Biosecurity Charges Imposition (Customs) Amendment (2026 Measures No. 1) Regulations 2026

EXPLANATORY STATEMENT

Issued by Authority of the Minister for Agriculture, Fisheries and Forestry

Biosecurity Charges Imposition (Customs) Act 2015

Biosecurity Charges Imposition (Customs) Amendment (2026 Measures No. 1) Regulations 2026

Legislative Authority

The Biosecurity Charges Imposition (Customs) Act 2015 (the Act) is an Act to impose, as taxes, charges in relation to matters connected with the administration of the Biosecurity Act 2015 (the Biosecurity Act), so far as those charges are duties of customs, and for related purposes. The Biosecurity Act provides the regulatory framework for the management of diseases and pests that may cause harm to human, animal or plant health or the environment. The Act does not set the amounts of the charges and only authorises the imposition of charges prescribed in regulations.

Subsections 7(1) and 7(4) of the Act provide that a regulation may prescribe a charge in relation to a prescribed matter connected with the administration of the Biosecurity Act, provided that the charge is a duty of customs within the meaning of section 55 of the Constitution. Subsection 7(3) of the Act provides that multiple charges may be prescribed in relation to the same matter, and a single charge may be prescribed in relation to two or more matters connected with the administration of the Biosecurity Act.

Subsection 8(1) of the Act provides that regulations may prescribe a charge under subsection 7(1) by specifying an amount as the charge or by specifying a method for calculating the amount of the charge. Subsection 8(2) provides that, before the Governor‑General makes a regulation under subsection 7(1), the Minister must be satisfied that the amount of the charges is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the matter.

For the purpose of subsection 8(2) of the Act, the Minister has certified that she is satisfied that the amounts of the charges in the Biosecurity Charges Imposition (Customs) Amendment (2026 Measures No. 1) Regulations 2026 (the Amendment Regulations) are set at levels designed to recover no more than the Commonwealth’s likely costs in connection with the prescribed matters to which they relate. The Department of Agriculture, Fisheries and Forestry (the department) has confirmed that the prices of the charges in the Amendment Regulations are designed to recover no more than the Commonwealth’s likely costs in connection with the items to which the charges relate.

Section 10 of the Act provides that the regulations may provide for exemptions from a charge prescribed under subsection 7(1).

Section 12 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Purpose

The purpose of the Amendment Regulations is to ensure that cost recovery charges for biosecurity measures remain effective and fit-for-purpose. The Amendment Regulations amend the Biosecurity Charges Imposition (Customs) Regulation 2016 (the Principal Regulation) to implement new and amended charges from 1 July 2026.

In October 2025, the department published its final biosecurity import risk review for the importation of live garden snails into Australian territory. The new charges relating to administration and management of biosecurity activities relating to consignments of live snails will support the recovery of the department’s costs in managing these imports.

The Amendment Regulations also:

• insert a new charge that applies to an operator of a vessel for the carrying out of diagnostic activities in relation to goods on board the vessel after it enters Australian territory;
• increase the value of specific charges that relate to companion animals where the costs associated with those animals requires an increase beyond the rate of indexation that would have otherwise applied to charges under section 9A of the Principal Regulation; and
• amend charges that relate to consignments of live birds and birds’ eggs for hatching. These amendments help to ensure that the department is recovering appropriately for the level of work with managing biosecurity risk associated with live birds and birds’ eggs for hatching by recovering the costs for the number of biocontainment units occupied by the consignment.

Background

The department administers the Biosecurity Act to regulate and manage diseases and pests that may cause harm to human, animal or plant health, or the environment. The department recovers the costs of undertaking these regulatory functions through fees and charges, imposed in accordance with the Australian Government Charging Framework. The Australian Government Charging Framework sets the rules and requirements about how a regulator determines costs and sets charges, and how it will charge for regulatory activities.

