Export Charges (Imposition—Customs) Regulation 2015

Select Legislative Instrument No. 199, 2015

made under the

Export Charges (Imposition—Customs) Act 2015

Compilation No. 3

Compilation date: 30 August 2019

Includes amendments up to: F2019L01049

Registered: 17 September 2019

About this compilation

This compilation

This is a compilation of the Export Charges (Imposition—Customs) Regulation 2015 that shows the text of the law as amended and in force on 30 August 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

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 Legislation Register (www.legislation.gov.au). 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 series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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 series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

4 Simplified outline of this instrument

5 Definitions

Part 2—Charges in relation to the export of regulated goods

6 Regulated goods

7 Charges—export of live animals

8 Charges—export of plants and plant products

9 Person liable to pay charges—export of live animals and plants and plant products

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

10 Regulated matters and regulated goods

11 Charges—registered establishments

12 Person liable to pay charges—registered establishments

13 Charges—slaughtering or dressing certain animals

14 Person liable to pay charges—slaughtering or dressing certain animals

15 Charges—applications

16 Person liable to pay charges—applications

17 Charges—approved arrangements and QM certificates

18 Person liable to pay charges—approved arrangements and QM certificates

19 Charges—live‑stock and meat export licences

20 Person liable to pay charges—live‑stock and meat export licences

21 Charges—export documents

22 Person liable to pay charges—export documents

23 Charges—certain authorised officers

24 Person liable to pay charges—certain authorised officers

25 Exemptions from charges

Part 4—Application and transitional provisions

26 Export of live animals

27 Export of plants and plant products

28 Registered establishments

29 Slaughtering or dressing certain animals

30 Applications

31 Approved arrangements and QM certificates

32 Live‑stock and meat export licences

33 Export documents

34 Authorised officers

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1 Name

This is the Export Charges (Imposition—Customs) Regulation 2015.

3 Authority

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

4 Simplified outline of this instrument

This instrument prescribes the following:

(a) charges in relation to the export of regulated goods;

(b) charges in relation to regulated matters relating to the export of regulated goods;

(d) exemptions from the prescribed charges.

The prescribed charges are imposed as taxes (see the Export Charges (Imposition—Customs) Act 2015).

This instrument prescribes a charge only so far as that charge is a duty of customs within the meaning of section 55 of the Constitution. To the extent that the charge is neither a duty of customs nor a duty of excise, it is prescribed by the Export Charges (Imposition—General) Act 2015.

5 Definitions

In this instrument:

Act means the Export Charges (Imposition—Customs) Act 2015.

animal reproductive material has the same meaning as in the Animals Order.

Animals Order means the Export Control (Animals) Order 2004.

Australian Standard for Meat means the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption (AS 4696–2007), published on 31 July 2007.

boning means a procedure (other than mechanical separation or rendering to produce meat fractions) for:

(a) removing the meat from the bones of a carcase or carcase part; or

(b) the production of bone‑in or boneless meat cuts.

camelid means a camel, llama, alpaca or vicuña.

casing has the same meaning as in the Export Control (Meat and Meat Products) Orders 2005.

co‑operative means a body registered as a co‑operative under a law of a State or Territory.

corporation has the same meaning as in the Corporations Act 2001.

disability assistance dog means a dog:

(a) that has been professionally trained to assist a person with a disability; and

(b) that is accompanying a person with such a disability who has a certificate from a medical specialist practitioner in a speciality relevant to the disability, stating that the person requires the assistance of such a dog.

dressing has the same meaning as in the Australian Standard for Meat.

egg means an egg to which the Export Control (Eggs and Egg Products) Orders 2005 apply.

egg product means an egg product to which the Export Control (Eggs and Egg Products) Orders 2005 apply.

ESCAS has the same meaning as in the Animals Order.

Export Control Act means the Export Control Act 1982.

Export Control Order means a legislative instrument (regardless of whether it is called an Order or Orders) made under the Export Control Act 1982 or regulations made under that Act.

export document means:

(a) an export permit, a tariff rate quota certificate or a government certificate that is issued under an Act, or an instrument made under an Act, in relation to the export of goods; or

(b) any other document that is issued or certified under an Act, or an instrument made under an Act, in relation to the export of goods.

fish means fish to which the Export Control (Fish and Fish Products) Orders 2005 apply.

fish product means a fish product to which the Export Control (Fish and Fish Products) Orders 2005 apply.

fresh fruit has the same meaning as in the Export Control (Plants and Plant Products) Order 2011.

fresh vegetables has the same meaning as in the Export Control (Plants and Plant Products) Order 2011.

government certificate means a certificate about goods the issue of which is authorised by an Export Control Order, being a certificate as to:

