Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021

Administered by Department of Home Affairs

Legislation au F2021L00775 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Comptroller-General of Customs

 

Customs Act 1901

 

Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021

 

Authority

 

Section 179 of the Customs Act 1901 (the Customs Act) allows the Comptroller-General of Customs (the Comptroller-General) to prescribe rules, by legislative instrument, for and in relation to the Australian Trusted Trader Programme (ATT program).

 

Background

 

The ATT program is a voluntary trade facilitation initiative for business that demonstrate a secure supply chain and compliant trade practices. Accredited businesses are rewarded with access to a range of trade facilitation benefits under the program including in relation to reporting, movement and clearance of goods.

 

The regulatory framework for ATT program consists of three elements:

(a)   The Customs Act – which provides the necessary heads of power to implement key aspects of ATT program;

 

(b)   The Customs (Australian Trusted Trader Programme) Rule 2015 (the Rule) – a legislative instrument which prescribes rules for and in relation to the operation of ATT program including, for example, the qualification criteria, trade facilitation benefits and conditions of participation; and

 

(c)   Trusted trader agreements – which are entered into with qualifying entities and set out further benefits that an entity qualifies for, how certain benefits will apply to that entity and the terms and conditions specific to that entity’s participation in ATT program.

 

Subparagraph 179(1)(d)(ii) of the Customs Act provides that the Comptroller-General may prescribe rules in relation to obligations that an Australian Trusted Trader (ATT) may be required to satisfy under Part IV (other than Division 1) or Part VI (other than Division 1) of the Customs Act in a way other than required by the relevant Part.

 

If an obligation is prescribed for the purposes of subparagraph 179(1)(d)(ii), the

Comptroller-General may specify in an trusted trader agreement the way in which this obligation may be satisfied, in accordance with paragraph 176A(3)(b) of the Customs Act.

 

Purpose of the Instrument

 

The purpose of the Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021 (the Amendment Rule) is to prescribe an obligation for the purposes of subparagraph 179(1)(d)(ii) of the Customs Act.

 

Subsection 71B(1) of the Customs Act provides that when an import declaration has been communicated to the Department of Home Affairs, the owner of the goods becomes liable to pay import declaration processing charge. Import declaration processing charge is imposed by section 4 of the Import Processing Charges Act 2001. Currently, import declaration processing charge is payable on a transaction by transaction basis for all importers. The obligation to pay import declaration processing charge is contained in Part IV of the Customs Act.

 

In 2018, ATTs were granted the benefit of paying customs duty on a deferred basis. Instead of paying customs duty on a transaction by transaction basis, customs duty (other the duty on excise-equivalent goods) must be paid on or before the 21st day after the end of the month in which the goods were entered for home consumption.  In the 2020-21 Budget, the decision was made to also allow ATTs to defer the payment of import declaration processing charge in the same way.

 

The Amendment Rule specifies that the obligation to pay import declaration processing charge may be satisfied in a way other than required under Part IV of the Customs Act. This provision will facilitate the Comptroller-General exercising the power under paragraph 176A(3)(b) of the Customs Act to specify in trusted trader agreement that import declaration processing charges must be paid on or before the 21st day after the end of the month in which the goods were entered for home consumption.

 

This further streamlines accounting for ATT importers and allows one combined payment of customs duty and import declaration processing charge in the month after the goods were entered for home consumption, rather than individual payments in relation to each consignment of goods.

 

Consultation

 

The Department of Home Affairs consulted with eligible ATT and industry body representatives. Updates were provided at various ATT forums and to peak industry representatives and all parties supported the measure.

 

The Office of Best Practice Regulation was consulted (OBPR ID 24570) and advised a Regulatory Impact Statement is not required.

 

A Statement of Compatibility with Human Rights is set out in the Attachment.

 

This instrument commences on 1 July 2021.

 

This is a legislative instrument for the purposes of the Legislation Act 2003.