Charging is undertaken under the Biosecurity Act, the Act, the Biosecurity Charges Imposition (Excise) Act 2015 and the Biosecurity Charges Imposition (General) Act 2015. These Acts provide the tax legislation framework necessary to support cost recovery charges. Specific charges and fees for biosecurity regulatory functions are prescribed in the Principal Regulation, the Biosecurity Charges Imposition (General) Regulation 2016 (the General Regulation) and the Biosecurity Regulation 2016 (the Biosecurity Regulation).

Under the biosecurity cost recovery framework, the Principal Regulation prescribes charges in relation to matters connected with the administration of the Biosecurity Act which are considered duties of customs within the meaning of section 55 of the Constitution. The General Regulation prescribes charges in relation to matters connected with the administration of the Biosecurity Act which are considered neither duties of customs nor duties of excise within the meaning of section 55 of the Constitution. Where a charge is prescribed under both the Principal Regulation and General Regulation, only one charge will apply, and it will be under the regulation for which it is valid. The Biosecurity Regulation identifies who is liable to pay a cost recovery charge and when the liability to pay arises. No charges are prescribed under the Biosecurity Charges Imposition (Excise) Act 2015.

Impact and Effect

The Amendment Regulations provide for the addition of new charges regarding the importation of live snails, increased charges that are associated with companion animals and amend the manner of charging for the importation of live birds and birds’ eggs for hatching.

The amendments ensure that the charging structure for biosecurity activities remains fit‑for‑purpose and allows the department to seek to recover charges that are commensurate with the complexity of the work involved. While the majority of the charges in the Principal Regulation will increase in line with indexation on 1 July 2026 under section 9A of the Principal Regulation, specific charges are increasing beyond the rate of indexation to account for the level of effort involved with those matters.

The revised charges are set out in the 2026-27 Biosecurity Cost Recovery Implementation Statement (CRIS) as required by the Australian Government Cost Recovery Policy overseeing charging of regulatory government activities. The revised charges are no higher than the department’s likely costs of delivering the biosecurity regulatory functions to which the charges relate. The CRIS sets out the anticipated costs to be recovered in delivering regulatory activities, and the fees and charges to be applied to those activities.

Consultation

Industry consultation in relation to the proposed changes to cost recovery for diagnostic activity was initially undertaken in December 2024 and January 2025. Widespread consultation with industry stakeholders on all proposed changes occurred from April 2026. This involved targeted industry engagement via email communication, detailed explanatory material, import industry advice notices, attendance at industry consultative committees, updates to the department’s website and direct engagement with industry stakeholders. Public consultation was conducted through the department’s online consultation platform from 13 April to 5 May 2026. Industry stakeholders had no concerns with the amendments, and their feedback was considered by the department. Specific consultation with stakeholders in relation to exemptions from charges relating to the protected zone area and protected zone vessels was not required because the amendments maintain existing exemptions from charges.

The Department of Finance has also been consulted on the proposed changes.

Details/ Operation

The Amendment Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

The Amendment Regulations commence on 1 July 2026.

Details of the Amendment Regulations are set out in Attachment A.

Other

The Amendment Regulations are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full Statement of Compatibility with Human Rights is set out in Attachment B.

ATTACHMENT A

Details of the Biosecurity Charges Imposition (Customs) Amendment (2026 Measures No. 1) Regulations 2026

Section 1 – Name

This section provides that the name of the instrument is the Biosecurity Charges Imposition (Customs) Amendment (2026 Measures No. 1) Regulations 2026 (the Amendment Regulations).

Section 2 – Commencement

Subsection 2(1) provides that the Amendment Regulations commence on 1 July 2026.

The note below the table provides that the table relates only to the provisions of the Amendment Regulations as originally made. The table will not be amended to deal with later amendments of the Amendment Regulations. The purpose of this note is to clarify that the commencement of any subsequent amendments will not be reflected in this table.

Subsection 2(2) provides that any information in column 3 of the table is not part of the instrument. Information may be inserted in that column, or information in it may be edited, in any published version of the instrument.

Section 3 – Authority

This section provides that the Amendment Regulations are made under the Biosecurity Charges Imposition (Customs) Act 2015 (the Act).