(a) matters about which a country requires certification before the goods may be imported into that country from Australia; or

(b) requirements of the Export Control Act that must be satisfied before the goods may be exported from Australia; or

grain means grain that is prescribed grain within the meaning of the Export Control (Plants and Plants Products) Order 2011.

horticultural products means any of the following:

(a) fresh fruit;

(b) fresh vegetables;

(d) cut flowers;

(e) plant tissue culture.

live animal has the same meaning as in Part 3 of the Animals Order.

live‑stock has the same meaning as in the Animals Order.

live‑stock export licence has the same meaning as in Part 2 of the Australian Meat and Live‑stock Industry Act 1997.

meat means any of the following:

(a) meat to which the Export Control (Meat and Meat Products) Orders 2005 apply;

(b) poultry meat to which the Export Control (Poultry Meat and Poultry Meat Products) Orders 2010 apply;

(d) ratite meat to which the Export Control (Rabbit and Ratite Meat) Orders 1985 apply;

(e) wild game meat to which the Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 apply.

meat export licence has the same meaning as in Part 2 of the Australian Meat and Live‑stock Industry Act 1997.

meat product means any of the following:

(a) a meat product to which the Export Control (Meat and Meat Products) Orders 2005 apply;

(b) a poultry meat product to which the Export Control (Poultry Meat and Poultry Meat Products) Orders 2010 apply;

(d) a ratite meat product to which the Export Control (Rabbit and Ratite Meat) Orders 1985 apply;

(e) a wild game meat product to which the Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 apply.

milk means milk to which the Export Control (Milk and Milk Products) Orders 2005 apply.

milk product means a milk product to which the Export Control (Milk and Milk Products) Orders 2005 apply.

occupier, of a registered establishment, has the same meaning as in the Export Control (Prescribed Goods—General) Order 2005.

organic produce has the same meaning as in the Export Control (Organic Produce Certification) Orders.

phytosanitary certificate has the same meaning as in the Export Control (Plants and Plant Products) Order 2011.

plant products means plant products that are prescribed goods under the Export Control (Plants and Plant Products) Order 2011 or the Export Control (Plants and Plant Products—Norfolk Island) Order 2016.

plants means plants that are prescribed goods under the Export Control (Plants and Plant Products) Order 2011 or the Export Control (Plants and Plant Products—Norfolk Island) Order 2016.

poultry has the same meaning as in the Export Control (Poultry Meat and Poultry Meat Products) Orders 2010.

QM certificate has the same meaning as in the Export Control (Organic Produce Certification) Orders.

registered establishment has the same meaning as in the Export Control Act.

regulated goods:

(a) for the purposes of subsection 7(1) of the Act: see section 6; or

(b) for the purposes of subsection 11(1) of the Act: see subsection 10(2).

regulated matter: see subsection 10(1).

small horticultural products registered establishment: a registered establishment is a small horticultural products registered establishment for a financial year if a determination is in force for the registered establishment and the financial year under subsection 13A(6) of the Export Control (Plants and Plant Products) Order 2011.

tariff rate quota certificate means a certificate that is issued under an order made under section 23A of the Export Control Act 1982.

Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force at the commencement of this definition.

Note: The Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Part 2—Charges in relation to the export of regulated goods

6 Regulated goods

The following goods are regulated goods for the purposes of subsection 7(1) of the Act:

(a) cattle, sheep, goats, buffalo and camelids (including the young of those animals);

(b) plants;

7 Charges—export of live animals

For subsection 7(1) of the Act, the charge in relation to the export of regulated goods referred to column 1 of an item in the following table is the amount set out in, or calculated in accordance with, column 2 of the item.

Charges—live animals
Item	Column 1 Regulated goods	Column 2 Amount
1	Cattle, buffalo or camelids (including the young of those animals)	$1.21 for each animal exported
2	Sheep or goats (including the young of those animals)	$0.31 for each animal exported

8 Charges—export of plants and plant products

(1) For subsection 7(1) of the Act, the charge in relation to the export of regulated goods referred to in column 1 of an item in the following table is the amount set out in, or calculated in accordance with, column 2, 3 or 4 of the item.