ATTACHMENT

 

Statement of Compatibility with Human Rights

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

Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021

This legislative instrument is compatible with 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 Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021

 

Background

 

The ATT program is a voluntary trade facilitation initiative for business that demonstrate a secure supply chain and compliant trade practices. Accredited businesses are rewarded with access to a range of trade facilitation benefits under the program including in relation to reporting, movement and clearance of goods.

 

The regulatory framework for ATT program consists of three elements:

(a)   The Customs Act – which provides the necessary heads of power to implement key aspects of ATT program;

 

(b)   The Customs (Australian Trusted Trader Programme) Rule 2015 (the Rule) – a legislative instrument which prescribes rules for and in relation to the operation of ATT program including, for example, the qualification criteria, trade facilitation benefits and conditions of participation; and

 

(c)   Trusted trader agreements – which are entered into with qualifying entities and set out further benefits that an entity qualifies for, how certain benefits will apply to that entity and the terms and conditions specific to that entity’s participation in ATT program.

 

Subparagraph 179(1)(d)(ii) of the Customs Act provides that the Comptroller-General may prescribe rules in relation to obligations that an Australian Trusted Trader (ATT) may be required to satisfy under Part IV (other than Division 1) or Part VI (other than Division 1) of the Customs Act in a way other than required by the relevant Part.

 

If an obligation is prescribed for the purposes of subparagraph 179(1)(d)(ii), the  Comptroller-General may specify in an trusted trader agreement the way in which this obligation may be satisfied, in accordance with paragraph 176A(3)(b) of the Customs Act.

 

 

 

Purpose of the Instrument

 

The purpose of the Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021 (the Amendment Rule) is to prescribe an obligation for the purposes of subparagraph 179(1)(d)(ii) of the Customs Act.

 

Subsection 71B(1) of the Customs Act provides that when an import declaration has been communicated, to the Department of Home Affairs, the owner of the goods becomes liable to pay import declaration processing charge. Import declaration processing charge is imposed by section 4 of the Import Processing Charges Act 2001. Currently, import declaration processing charge is payable on a transaction by transaction basis for all importers. The obligation to pay import declaration processing charge is contained in Part IV of the Customs Act.

 

In 2018, ATTs were granted the benefit of paying customs duty of a deferred basis. Instead of paying customs duty on a transaction by transaction basis, customs duty (other the duty on excise-equivalent goods) must be paid on or before the 21st day after the end of the month in which the goods were entered for home consumption.  In the 2020-21 Budget, the decision was made to also allow ATTs to defer the payment of import declaration processing charge in the same way.

 

The Amendment Rule specifies that the obligation to pay import declaration processing charge may be satisfied in a way other than required under Part IV of the Customs Act.

 

This provision will facilitate the Comptroller-General exercising the power under paragraph 176A(3)(b) of the Customs Act to specify in trusted trader agreement that import declaration processing charges must be paid on or before the 21st day after the end of the month in which the goods were entered for home consumption.

 

This further streamlines accounting for ATT importers and allows one combined payment of customs duty and import declaration processing charge in the month after the goods were entered for home consumption, rather than individual payments in relation to each consignment of goods.

Human rights implications

The Amendment Rule does not engage any of the applicable rights or freedoms.

Conclusion

The Amendment Rule is compatible with human rights, as it does not raise any human rights issues.

