Export Charges (Imposition—Customs) Amendment Act 2020

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2020A00014 In force Act

Legislation content

 

 

 

 

 

 

Export Charges (Imposition—Customs) Amendment Act 2020

 

No. 14, 2020

 

 

 

 

 

An Act to amend the Export Charges (Imposition—Customs) Act 2015, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Export Charges (Imposition—Customs) Act 2015

 

 

 

Export Charges (Imposition—Customs) Amendment Act 2020

No. 14, 2020

 

 

 

An Act to amend the Export Charges (Imposition—Customs) Act 2015, and for related purposes

[Assented to 6 March 2020]

The Parliament of Australia enacts:

1  Short title

  This Act is the Export Charges (Imposition—Customs) Amendment Act 2020.

2  Commencement

 (1) Each provision of this Act 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 Act

At the same time as section 3 of the Export Control Act 2020 commences.

3 am (A.C.T.) 28 March 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Export Charges (Imposition—Customs) Act 2015

1  Section 4

Repeal the section, substitute:

4  Extension of this Act to external Territories and other areas

 (1) Subject to subsection (2), this Act does not extend to the external Territories.

 (2) If rules made for the purposes of paragraph 8(2)(a) of the Export Control Act 2020 extend that Act, or any provisions of that Act, to an external Territory, then this Act extends to that external Territory.

 (3) If rules made for the purposes of paragraph 8(2)(b) of the Export Control Act 2020 extend that Act, or any provisions of that Act, to an area adjacent to an external Territory, then this Act extends to that area.

 (4) If rules made for the purposes of paragraph 8(2)(c) of the Export Control Act 2020 extend that Act, or any provisions of that Act, to an area outside the Australian fishing zone in relation to which the Fisheries Management Act 1991 applies, under regulations made for the purposes of section 8 of the Fisheries Management Act 1991, then this Act extends to that area.

2  Section 5

Repeal the section.

3  Part 2 (heading)

Omit “regulated goods”, substitute “certain goods”.

4  Subsection 7(1)

Omit “regulated goods”, substitute “a kind of goods covered by the Export Control Act 2020”.

5  Subsection 7(3)

Omit “regulated goods, and a single charge may be prescribed in relation to 2 or more kinds of regulated goods”, substitute “kind of goods, and a single charge may be prescribed in relation to 2 or more kinds of goods”.

6  Subsection 8(2)

Repeal the subsection, substitute:

 (2) Before the Governor‑General makes regulations for the purposes of subsection 7(1) prescribing a charge in relation to the export of a kind of goods, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the export of the goods.

7  Section 9

Repeal the section.

8  Part 3 (heading)

Repeal the heading, substitute:

Part 3—Charges in relation to certain matters relating to the export of certain goods

9  Subsection 11(1)

Repeal the subsection, substitute:

 (1) The regulations may prescribe a charge in relation to a matter relating to the export of a kind of goods if:

 (a) the export of goods of that kind is covered by the Export Control Act 2020; or

 (b) provision in relation to the matter is made under the Export Control Act 2020.

10  Subsection 11(3)

Omit “regulated matter, and a single charge may be prescribed in relation to 2 or more regulated matters”, substitute “matter, and a single charge may be prescribed in relation to 2 or more matters”.

11  Subsection 12(2)

Repeal the subsection, substitute:

 (2) Before the Governor‑General makes regulations for the purposes of subsection 11(1) prescribing a charge in relation to a matter, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the matter.

12  Section 13

Repeal the section.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 4 December 2019

Senate on 13 February 2020]

 

(255/19)

 

Overview

The Export Charges (Imposition—Customs) Amendment Act 2020, enacted by the Parliament of Australia, amends the Export Charges (Imposition—Customs) Act 2015 to update and refine the imposition of export charges for certain goods. The Act was introduced to address gaps and clarify provisions in the original Act, ensuring that the imposition of export charges aligns with the requirements of the Export Control Act 2020. The policy objective behind this amendment is to ensure that the export charge regime effectively supports the control and regulation of exports, while also ensuring that the charges imposed are proportionate to the costs incurred by the Commonwealth in managing these exports. The Act came into effect on 28 March 2021, at the same time as section 3 of the Export Control Act 2020. The primary amendments include the repeal and substitution of various sections and subsections to reflect changes in terminology and scope, such as replacing "regulated goods" with "certain goods" and adjusting the conditions under which export charges can be imposed. Additionally, the Act specifies that the imposition of charges must be designed to recover no more than the Commonwealth's likely costs in connection with the export of the goods or related matters. This ensures that the charges are neither excessive nor insufficient, thereby maintaining a fair and efficient export control regime.

Scope and Application

The Export Charges (Imposition—Customs) Amendment Act 2020 amends the Export Charges (Imposition—Customs) Act 2015, extending its application to cover exports of certain goods that are subject to the Export Control Act 2020. The Act applies to entities or individuals involved in the export of goods that fall under the purview of the Export Control Act, which typically includes goods that may pose a risk to national security, public order, or foreign relations. The geographic reach of this Act is initially limited to the Commonwealth but extends to external territories and specific areas as determined by rules made under the Export Control Act 2020. This means that if the Export Control Act is extended to external territories or specific areas, the Export Charges (Imposition—Customs) Act 2020 will also apply to those areas. The Act does not apply to exports of goods not covered by the Export Control Act 2020 unless explicitly stated otherwise in subordinate regulations. The Act came into force on 28 March 2021, aligning with the commencement of section 3 of the Export Control Act 2020.

Key Provisions

The Export Charges (Imposition—Customs) Amendment Act 2020 (C2020A00014) amends the Export Charges (Imposition—Customs) Act 2015. It introduces significant changes to the scope and application of the original Act. The key changes are set out in Schedule 1. Firstly, section 4 of the original Act is repealed and replaced to extend the Act’s application to external territories and other areas under certain conditions (section 1). The term "regulated goods" is replaced with "certain goods" (section 2 and 3), and the scope of the Act is further narrowed by specifying that charges can only be imposed on goods covered by the Export Control Act 2020 (section 4 and 5). Section 9 and 13 of the original Act are repealed (section 7 and 8), and Part 3 is amended to focus on charges related to certain matters concerning the export of specific goods (section 9 and 10). The Act imposes specific obligations on the Minister for Home Affairs and the Governor-General. Before the Governor-General can make regulations prescribing a charge in relation to the export of a kind of goods or a matter, the Minister must be satisfied that the charge amount is set at a level designed to recover no more than the Commonwealth's likely costs in connection with the export or matter (sections 6 and 12). Furthermore, the regulations can only prescribe a charge if the export of the goods is covered by the Export Control Act 2020 or if there is provision in relation to the matter under that Act (section 11). Breaches of the Act can lead to both civil and criminal consequences. While the Act does not explicitly state penalties for breaches, given its nature, penalties may be derived from the Export Control Act 2020 or other relevant legislation. Typically, penalties for breaches of export control regulations can include substantial fines and potential imprisonment, reflecting the seriousness of non-compliance with export control laws.

Legal classification tags

Area of Law
Customs & Excise Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Charges & Levies

Interactions

Authorises

All Versions

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.