Charges—plants or plant products
Item	Column 1 Regulated goods	Column 2 Amount for the 2015‑16 financial year	Column 3 Amount for the 2016‑17 financial year	Column 4 Amount for the 2017‑18 financial year and future financial years
1	Horticultural products for export to a market to which subsection (2) applies	For each consignment exported in the financial year—$1.90 for each tonne or part of a tonne	For each consignment exported in the financial year—$1.70 for each tonne or part of a tonne	For each consignment exported in the financial year—$1.30 for each tonne or part of a tonne
2	Horticultural products for export to a market to which subsection (3) applies	For each consignment exported in the financial year—$0.95 for each tonne or part of a tonne	For each consignment exported in the financial year—$0.85 for each tonne or part of a tonne	For each consignment exported in the financial year—$0.65 for each tonne or part of a tonne
3	Plants or plant products not covered by table item 1 or 2	For each consignment exported in the financial year—$0.15 for each tonne or part of a tonne	For each consignment exported in the financial year—$0.14 for each tonne or part of a tonne	For each consignment exported in the financial year—$0.11 for each tonne or part of a tonne

(2) For item 1 in the table in subsection (1), this subsection applies to a market for a particular horticultural product if:

(a) a phytosanitary certificate for the product is required for the product to be imported into the market from Australia; and

(b) significant other conditions are imposed on the importation of the product into the market from Australia.

(3) For item 2 in the table in subsection (1), this subsection applies to a market for a particular horticultural product if no significant conditions are imposed on the importation of the product into the market from Australia.

(4) For subsection (3), a requirement for a phytosanitary certificate for a horticultural product is not a significant condition.

9 Person liable to pay charges—export of live animals and plants and plant products

For section 9 of the Act:

(a) the exporter of regulated goods referred to in an item in the table in section 7, or the table in subsection 8(1), is liable to pay the charge in relation to the goods; or

(b) if regulated goods referred to in an item in the table in section 7, or the table in subsection 8(1), are exported by 2 or more persons—the exporters of the goods are liable to pay the charge in relation to the goods.

Note: An agent of a person who is liable to pay a charge under this section is jointly and severally liable with that person to pay the charge (see section 6 of the Export Charges (Collection) Regulation 2015).

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

10 Regulated matters and regulated goods

Regulated matters

(1) Each matter referred to in column 1 of an item in a table in a section of this Part is a regulated matter for the purposes of subsection 11(1) of the Act.

Regulated goods

(2) The following goods are regulated goods for the purposes of subsection 11(1) of the Act:

(a) animal reproductive material;

(b) eggs;

(d) fish;

(e) fish products;

(f) live animals;

(g) live‑stock;

(h) meat;

(i) meat products;

(j) milk;

(k) milk products;

(l) organic produce;

(m) plants;

(n) plant products;

(o) goods in relation to which a government certificate has been issued under section 8.05 of the Export Control (Prescribed Goods—General) Order 2005;

(p) goods in relation to which a tariff rate quota certificate has been issued.

11 Charges—registered establishments

(1) For subsection 11(1) of the Act and subject to subsection (5), the charge in relation to the regulated matter referred to in column 1 of an item in the following table, relating to the export of the regulated goods referred to in that item, is the amount set out in, or calculated in accordance with, column 2 of the item.