 

 

Comptroller-General of Customs

 

Overview

The Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021 was enacted to amend the Customs (Australian Trusted Trader Programme) Rule 2015 by introducing a new obligation for Australian Trusted Traders (ATT) to defer the payment of import declaration processing charges. This legislative instrument was introduced by the Comptroller-General of Customs under the authority granted by Section 179 of the Customs Act 1901, which allows for the prescription of rules related to the Australian Trusted Trader Programme. The policy objective is to streamline the accounting processes for ATT importers by allowing them to make a single combined payment for customs duty and import declaration processing charges each month, instead of individual payments for each consignment. This change was supported by consultations with eligible ATTs and industry representatives and is intended to simplify financial management for trusted traders while maintaining compliance with existing customs regulations. The Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021 was issued by the Comptroller-General of Customs and is compatible with human rights as it does not engage any of the applicable rights or freedoms. The rule was introduced to address the need for a more efficient payment system for ATT importers, allowing them to defer the payment of import declaration processing charges in the same way as customs duty, thus facilitating a combined monthly payment. This amendment aims to provide further trade facilitation benefits to accredited businesses participating in the ATT program, aligning their payment obligations with those of customs duty.

Scope and Application

The Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021 applies to Australian Trusted Traders (ATT) who are participants in the Australian Trusted Trader Programme, a voluntary trade facilitation initiative for businesses that demonstrate a secure supply chain and compliant trade practices. The Act facilitates a streamlined approach to the payment of import declaration processing charges for ATTs by allowing them to defer payment until the 21st day after the end of the month in which the goods were entered for home consumption. This change was implemented to allow a combined payment of customs duty and import declaration processing charge, rather than requiring separate payments for each consignment of goods. The Amendment Rule prescribes an obligation for the purposes of subparagraph 179(1)(d)(ii) of the Customs Act, which provides that the Comptroller-General may prescribe rules in relation to obligations that an ATT may be required to satisfy under Part IV (other than Division 1) or Part VI (other than Division 1) of the Customs Act in a way other than required by the relevant Part. The instrument extends the application of the Customs Act to the ATT programme by allowing the Comptroller-General to specify in a trusted trader agreement the way in which this obligation may be satisfied. The Amendment Rule applies nationally across Australia and is a legislative instrument for the purposes of the Legislation Act 2003. The instrument is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Customs (Australian Trusted Trader Programme) Amendment (Obligation to Pay Import Declaration Processing Charge) Rule 2021 (Amendment Rule) introduces a significant change to how Australian Trusted Traders (ATTs) are required to pay the import declaration processing charge. Under section 71B(1) of the Customs Act, the owner of goods becomes liable to pay this charge when an import declaration is communicated to the Department of Home Affairs. This charge is imposed under section 4 of the Import Processing Charges Act 2001. Typically, this charge has been payable on a transaction-by-transaction basis for all importers. However, the Amendment Rule allows ATTs to defer the payment of this charge in the same way as customs duty, which was already deferred for ATTs since 2018. The Amendment Rule (section 3) specifies that the obligation to pay the import declaration processing charge can be satisfied differently from the standard requirements under Part IV of the Customs Act. This change enables the Comptroller-General of Customs to specify in trusted trader agreements that ATTs must pay this charge by the 21st day after the end of the month in which the goods were entered for home consumption. This aligns with the existing deferred payment schedule for customs duty and simplifies accounting for ATT importers, allowing for a combined monthly payment for both customs duty and import declaration processing charge instead of individual payments for each consignment. ATTs and entities participating in the Australian Trusted Trader Programme are subject to specific obligations under this Amendment Rule. These obligations include satisfying the requirement to pay the import declaration processing charge by the specified deferred date. Furthermore, as the Amendment Rule is integrated into the existing framework of the Customs Act and the Customs (Australian Trusted Trader Programme) Rule 2015, ATTs must adhere to the broader conditions and terms set out in their trusted trader agreements. These agreements, which are negotiated between the ATT and the Comptroller-General, detail the specific benefits, obligations, and conditions of participation in the ATT programme. Failure to comply with the obligations set out in the Amendment Rule can result in legal consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, the general framework under the Customs Act provides for both civil and criminal penalties for breaches of customs-related obligations. Civil penalties may include fines, and in more severe cases, criminal penalties such as imprisonment could apply. The exact penalties depend on the nature and severity of the breach, but they underscore the importance of adhering to the stipulated payment obligations for import declaration processing charges.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.