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to the Amendment Regulations 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. This enables the amendment of the Biosecurity Charges Imposition (Customs) Regulation 2016.

Schedule 1 – Amendments

Part 1 – Amendments

Biosecurity Charges Imposition (Customs) Regulation 2016

Item [1] – Section 6

Section 6 of the Biosecurity Charges Imposition (Customs) Regulation 2016 (the Principal Regulation) provides for definitions of terms used in the Principal Regulation.

This item inserts a new definition for “biocontainment unit”, as follows:

“biocontainment unit means an isolation unit in a post-entry quarantine facility in which a consignment, or part of a consignment, of live birds, or birds’ eggs for hatching, is kept to minimise the risk that the live birds or eggs spread, or become infected with, a disease or pest while in the facility.”

The term “biocontainment unit” is used in table items 7 to 10 in subsection 9(1) of the Principal Regulation in relation to charges associated with live birds and birds’ eggs for hatching (see related items 4 to 7 of Part 1 of this Schedule below).

Item [2] – Subsection 9(1) (table item 5, column 2)

Subsection 9(1) of the Principal Regulation is made for the purposes of subsection 7(1) of the Act and provides charges that apply in relation to a biosecurity matter that is connected with the administration of the Biosecurity Act 2015 (the Biosecurity Act).

The relevant charges are listed in the table in subsection 9(1), where column 1 of the table describes the matter to which the charge relates and column 2 describes the corresponding charges that apply for that type of matter.

Table item 5 in subsection 9(1) of the Principal Regulation prescribes charges for the reservation of a place in a post-entry quarantine facility for an animal not covered by another item of the table, and administration and management of biosecurity activities in relation to the animal.

This item omits the dollar figure of $253 in table item 5, column 2, and substitutes a new dollar figure of $282. The new dollar figure increased beyond what would have otherwise applied if the dollar amount was automatically indexed on 1 July 2026 under section 9A of the Principal Regulation. The reason for the increase beyond indexation is to ensure that the amount recovered for this biosecurity activity remains fit-for-purpose. The substituted amount is set at a level designed to recover no more than the Commonwealth’s likely costs in relation to this biosecurity activity.

Item [3] – Subsection 9(1) (table item 5A, column 2)

Table item 5A in subsection 9(1) of the Principal Regulation prescribes charges for the confirmation of a reservation of a place in a post‑entry quarantine facility for an animal not covered by another item of the table, and administration and management of biosecurity activities in relation to the animal.

This item omits the dollar figure of $1,012 in table item 5A, column 2, and substitutes a new dollar figure of $1,132. The new dollar figure increases beyond what would have otherwise applied if the dollar amount was automatically indexed on 1 July 2026 under section 9A of the Principal Regulation. The reason for the increase beyond indexation is to ensure that the amount recovered for this biosecurity activity remains fit-for-purpose. The substituted amount is set at a level designed to recover no more than the Commonwealth’s likely costs in relation to this biosecurity activity.

Items [4] and [5] – Subsection 9(1) (table items 7 and 8, column 2)

Table items 7 and 8 in subsection 9(1) of the Principal Regulation prescribe a charge for the reservation, and confirmation of a reservation, of a place in a post-entry quarantine facility for a consignment of live birds, and the administration and management of biosecurity activities in relation to the consignment.

These items amend table items 7 and 8, column 2 by omitting the word “consignment” and substituting the words “biocontainment unit covered by the reservation”. The term “biocontainment unit” is defined in section 6 of the Principal Regulation, as inserted by item 1 of Part 1 of this Schedule. The effect of this amendment is that the charge will apply in relation to the number of biocontainment units covered by the reservation for a consignment in the post-entry quarantine facility, rather than by the consignment.

In practice, live birds are generally imported into Australian territory in consignments and the space required to be reserved at a post-entry quarantine facility varies based on the size of the consignment and may result in the housing of those birds in more than one biocontainment unit at a post-entry quarantine facility. Due to the risk profile involved with avians, consignments of live birds (in addition to birds’ eggs for hatching) must be housed in purpose-built biocontainment units in the department’s post-entry quarantine facility.