Charges—registered establishments
Item	Column 1 Regulated matter	Column 2 Amount
1	Registered establishment used for holding and assembling live‑stock for export	For each year, or part of a year, during which the registration is in force—$5 000
2	Registered establishment (other than an establishment covered by item 4) used: (a) for operations associated with the preparation of horticultural products for export to a market to which subsection (2) applies; or (b) to load large, unpacked quantities of grain directly into a vessel for export	For each financial year, or part of a financial year, during which the registration is in force: (a) if the registration was in force on or before 1 January in the financial year—$6 000; or (b) if the establishment is first registered after 1 January in the financial year—$3 000
3	Registered establishment (other than an establishment covered by item 4) for operations associated with: (a) the preparation of horticultural products for export to a market to which subsection (3) applies; or (b) the preparation of any other plants or plant products for export	For each financial year, or part of a financial year, during which the registration is in force: (a) if the registration was in force on or before 1 January in the financial year—$3 000; or (b) if the establishment is first registered after 1 January in the financial year—$1 500
4	Registered establishment that is a small horticultural products registered establishment for a financial year	For each financial year, or part of a financial year, during which the registration is in force—$600
5	Registered establishment used: (a) for the slaughter or dressing of an animal (other than poultry) for export; or (b) solely for the production, preparation, storage or handling of casings for export; or (c) for the storage, handling or transportation of meat or meat products for export	For each calendar month, or part of a calendar month, during which the registration is in force—$840
6	Registered establishment for any of the following operations associated with the preparation of meat or meat products for export: (a) the slaughter or dressing of poultry; (b) further processing; (c) boning	For each calendar month, or part of a calendar month, during which the registration is in force—$1 250
7	Registered establishment for operations associated with the preparation of meat or meat products for export, being an establishment that: (a) operates under the control of a food safety authority of a State or Territory; and (b) exports meat or meat products to countries that do not impose requirements on the export of meat or meat products that are not imposed by the Australian Standard for Meat	For each calendar month, or part of a calendar month, during which the registration is in force—$840
8	Registered establishment that is used for the storage of milk or milk products for export	For each financial year, or part of a financial year, during which the registration is in force: (a) if the registration was in force on or before 1 January in the financial year—$1 820; or (b) if the establishment is first registered after 1 January in the financial year—$910
9	Registered establishment (other than an establishment covered by item 8) that is engaged in processing or packing milk or milk products for export, and that: (a) exported less than 2 000 tonnes of milk or milk products in the financial year ending immediately before the financial year to which the charge relates; and (b) either: (i) is owned by a corporation; or (ii) is owned by, or is part of, a co‑operative	For each financial year, or part of a financial year, during which the registration is in force: (a) if the registration was in force on or before 1 January in the financial year—$4 275; or (b) if the establishment is first registered after 1 January in the financial year—$2 137.50
10	Registered establishment (other than an establishment covered by item 8) that is engaged in processing or packing milk or milk products for export, and that: (a) exported 2 000 tonnes or more of milk or milk products in the financial year ending immediately before the financial year to which the charge relates; and (b) either: (i) is owned by a corporation; or (ii) is owned by, or is part of, a co‑operative	For each financial year, or part of a financial year, during which the registration is in force: (a) if the registration was in force on or before 1 January in the financial year—$7 729; or (b) if the establishment is first registered after 1 January in the financial year—$3 864.50
11	Registered establishment that is: (a) a vessel that is registered to prepare fish or fish products for processing at another establishment before export; or (b) a land‑based establishment that is registered solely for the preparation of live fish for export	For each financial year, or part of a financial year, during which the registration is in force: (a) if the registration was in force on or before 1 January in the financial year—$1 223; or (b) if the establishment is first registered after 1 January in the financial year—$611.50
12	Registered establishment that is: (a) a vessel that is registered to prepare fish or fish products for export without the need for processing; or (b) a land‑based establishment (other than an establishment covered by item 11 or 13) that is registered to prepare fish or fish products for export	For each financial year, or part of a financial year, during which the registration is in force: (a) if the registration was in force on or before 1 January in the financial year—$2 446; or (b) if the establishment is first registered after 1 January in the financial year—$1 223
13	Registered establishment that is registered for the storage of fish or fish products for export	For each financial year, or part of a financial year, during which the registration is in force: (a) if the registration was in force on or before 1 January in the financial year—$1 835; or (b) if the establishment is first registered after 1 January in the financial year—$917.50
14	Registered establishment for operations associated with the preparation of eggs or egg products for export	For each financial year, or part of a financial year, during which the registration is in force: (a) if the registration was in force on or before 1 January in the financial year—$1 835; or (b) if the establishment is first registered after 1 January in the financial year—$917.50

(2) For item 2 in the table in subsection (1), this subsection applies to a market for a particular horticultural product if:

(a) a phytosanitary certificate for the product is required for the product to be imported into the market from Australia; and

(b) significant other conditions are imposed on the importation of the product into the market from Australia.

(3) For item 3 in the table in subsection (1), this subsection applies to a market for a particular horticultural product if no significant conditions are imposed on the importation of the product into the market from Australia.

(4) For subsection (3), a requirement for a phytosanitary certificate for a horticultural product is not a significant condition.

(5) If a charge would be payable in relation to a registered establishment under:

(a) items 2 and 3 in the table in subsection (1); or

(b) 2 or more of items 5, 6 and 7 in that table; or

then the amount of the charge in relation to the registered establishment under subsection (1) is the higher, or the highest, of the amounts that would be payable in relation to the registered establishment under the applicable items.

12 Person liable to pay charges—registered establishments

For section 13 of the Act:

(a) the occupier of a registered establishment, in relation to which a charge is payable under an item in the table in subsection 11(1), is liable to pay the charge in relation to the regulated matter prescribed by that item; or

(b) if there are 2 or more occupiers of a registered establishment in relation to which a charge is payable under an item in the table in subsection 11(1)—the occupiers are liable to pay the charge in relation to the regulated matter prescribed by that item.

13 Charges—slaughtering or dressing certain animals

(1) For subsection 11(1) of the Act, the charge in relation to the regulated matter referred to in column 1 of an item in the following table, relating to the export of the meat of an animal referred to in that item, is the amount set out in, or calculated in accordance with, column 2 in the table.

