of an item in the following table is payable by the person specified in column 2 of the item.
1 | Fee‑bearing activity in relation to which a fee may be charged under Part 2 of this instrument | The person for whom the fee‑bearing activity is, or is to be, carried out |
2 | Export of livestock specified in an item in the table in section 7 of the | The exporter of the goods or, if the goods are exported by 2 or more persons, the exporters of the goods |
3 | Export of plants or plant products specified in an item in the table in subsection 8(1) of the | The exporter of the goods or, if the goods are exported by 2 or more persons, the exporters of the goods |
4 | Registered establishment specified in an item in the table in subsection 9(1) of the | The occupier of the registered establishment or, if there are 2 or more occupiers of the registered establishment, the occupiers of the registered establishment |
5 | Slaughtering or dressing goods specified in an item in the table in subsection 10(1) of the | The occupier of the registered establishment or, if there are 2 or more occupiers of the registered establishment, the occupiers of the registered establishment |
6 | Application specified in an item in the table in section 11 of the | The person who made the application |
7 | Development and management of an approved arrangement for operations to prepare prescribed livestock for export specified in item 1 or 2 in the table in section 12 of the | The holder of the livestock export licence covering the export of the livestock |
8 | Development and management of an approved arrangement for organic goods certification operations specified in item 3 in the table in section 12 of the | The holder of the approved arrangement |
9 | Livestock export licence specified in item 1 in the table in section 13 of the | The holder of the livestock export licence |
10 | Meat export licence specified in item 2 in the table in section 13 of the | The holder of the meat export licence |
11 | Issue of export document specified in an item in the table in section 14 of the | The person to whom the export document is issued |
12 | Third party authorised officer specified in item 1 or 2 in the table in section 15 of the | The third party authorised officer |
Note 1: For
basic charge , see section 1‑6.Note 2: An agent of a person who is liable to pay a basic charge under this section is jointly and severally liable with that person to pay the charge (see section 3‑4).
Purpose of this section (1) This section is made for the purposes of section 403 of the Act.
Late payment fee (2) If a basic charge is not paid at or before the time the basic charge is due and payable, a late payment fee is imposed, worked out in accordance with subsection (3), in addition to the basic charge.
(3) The late payment fee is worked out using the following formula:
where:
days overdue is the number of days after the basic charge is due and payable that elapse before the day the basic charge is paid.
Person liable to pay late payment fee (4) The person who was liable to pay the basic charge is liable to pay the late payment fee.
Note: An agent of a person who is liable to pay a late payment fee under this section is jointly and severally liable with that person to pay the late payment fee (see section 3‑4).
(1) This section is made for the purposes of paragraph 400(b) of the Act.
(2) An agent of a person liable to pay a cost‑recovery charge is jointly and severally liable with that person to pay the charge.
(3) If:
(a) an agent of a person liable to pay a cost‑recovery charge pays the charge on behalf of the person; and
(b) at the time the payment is made, the agent has not collected an amount equivalent to the charge from the person;
the agent may recover such an amount from the person as a debt due to the agent.
For the purposes of subsection 381(2) of the Act:
(a) a decision under section 406 of the Act to take action in relation to a person is a reviewable decision; and
(b) the person in relation to whom the action is to be taken is the relevant person for the reviewable decision.
Note: If a person (the
debtor ) is liable to pay a cost‑recovery charge that is due and payable, the Secretary may, under section 406 of the Act, refuse to carry out, or direct a person not to carry out, specified activities or kinds of activities in relation to the debtor under the Act until the cost‑recovery charge has been paid.
(1) To avoid doubt, despite the repeal of section 2‑8 by the
Export Control (Fees and Payments) Amendment Rules 2021 , that section continues to apply, in relation to a fee‑bearing activity carried out before the repeal, as if the repeal had not happened.(2) This section does not limit the effect of section 7 of the
Acts Interpretation Act 1901 (as it applies because of paragraph 13(1)(a) of theLegislation Act 2003 ).
The amendments of this instrument made by Schedule 1 to the
Export Control Legislation Amendment (2024 Measures No. 2) Rules 2024 apply in relation to a fee‑bearing activity carried out on or after 1 November 2024.
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
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
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) | reloc = relocated |
ed = editorial change | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | 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) | |
o = order(s) | commenced or to be commenced |
Export Control (Fees and Payments) Rules 2021 | 24 Mar 2021 (F2021L00309) | 3 am (A.C.T.) 28 Mar 2021 (s 1-2(1) item 1) | |
Export Control (Fees and Payments) Amendment Rules 2021 | 28 June 2021 (F2021L00875) | 1 July 2021 (s 2(1) item 1) | — |
Export Control (Fees and Payments) Amendment (2021 Measures No. 2) Rules 2021 | 30 June 2021 (F2021L00936) | 1 July 2021 (s 2(1) item 1) | — |
Export Control Legislation Amendment (2024 Measures No. 2) Rules 2024 | 24 Oct 2024 (F2024L01350) | Sch 1 (items 1–7): 1 Nov 2024 (s 2(1) item 1) | — |
s 1-2................................... | rep LA s 48D |
s 1-6................................... | am F2021L00875; F2024L01350 |
s 2-2................................... | am F2021L00875; F2021L00936 |
s 2-3................................... | am F2021L00875; F2021L00936 |
s 2-4................................... | am F2021L00875 |
ed C1 | |
rs F2024L01350 | |
s 2-4A................................. | ad F2021L00875 |
s 2-5................................... | am F2021L00875 |
s 2-5A................................. | ad F2021L00875 |
s 2-6................................... | am F2021L00875; F2021L00936 |
s 2-8................................... | rep F2021L00875 |
s 2-10.................................. | am F2021L00875 |
s 2-11.................................. | am F2021L00875; F2021L00936; F2024L01350 |
s 2-12.................................. | rep F2021L00875 |
s 2-13.................................. | am F2021L00875 |
s 3-2................................... | am F2021L00875 |
Part 5.................................. | ad F2021L00875 |
s 5-1................................... | ad F2021L00875 |
Division 2........................... | ad F2024L01350 |
s 5-2................................... | ad F2024L01350 |
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