This amendment ensures that the charges remain fit-for-purpose noting that the effort of the department to manage a consignment of live birds differs significantly depending on the number of biocontainment units that it occupies in the post-entry quarantine facility.

Items [6] and [7] – Subsection 9(1) (table items 9 and 10, column 2)

Table items 9 and 10 in subsection 9(1) of the Principal Regulation prescribe a charge for the reservation, and confirmation of a reservation, of a place in a post-entry quarantine facility for a consignment of birds’ eggs for hatching, and administration and management of biosecurity activities in relation to the consignment.

These items amend table items 9 and 10, column 2 by omitting the word “consignment” and substituting the words “biocontainment unit covered by the reservation”. The term “biocontainment unit” is defined in section 6 of the Principal Regulation, as inserted by item 1 of Part 1 of this Schedule. The effect of this amendment is that the charge will apply in relation to the number of biocontainment units covered by the reservation for a consignment in the post-entry quarantine facility, rather than by the consignment.

In practice, birds’ eggs for hatching are generally imported into Australian territory in consignments and the space required to be reserved at a post-entry quarantine facility varies based on the size of the consignment and may result in the housing of those eggs in more than one biocontainment unit. Due to the risk profile involved with avians (including avian eggs), consignments of birds’ eggs for hatching must be housed in purpose-built biocontainment units in the department’s post-entry quarantine facility.

This amendment ensures that the charges remain fit-for-purpose noting that the effort of the department to manage a consignment of birds’ eggs for hatching differs significantly depending on the number of biocontainment units that it occupies in the post‑entry quarantine facility.

Item [8] – Subsection 9(1) (after table item 10)

This item inserts, after table item 10 in subsection 9(1) of the Principal Regulation, two new table items 10A and 10B which prescribe charges for the reservation, and confirmation of a reservation, of a place in a post‑entry quarantine facility for a consignment of live snails, and the administration and management of biosecurity activities in relation to the consignment.

In October 2025, the department published a final Biosecurity Import Risk Review for the importation of live garden snails (Cornu aspersum) into Australian territory for heliciculture. The insertion of new table items 10A and 10B will enable the department to appropriately recover the costs involved with the reservation and confirmation of a reservation of a place in a post-entry quarantine facility for imported snails, and administration and management of biosecurity activities in relation to the consignment.

The new charges apply on the basis of each consignment of live snails for which a place in a post-entry quarantine facility is being reserved ($892) or a reservation confirmed ($3,571). These amounts are set at a level designed to recover no more than the Commonwealth’s likely costs in relation to these biosecurity activities.

Item [9] – Subsection 9(1) (at the end of the cell at table item 14, column 1)

Table item 14 in subsection 9(1) of the Principal Regulation prescribes a charge in relation to the first mooring of a vessel at a port in Australian territory after the vessel enters Australian territory, for risk profiling, surveillance, monitoring compliance and administration of other biosecurity matters.

This item inserts at the end of table item 14, column 1 the words “(other than the carrying out of diagnostic activities referred to in item 15 of this table)”.

The purpose of this amendment is to clarify that “risk profiling, surveillance, monitoring compliance and administration of other biosecurity matters” in relation to a vessel does not include diagnostic activities that are covered by item 15 of the table in subsection 9(1).

A new table item 15 is inserted into the table in subsection 9(1) by item 10 of Part 1 of this Schedule below.

Item [10] – Subsection 9(1) (at the end of the table)

This item inserts, at the end of the table in subsection 9(1) of the Principal Regulation, new table item 15 which prescribes charges for the carrying out of diagnostic activities in relation to goods on board a vessel, if it is the first occasion on which those activities are carried out:

1.    after the vessel entered Australian territory; and

1.    before the vessel moors at a port outside Australian territory.

The charge differs depending on whether the vessel arriving in Australian territory is a roll‑on/roll-off vessel ($710) or not ($189).