Charges—meat
Item	Column 1 Regulated matter	Column 2 Amount
1	Slaughtering or dressing calves at a registered establishment in a calendar month	$0.07 for each calf slaughtered or dressed at the establishment in the previous calendar month
2	Slaughtering or dressing deer or game deer at a registered establishment in a calendar month	$0.14 for each deer or game deer slaughtered or dressed at the establishment in the previous calendar month
3	Slaughtering or dressing emus or ostriches at a registered establishment in a calendar month	$0.10 for each emu or ostrich slaughtered or dressed at the establishment in the previous calendar month
4	Slaughtering or dressing kangaroos or wild boars at a registered establishment in a calendar month	$0.05 for each kangaroo or wild boar slaughtered or dressed at the establishment in the previous calendar month
5	Slaughtering or dressing pigs at a registered establishment in a calendar month	$0.24 for each pig slaughtered or dressed at the establishment in the previous calendar month
6	Slaughtering or dressing rabbits, possums or hares at a registered establishment in a calendar month	$0.02 for each rabbit, possum or hare slaughtered or dressed at the establishment in the previous calendar month
7	Slaughtering or dressing sheep, goats or lambs at a registered establishment in a calendar month	$0.18 for each sheep, goat or lamb slaughtered or dressed at the establishment in the previous calendar month
8	Slaughtering or dressing bulls, cows, steers, heifers, buffalos, camels, donkeys, horses or any other animals not mentioned in another item in this table at a registered establishment in a calendar month	$0.70 for each of those animals slaughtered or dressed at the establishment in the previous calendar month

(2) If an animal is slaughtered and dressed at a registered establishment (whether or not in the same calendar month), the animal is to be counted only once for the purposes of calculating an amount in accordance with column 2 of an item in the table in subsection (1).

(3) The charge in relation to a regulated matter referred to in column 1 of an item in the table in subsection (1) does not apply in relation to a registered establishment and a calendar month if the establishment was not a registered establishment in the previous calendar month.

(4) A reference to an animal (other than sheep, bulls, cows, steers, heifers or buffalos) in an item in the table in subsection (1) includes the young of that animal.

14 Person liable to pay charges—slaughtering or dressing certain animals

For section 13 of the Act:

(a) the occupier of the registered establishment referred to in an item in the table in subsection 11(1), is liable to pay the charge in relation to the regulated matter prescribed by that item; or

(b) if there are 2 or more occupiers of a registered establishment referred to in an item in the table in subsection 11(1)—the occupiers are liable to pay the charge in relation to the regulated matter prescribed by that item.

15 Charges—applications

For subsection 11(1) of the Act, the charge in relation to the regulated matter referred to in column 1 of an item in the following table, relating to the export of the regulated goods referred to in that item, is the amount set out in, or calculated in accordance with, column 2 of the item.

Charges—applications
Item	Column 1 Regulated matter	Column 2 Amount
1	Application, under section 2.04 of the Animals Order (other than a reapplication under section 2.12 of that Order), to register premises to be used for holding and assembling live‑stock for export	$600
2	Application, under section 2.13 of the Animals Order, for approval of a change referred to in that section in relation to premises to be used for holding and assembling live‑stock for export	$300
3	Application, under an Export Control Order, to register an establishment (other than an application to renew the registration of an establishment) for operations associated with the preparation for export of any of the following: (a) meat or meat products; (b) plants or plant products; (c) milk or milk products; (d) fish or fish products; (e) eggs or egg products	$600
4	Application, under order 3.02 or 3.06 of the Export Control (Organic Produce Certification) Orders, for the issue of a QM certificate in relation to organic produce	$600
5	Application, under Part 4A of the Animals Order, by a veterinarian for accreditation	$600
6	Application, under section 4A.08 of the Animals Order, by an accredited veterinarian for variation of the veterinarian’s accreditation	$300
7	Application, under subsection 11(1) of the Australian Meat and Live‑stock Industry Act 1997, for a live‑stock export licence	$600
8	Application, under regulation 19 of the Australian Meat and Live‑stock Industry (Export Licensing) Regulations 1998, for approval of a variation of a live‑stock export licence	$300
9	Application, under Subdivision A of Division 1A.2 of the Animals Order, for approval of an arrangement in relation to the export of live‑stock	$600
10	Application, under Subdivision B of Division 1A.2 of the Animals Order, for approval of a variation of an arrangement in relation to the export of live‑stock	$300
11	Application, under Division 1A.3 or 2.4 or Part 3 of the Animals Order, for approval of an ESCAS	$600
12	Application, under Division 1A.3 or 2.4 or Part 3 of the Animals Order, for approval of a variation of an ESCAS	$300
13	Application, under section 13A of the Export Control (Plants and Plant Products) Order 2011, for a determination that a registered establishment is a small horticultural products registered establishment for a financial year (other than an application under that section in relation to that registered establishment for a second or later financial year)	$600
14	Application by an exporter, under section 3.02 of the Export Control (Prescribed Goods—General) Order 2005 on the basis of the circumstance referred to in paragraph 3.01(b), (c) or (d) of that Order, for an exemption from the requirement in the Animals Order that live‑stock for export by the exporter be prepared in accordance with an approved arrangement for the exporter	$600

16 Person liable to pay charges—applications

For section 13 of the Act, the person who is liable to pay the charge prescribed by an item in the table in section 15 is the person who made the application to which the charge relates.

