Imported Food Charges (Imposition—Customs) Amendment (2025 Measures No. 1) Regulations 2025 (Cth)

Imported Food Charges (Imposition—Customs) Amendment (2025 Measures No. 1) Regulations 2025

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 26 June 2025

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Julie Collins

Minister for Agriculture, Fisheries and Forestry

Contents

1Name

This instrument is the Imported Food Charges (Imposition—Customs) Amendment (2025 Measures No. 1) Regulations 2025.

2Commencement

1. (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 July 2025.	1 July 2025

Note: This table relates only to the provisions of this instrument as originally made.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

1. (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.

3Authority

This instrument is made under the Imported Food Charges (Imposition—Customs) Act 2015.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1AmendmentsImported Food Charges (ImpositionCustoms) Regulation 20151

Section 5

Insert:

approved arrangement has the same meaning as in the Biosecurity Act 2015.

Class 19 Arrangement means an approved arrangement that:

1. (a)

   provides for the person covered by the arrangement to assess documents to manage biosecurity risks associated with containerised sea freight; and

2. (b)

   does not require the person to carry out biosecurity activities at a particular place.

relevant arrangement or agreement means:

1. (a)

   an approved arrangement; or

2. (b)

   a compliance agreement.

2

Subsection 6(1) (table item 2)

Repeal the item, substitute:

2	Administration and ongoing management of 2 or more relevant arrangements or agreements that cover a person at any time in a financial year, but only if: (a) at least one of them is a compliance agreement; and (b) at least 2 of them covered the person immediately before the start of the financial year	For a financial year, or part of a financial year, in which the relevant arrangements or agreements are in force—$3,316
3	Administration and ongoing management of a compliance agreement (other than a compliance agreement to which item 2 applies)—the first such compliance agreement that covers a person in a financial year, but only if the person is not covered by an approved arrangement when the compliance agreement first covers the person	For a financial year, or part of a financial year, in which the compliance agreement is in force: (a) if the compliance agreement is in force before 1 January in the financial year—$2,857; or (b) if paragraph (a) does not apply—an amount that is 50% of the amount specified in paragraph (a)
4	Administration and ongoing management of one or more relevant arrangements or agreements (other than a relevant arrangement or agreement to which item 2 or 3 applies) that cover a person at any time in a financial year, but only if at least one of them is a compliance agreement	For a financial year, or part of a financial year, in which the relevant arrangements or agreements are in force: (a) if: (i) the first relevant arrangement or agreement (the first relevant arrangement or agreement) that covers the person in the financial year is a Class 19 Arrangement; and (ii) at least one further relevant arrangement or agreement (other than a Class 19 Arrangement) is in force before 1 January in the financial year; $2,744; or (b) if: (i) the first relevant arrangement or agreement is a Class 19 Arrangement that is in force before 1 January in the financial year; and (ii) paragraph (a) does not apply; and (iii) at least one further relevant arrangement or agreement (other than a Class 19 Arrangement) is in force on or after 1 January in the financial year; $1,086; or (c) if: (i) the first relevant arrangement or agreement is a Class 19 Arrangement that is in force on or after 1 January in the financial year; and (ii) neither paragraph (a) nor (b) applies; and (iii) at least one further relevant arrangement or agreement (other than a Class 19 Arrangement) is in force on or after 1 January in the financial year; $1,372; or (d) if the first relevant arrangement or agreement is not a Class 19 Arrangement and at least one further relevant arrangement or agreement is in force before 1 January in the financial year—$459; or (e) if: (i) the first relevant arrangement or agreement is not a Class 19 Arrangement; and (ii) paragraph (d) does not apply; and (iii) at least one further relevant arrangement or agreement is in force on or after 1 January in the financial year; $229

3Subsection 6(2)

Repeal the subsection, substitute:

1. (2)

   If an amount of a charge (the increased charge) specified in paragraph (a) of item 3 of the table in subsection (1) is increased under section 6A, the increased charge is to be used for the purposes of working out the amount of the charge under paragraph (b) of the item.

4

Subsection 6A(1)

Omit “are each”, substitute “are, on that day, each”.

5

After subsection 6A(1)

Insert:

(1A) However, subsection (1) does not apply to the dollar amounts mentioned in items 2, 3 and 4 of the table in subsection 6(1) on the indexation day occurring on 1 July 2025.

6

Paragraph 7(b)

Repeal the paragraph, substitute:

1. (b)

   in relation to the imported food matter prescribed by any of items 2, 3 and 4—the person who is covered by the relevant arrangement or agreement, or the relevant arrangements or agreements, to which the charge relates.

7

Subsection 8(2)

Repeal the subsection, substitute:

Administration of relevant arrangements or agreements

1. (2)

   For the purposes of section 9 of the Act, the charge prescribed by item 2 of the table in subsection 6(1) of this instrument for a financial year, or part of a financial year, is not payable by the person who would, but for this subsection, be liable to pay the charge if the person has paid, for that financial year or part, the charge prescribed by:

   1. (a)

      item 13 of the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016; or

   2. (b)

      item 13 of the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016.

2. (3)

   For the purposes of section 9 of the Act, the charge prescribed by item 4 of the table in subsection 6(1) of this instrument for a financial year, or a part of a financial year, is not payable by the person who would, but for this subsection, be liable to pay the charge if the person has paid, for that financial year or part, the charge prescribed by:

   1. (a)

      item 13AB of the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016; or

   2. (b)

      item 13AB of the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016.

8

At the end of the instrument

Add:

Part 3—Application, saving and transitional provisions

9Amendments made by the Imported Food Charges (Imposition—Customs) Amendment (2025 Measures No. 1) Regulations 2025

The amendments of Part 2 of this instrument made by Schedule 1 to the Imported Food Charges (Imposition—Customs) Amendment (2025 Measures No. 1) Regulations 2025 apply in relation to a financial year beginning on or after 1 July 2025.