A roll-on/roll-off vessel is a vessel fitted with internal vehicle decks designed for the carriage of wheeled cargo and cargo conveyed on rolling units, with loading and unloading completed with the use of fixed ramps. The reason for the distinction in the value of the charges is that the level of effort involved to assess biosecurity risk in relation to roll-on/roll-off vessels is significantly higher than what is required for all other vessels. For example, large volumes of samples are typically collected from roll-on/roll-off vessels during inspections.

The costs involved with the diagnostic activities in relation to cargo (that is, goods unloaded from a vessel for import to Australian territory) will continue to be recovered through the fee for service contained in subsection 106(1) of the Biosecurity Regulation 2016 (Biosecurity Regulation). In practice, the inspection of cargo (or goods unloaded from a vessel for import to Australian territory) occurs after those goods are unloaded from the vessel.

The intention is for the scope of this charge to recover for the costs involved with diagnostic activities performed in relation to goods on board a vessel (for example, samples taken from pests, such as khapra beetle, found on board the vessel, flour in the vessel’s stores/pantry, or water in a bucket), where those goods are not intended to be unloaded from the vessel in Australian territory. The charge only applies once per vessel, once there is a need to perform diagnostic activities.

The amounts specified in paragraphs (a) and (b) in column 2 of this table item are set at a level designed to recover no more than the Commonwealth’s likely costs in relation to those activities.

Item [11] – Subsection 9(1) (note)

This item omits the words “item 12, 13 or 13AB” and substitutes “an item” in the note below the table in section 9(1) of the Principal Regulation. This note previously advised, in effect, that section 10 of the Principal Regulation provides that a person may be exempt from liability to pay the charge prescribed by item 12, 13 or 13AB of the table in subsection 9(1) of the Principal Regulation.

This is a technical amendment to remove the reference to specific item numbers as there are exemptions specified in section 10 that apply to all items generally and there are also exemptions specified in section 10 that apply to specific item numbers.

Item [12] – Subsection 9A(1A)

Subsection 9A(1) of the Principal Regulation provides for the indexation of charges mentioned in the table in subsection 9(1).

Subsection 9A(1) applies where the indexation factor for an indexation day is greater than 1. Where this occurs, the dollar amounts mentioned in the table in subsection 9(1) of the Principal Regulation are replaced by an amount worked out using the formula in subsection 9A(1).

Current subsection 9A(1A) excludes table items 13, 13AA and 13AB from indexation on 1 July 2025.

This item repeals and substitutes subsection 9A(1A) to update the table items to be excluded from indexation on 1 July 2026 to be items 5, 5A, 10A, 10B and 15. The reason for excluding items 5 and 5A from indexation is because the figures will increase to $282 (item 5) and $1,132 (item 5A) from 1 July 2026, as a result of the amendments in items 2 and 3 of Part 1 of this Schedule. Those revised dollar amounts include an amount equal to indexation that would have otherwise applied.

The reason for excluding items 10A, 10B and 15 from indexation for the financial year beginning 1 July 2026 is because these are new charges commencing on 1 July 2026, as a result of the amendments in items 8 and 10 of Part 1 of this Schedule, so they include amounts equal to indexation that would have otherwise applied.

Excluding these items from indexation ensures that the dollar amounts in those items are set at a level designed to recover no more than the Commonwealth’s likely costs in relation to the relevant biosecurity matters.

Item [13] – After subsection 10(4)

Section 10 of the Principal Regulation provides for exemptions from the prescribed charges set out in the table to subsection 9(1) of the Principal Regulation.

Subsection 10(4) of the Principal Regulation provides for an exemption from paying the charge prescribed by table item 14 of subsection 9(1) in relation to the mooring of a vessel at a port in certain destination parts of Australian territory, set out in paragraphs 10(4)(a) and (b).

This item inserts a new subsection 10(4A) providing for an exemption from the charge that is prescribed in new table item 15 (see item 10 of this Schedule) in relation to the carrying out of diagnostic activities in relation to goods on board a vessel at a port in certain destination parts of Australian territory, by reference to certain provisions in the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 (the Movements Declaration) as it exists at the time of commencement of this instrument.