17 Charges—approved arrangements and QM certificates

Charges—approved arrangements and QM certificates
Item	Column 1 Regulated matter	Column 2 Amount
1	Development and management of arrangements for the preparation of live‑stock for export by sea by the holder of a live‑stock export licence in accordance with an approved arrangement under Division 1A.2 of the Animals Order	For each financial year, or part of a financial year, during which the approved arrangement is in force: (a) if the approved arrangement was in force on or before 1 January in the financial year—$20 000; or (b) if the arrangement is first approved after 1 January in the financial year—$10 000
2	Development and management of arrangements for the preparation of live‑stock for export by air by the holder of a live‑stock export licence in accordance with an approved arrangement under Division 1A.2 of the Animals Order	For each financial year, or part of a financial year, during which the approved arrangement is in force: (a) if the approved arrangement was in force on or before 1 January in the financial year—$10 000; or (b) if the arrangement is first approved after 1 January in the financial year—$5 000
3	QM certificate in relation to organic produce issued to an organisation under Division 1 of Part 3 of the Export Control (Organic Produce Certification) Orders	For each financial year, or part of a financial year, during which the QM certificate is in force: (a) if the QM certificate was in force on or before 1 January in the financial year—$7 500; or (b) if the QM certificate is first issued after 1 January in the financial year—$3 750

18 Person liable to pay charges—approved arrangements and QM certificates

For section 13 of the Act:

(a) the person who is liable to pay the charge prescribed by item 1 or 2 in the table in section 17 is the person who holds the live‑stock export licence referred to in that item; and

(b) the person who is liable to pay the charge prescribed by item 3 in the table in section 17 is the organisation to which the QM certificate was issued.

19 Charges—live‑stock and meat export licences

Charges—live‑stock and meat export licences
Item	Column 1 Regulated matter	Column 2 Amount
1	Live‑stock export licence (other than a live‑stock export licence held by an exporter for whom there is an approved arrangement in force under Division 1A.2 of the Animals Order)	For each financial year, or part of a financial year, during which the licence is in force: (a) if the licence was in force on or before 1 January in the financial year—$25 000; or (b) if the licence is first granted after 1 January in the financial year—$12 500
2	Live‑stock export licence held by an exporter that has been granted an exemption, under section 3.01 of the Export Control (Prescribed Goods—General) Order 2005 on the basis of the circumstance referred to in paragraph 3.01(b), (c) or (d) of that Order, from the requirement in the Animals Order that live‑stock for export by the exporter be prepared in accordance with an approved arrangement for the exporter	For each financial year, or part of a financial year, during which the licence is in force—$5 000
3	Meat export licence (other than a meat export licence held by the occupier of a registered establishment referred to in column 1 of item 5, 6 or 7 in the table in subsection 11(1))	For each financial year, or part of a financial year, during which the licence is in force—$500

20 Person liable to pay charges—live‑stock and meat export licences

For section 13 of the Act, the person who is liable to pay the charge prescribed by an item in the table in section 19 is the person who holds the licence to which the charge relates.

21 Charges—export documents

Charges—export documents
Item	Column 1 Regulated matter	Column 2 Amount
1	Issue of export permit to a person (other than the holder of a live‑stock export licence) for the export of: (a) live animals; or (b) animal reproductive material	$130
2	Electronic issue of export document for the export of a consignment of plants or plant products	For each export document issued for the consignment—$38
3	Electronic issue of export document for the export of a consignment of meat or meat products	For each export document issued for the consignment—$46
4	Electronic issue of export document for the export of a consignment of milk or milk products	For each export document issued for the consignment—$15
5	Electronic issue of export document for the export of a consignment of fish or fish products	For each export document issued for the consignment—$27
6	Electronic issue of export document for the export of a consignment of eggs or egg products	For each export document issued for the consignment—$27
7	Electronic issue of export document (other than a tariff rate quota certificate) for the export of goods in relation to which a government certificate has been issued under section 8.05 of the Export Control (Prescribed Goods—General) Order 2005	For each export document issued for the goods: (a) if the Department carries out regular audits in relation to the goods for the purpose of assisting the Secretary to decide whether to issue a government certificate under section 8.05 of the Export Control (Prescribed Goods—General) Order 2005 for the goods—$97; or (b) in any other case—$40
8	Electronic issue of a tariff rate quota certificate for the export of goods (other than meat or meat products or milk or milk products)	For each tariff rate quota certificate issued for the goods—$40

Note: The electronic issue of tariff rate quota certificates for the export of meat or meat products or milk or milk products is covered by item 3 or 4 (see the definition of export document in section 5).

22 Person liable to pay charges—export documents

For section 13 of the Act, the person who is liable to pay the charge prescribed by an item in the table in section 21 is the person to whom the export document to which the charge relates is issued.

23 Charges—certain authorised officers

Charges—authorised officers
Item	Column 1 Regulated matter	Column 2 Amount
1	Person (other than an APS employee) appointed to be an authorised officer under section 20 of the Export Control Act for the purpose of exercising powers, or performing functions, in relation to the export of plants or plant products	For each financial year, or part of a financial year, during which the appointment is in force—$750

24 Person liable to pay charges—certain authorised officers

For section 13 of the Act, the person who is liable to pay the charge prescribed by an item in the table in section 23 is the person who has been appointed to be an authorised officer as referred to in that item.

25 Exemptions from charges

(1) For section 14 of the Act, a charge prescribed in relation to a regulated matter relating to the export of regulated goods by a provision in this Part is not payable if the matter relates to:

(a) the export of a disability assistance dog; 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

(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; or

(d) goods that are ships’ stores, being goods for the use of the passengers and crew, or for the service of the ship, on a voyage from Australia; or

(e) goods that are aircraft’s stores, being goods for the use of the passengers and crew, or for the service of the aircraft, on a flight from Australia; or

(f) goods that have been imported into Australia and held in bond; or

(g) goods that are:

(i) imported into Australia; and

(ii) to be exported from Australia in the same covering and under the same trade description as the covering and trade description in or under which they were imported; or

(h) goods that are consigned to an external Territory for consumption within the Territory; or

(i) goods that are consigned to either a resources industry fixed structure, or a resources industry mobile unit, within the meaning of the Sea Installations Act 1987, that is installed in any of the following areas, for consumption on the structure or mobile unit:

(i) the Greater Sunrise special regime area within the meaning of the Seas and Submerged Lands Act 1973;

(ii) the Greater Sunrise pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006;

(iii) the area in or above the Bayu‑Undan Gas Field within the meaning of the Timor Sea Maritime Boundaries Treaty;

(iv) the Bayu‑Undan pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006;

(v) the area in or above the Kitan Oil Field within the meaning of the Timor Sea Maritime Boundaries Treaty; or

(j) goods (other than a live animal or animal reproductive material) that are to be exported in a consignment of no more than:

(i) for liquid goods—10 litres; or

(ii) for goods of any other kind—10 kilograms; or

(k) goods that are to be exported to New Zealand, other than:

(i) live animals; or

(ii) animal reproductive material; or

(iii) grain; or

(iv) plants, or plant products, for which a certificate is required by or under a law of New Zealand.

(2) For paragraph (1)(i):

(a) a resources industry fixed structure or a resources industry mobile unit is installed at a particular time if, under section 6 of the Sea Installations Act 1987, it would be taken to be installed in an adjacent area at that time; and

(b) a resources industry fixed structure or a resources industry mobile unit that is not installed is taken to be a ship.

Part 4—Application and transitional provisions

26 Export of live animals

The charge prescribed by an item in the table in section 7 applies in relation to the export of an animal referred to in that item if the export permit for the export of the animal and the health certificate in relation to the animal (required by the Animals Order), are issued on or after 1 December 2015.

27 Export of plants and plant products

The charge prescribed by an item in the table in section 8 applies in relation to the export of a consignment of plants or plants products referred to in that item if the export permit for the export of the consignment, and any required phytosanitary certificate, or other certificate, in relation to the consignment, are issued on or after 1 December 2015.

28 Registered establishments

(1) Subject to subsection (2), the charge prescribed by an item in the table in subsection 11(1) applies in relation to the registered establishment referred to in that item if:

(a) the registration of the establishment is in force on 1 December 2015; or

(b) the establishment is first registered for the operations referred to in that item on or after 1 December 2015.

(2) If an establishment is first registered between 1 December 2015 and 1 January 2016 for the operations referred to in any of items 2, 3 or 8 to 14 in the table in subsection 11(1), then each of those items that applies in relation to the registered establishment has effect, in relation to the establishment and the financial year ending on 30 June 2016, as if the registration had occurred after 1 January 2016.

Note: The effect of subsection (2) is that the charge for the financial year ending on 30 June 2016 in relation to a registered establishment that is first registered between 1 December 2015 and 1 January 2016, for the operations referred to in any of items 2, 3 or 8 to 14 in the table in subsection 11(1), is the amount set out in paragraph (b) of column 2 of the applicable item.