The effect of new subsection 10(4A)(a) is that diagnostic activities carried out in Australian territory (other than the protected zone area and the Torres Strait permanent biosecurity monitoring zone) after the vessel entered that destination part from the protected zone area, are exempt from the charge.

The effect of new subsection 10(4A)(b) is that diagnostic activities carried out in Australian territory (other than the Torres Strait permanent biosecurity monitoring zone and the protected zone area) after the vessel entered that destination part from the Torres Strait permanent biosecurity monitoring zone, are also exempt from the charge.

The “protected zone area” is defined in sections 9 and 617 of the Act to mean the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty, or an area in the vicinity of the protected zone that is prescribed by the regulations. The “Torres Strait permanent biosecurity monitoring zone” is defined in section 4 of the Principal Regulation to have the same meaning as in the Biosecurity Regulation. Sections 5 and 117 of the Biosecurity Regulation prescribed this zone by reference to specific geographical coordinates.

The purpose of the amendment is to ensure that the exemption from paying the charge in relation to the carrying out of diagnostic activities in relation to goods on board a vessel, apply in the circumstances set out in paragraphs 10(4A)(a) and (b). These exclusions ensure that the charges for those diagnostic activities are set at a level designed to recover no more than the Commonwealth’s likely costs in relation to the relevant biosecurity matters.

Item [14] – Subsection 10(5) (heading)

This amends the subsection 10(5) heading to omit “Mooring of protected” and substitute “Protected”, such that it reads “Protected zone vessels”. By removing the reference to mooring in the subsection heading, this amendment highlights the focus of the subsection as being an exemption in relation to protected zone vessels.

Item [15] – Subsection 10(5)

Subsection 10(5) of the Principal Regulation provides for an exemption from paying the charge prescribed by table item 14 of subsection 9(1) in relation to a protected zone vessel. A protected zone vessel is defined in section 6 of the Principal Regulation to have the same meaning as in the Biosecurity Act, where it is defined in section 617. Section 617 of the Biosecurity Act provides that a “protected zone vessel” is, broadly, one that is owned or operated by a traditional inhabitant (which has the same meaning as in the Torres Strait Treaty), there is at least one traditional inhabitant on board who is entering the protected zone area in connection with the performance of traditional activities, and that there is no one else on board other than certain persons employed by the Commonwealth, Queensland or Papua New Guinea.

This item amends subsection 10(5) to include exemptions from the charges prescribed by table items 14 and 15 of subsection 9(1) in relation to protected zone vessels.

The effect of the amendment is to ensure that the exemption from paying the charge in table item 14, as amended by item 9 of Part 1 of this Schedule, continues to apply, and also that the exemption from paying the charge in new table item 15, as added by item 10 of Part 1 of this Schedule, applies in relation to protected zone vessels.

Part 2—Application provisions

Biosecurity Charges Imposition (Customs) Regulation 2016

Item [16] – In the appropriate position in Part 3

Part 3 of the Principal Regulation provides application, saving and transitional provisions in relation to amendments that have been made to the Principal Regulation.

This item inserts a new section 15 in Part 3 of the Principal Regulation to provide for the application of the amendments in the Amendment Regulations.

Paragraph 15(1)(a) clarifies that the proposed amendments made by items 2 to 7 of this Schedule apply in relation to a reservation or confirmation of a place in a post-entry quarantine facility that is made on or after 1 July 2026.

Paragraph 15(1)(b) provides that the amendments made by items 2 to 7 of this Schedule apply in relation to a reservation or confirmation of a reservation of a place in a post-entry quarantine facility that is made before 1 July 2026, in certain circumstances. Such circumstances are where all of the following apply:

1.             the reservation or confirmation of a reservation was made in relation to an animal or consignment that is to enter the facility on or after 1 July 2026;
2.             the amount (the relevant amount) that applied in relation to the animal or consignment, under existing table items 5, 5A, 7, 8, 9 or 10 in subsection 9(1) of the Principal Regulation, had not been paid before 1 July 2026;
3.             no invoice had been issued by the department in relation to the relevant amount before 1 July 2026; and
4.             no demand for payment of the relevant amount had been made before 1 July 2026.