29 Slaughtering or dressing certain animals

The charge prescribed by an item in the table in subsection 13(1) applies in relation to the slaughtering or dressing of an animal referred to in that item, if the slaughtering or dressing occurs on or after 1 December 2015.

30 Applications

(1) The charge prescribed by an item in the table in section 15 applies in relation to an application referred to in that item that is made on or after 1 December 2015.

(2) The charge prescribed by item 5 in the table in section 15 also applies in relation to an application by a veterinarian for accreditation that is made before 1 December 2015 if:

(a) the veterinarian is given a notice of accreditation under section 4A.02 of the Animals Order on or after 1 December 2015; or

(b) the veterinarian is given a notice refusing the accreditation on or after 1 December 2015.

31 Approved arrangements and QM certificates

Approved arrangements

(1) The charge prescribed by item 1 or 2 in the table in section 17 applies in relation to an approved arrangement referred to in that item if:

(a) the approved arrangement is in force on 1 December 2015; or

(b) the approval of the arrangement takes effect on or after 1 December 2015.

(2) If an arrangement referred to in item 1 or 2 in the table in section 17 is first approved between 1 December 2015 and 1 January 2016, then that item has effect, in relation to the approved arrangement and the financial year ending on 30 June 2016, as if the arrangement had been approved after 1 January 2016.

Note: The effect of subsection (2) is that the charge for the financial year ending on 30 June 2016 in relation to an arrangement referred to in item 1 or 2 in the table in section 17 that is first approved between 1 December 2015 and 1 January 2016 is the amount set out in paragraph (b) of column 2 of the applicable item.

QM certificates

(3) The charge prescribed by item 3 in the table in section 17 applies in relation to a QM certificate if:

(a) the QM certificate is in force on 1 December 2015; or

(b) the QM certificate is issued on or after 1 December 2015.

(4) If the fee referred to in suborder 4S(3) of the Export Control (Fees Orders 2001 (as in force immediately before 1 December 2015) was paid before that date in relation to a QM certificate for the financial year ending on 30 June 2016, the charge prescribed by item 3 in the table in section 17 of this instrument is taken to have been paid in relation to the QM certificate for that financial year.

32 Live‑stock and meat export licences

Live‑stock export licences

(1) Subject to subsection (2), the charge prescribed by item 1 or 2 in the table in section 19 applies in relation to a live‑stock export licence referred to in that item if:

(a) the licence is in force on 1 December 2015; or

(b) the licence is granted on or after 1 December 2015.

(2) If a live‑stock export licence to which item 1 in the table in section 19 applies is first granted between 1 December 2015 and 1 January 2016, then that item has effect, in relation to the licence and the financial year ending on 30 June 2016, as if the licence had been granted after 1 January 2016.

Note: The effect of subsection (2) is that the charge for the financial year ending on 30 June 2016 in relation to the live‑stock export licence is the amount set out in paragraph (b) of column 2 of item 1 in the table in section 19.

Meat export licences

(3) The charge prescribed by item 3 in the table in section 19 applies in relation to a meat export licence referred to in that item if:

(a) the licence is in force on 1 December 2015; or

(b) the licence is granted on or after 1 December 2015.

33 Export documents

The charge prescribed by an item in the table in section 21 applies in relation to an export document referred to in that item that is issued on or after 1 December 2015.

34 Authorised officers

The charge prescribed by the item in the table in section 23 applies in relation to a person referred to in that item if:

(a) the person’s appointment as an authorised officer is in force on 1 December 2015; or

(b) the person is first appointed to be an authorised officer on or after 1 December 2015.

Endnotes

Endnote 1—About the endnotes

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

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Export Charges (Imposition—Customs) Regulation 2015	20 Nov 2015 (F2015L01876)	1 Dec 2015 (s 2(1) item 1)
Export Charges (Imposition—Customs) Amendment (Tariff Rate Quotas) Regulation 2016	29 Feb 2016 (F2016L00167)	1 Mar 2016 (s 2(1) item 1)	—
Export Charges (Imposition—Customs) Amendment (Norfolk Island Plants) Regulation 2016	28 Nov 2016 (F2016L01822)	1 Dec 2016 (s 2(1) item 1)	—
Timor Sea Legislation Amendment (Maritime Boundaries Treaty) Regulations 2019	12 Aug 2019 (F2019L01049)	Sch 1 (items 1, 2): 30 Aug 2019 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 2.....................	rep LIA s 48D
s 5.....................	am F2016L00167; F2016L01822; F2019L01049
Part 3
s 10....................	am F2016L00167
s 21....................	am F2016L00167
s 25....................	am F2019L01049

Export Charges (Imposition—Customs) Regulation 2015

Administered by Department of Agriculture, Fisheries and Forestry

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