This amendment ensures that the charges in table items 5, 5A and 7 to 10 of the table in subsection 9(1) of the Principal Regulation only apply in relation to a reservation or a confirmation of a reservation that was made before 1 July 2026, in limited circumstances. To ensure appropriate cost recovery of regulatory functions, an animal or consignment that enters the post-entry quarantine facility on or after 1 July 2026 is subject to the new charges that apply on or after 1 July 2026 (unless a relevant circumstance exists). This amendment also recognises that where the existing charges were paid, or an invoice was issued, or a demand for payment was made, before 1 July 2026, then the new charges do not apply.

For example, if a person made a reservation on 1 June 2026, in relation to an animal that is to enter the post-entry quarantine facility on 20 July 2026, then new subsection 15(1) would have the following effect, in respect of an existing charge in table items 5, 5A and 7 to 10 in subsection 9(1) of the Principal Regulation (the existing charge):

• if the existing charge was paid before 1 July 2026 – the person would not be liable to pay the new charge;
• if an invoice was issued in relation to the existing charge before 1 July 2026 – the person would not be liable to pay the new charge;
• if a demand for payment was made in relation to the existing charge before 1 July 2026 – the person would not be liable to pay the new charge;
• if the existing charge was not paid, an invoice was not issued, and a demand for payment was not made before 1 July 2026 – the person would be liable to pay the new charge on or after 1 July 2026.

This item also inserts new subsection 15(2) clarifying that the charges in items 10A and 10B inserted by item 8 of this Schedule only apply in relation to a reservation or confirmation of a reservation of a place in a post-entry quarantine facility that is made on or after 1 July 2026.

This item inserts a new subsection 15(3) clarifying that the amendment of table item 14 in subsection 9(1), as made by item 9 of this Schedule, only applies in relation to the first mooring of a vessel at a port in Australian territory on or after 1 July 2026.

This item also inserts a new subsection 15(4) clarifying that the insertion of new table item 15 in item 10 of this Schedule, applies in relation to the carrying out of diagnostic activities on or after 1 July 2026 in relation to goods on board a vessel.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Biosecurity Charges Imposition (Customs) Amendment (2026 Measures No. 1) Regulations 2026

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Biosecurity Charges Imposition (Customs) Amendment (2026 Measures No. 1) Regulations 2026 (the Amendment Regulations) amend the Biosecurity Charges Imposition (Customs) Regulation 2016 (the Principal Regulation) to implement new and amended charges from 1 July 2026. The purpose of the Amendment Regulations is to ensure that cost recovery charges for biosecurity measures remain effective and fit-for-purpose.

In October 2025, the Department of Agriculture, Fisheries and Forestry (the department) published its final biosecurity import risk review for the importation of live garden snails into Australian territory. The new charges will support the recovery of the department’s costs in managing these imports.

The Amendment Regulations insert a new charge that applies to an operator of a vessel for the carrying out of diagnostic activities in relation to goods on board the vessel after it enters Australian territory. The Amendment Regulations also increase the value of specific charges that relate to companion animals where the costs associated with those animals requires an increase beyond the rate of indexation that would have otherwise applied to charges under section 9A of the Principal Regulation.

The Amendment Regulations amend charges that relate to consignments of live birds and birds’ eggs for hatching. These amendments help to ensure that the department is recovering appropriately for the level of work with managing biosecurity risk associated with live birds and birds’ eggs for hatching by recovering the costs for the number of biocontainment units occupied by the consignment.

The Amendment Regulations are made under the Biosecurity Charges Imposition (Customs) Act 2015 (the Act). The Act imposes, as taxes, charges relating to the administration of the Biosecurity Act 2015, so far as those charges are a duty of customs within the meaning of section 55 of the Constitution. The Act does not set the amount of the charges and only authorises the imposition of charges prescribed in regulations.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon. Julie Collins MP

Minister for Agriculture, Fisheries and Forestry