Export Control (Fees and Payments) Amendment (2026 Measures No. 1) Rules 2026

EXPLANATORY STATEMENT

Issued by Authority of the Secretary of the Department of Agriculture, Fisheries and Forestry

Export Control Act 2020

Legislative Authority

The Export Control (Fees and Payments) Amendment (2026 Measures No. 1) Rules 2026 (the Amendment Rules) are made by the Secretary of the Department of Agriculture, Fisheries and Forestry (the Department) under subsection 432(1) of the Export Control Act 2020 (the Act).

Subsection 432(1) of the Act provides that the Secretary may, by legislative instrument, make rules prescribing matters required or permitted by the Act to be prescribed by the rules or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 399(1) of the Act provides that the rules may prescribe fees that may be charged in relation to fee-bearing activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Act. Subsection 399(3) provides that a fee prescribed under subsection 399(1) must not be such as to amount to taxation.

Paragraph 400(a) provides that the rules may prescribe the time when a specified cost recovery charge is due and payable. If the rules specify the time when a cost recovery charge is due and payable, section 403 allows for the rules to also specify a late payment fee that is due and payable if a basic charge is not paid at or before the specified time.

Under section 289 of the Act, the Minister may give directions to the Secretary about the performance of the Secretary’s functions or the exercise of the Secretary’s powers in making rules under section 432 of the Act. Directions made by the Minister to the Secretary are legislative instruments but are not subject to the disallowance or sunsetting provisions of the Legislation Act 2003. At the time of commencement, a Ministerial direction has not been made under section 289 of the Act for the purposes of rules relating to fees and payments.

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 Rules is to prescribe updated fees in relation to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Act.

The Amendment Rules amend the Export Control (Fees and Payments) Rules 2021 (the Principal Rules) to introduce phased increases to prescribed fees over three financial years from 1 July 2027 moving toward full cost recovery for export regulatory services by 1 July 2029. After the last of the phased increases, the Amendment Rules introduce annual indexation of export fees from 1 July 2030. Following industry consultation and considering current impacts experienced by Australian farmers and producers, prices for the 2026-27 financial year would be the same as those prescribed since 1 July 2024.

As part of ongoing governance of the export cost recovery arrangements, some changes to the structure of the fees have also been made, including repealing one fee, amending the method of calculating other fees and clarifying when fees are due and payable. These prescribed fees are based on the Department’s modelling of the costs to the Department in relation to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Act.

Background

The Department administers the Act that is the primary means by which the Australian Government regulates goods exported from Australia. In many circumstances the regulation of goods by the Australian Government is a prerequisite for the acceptance of those goods by importing countries. The provisions of the Act and related legislative instruments support access to international trading markets for Australian goods and protect Australia’s global trading reputation as a reliable source of safe and high-quality goods.

Monitoring compliance with export legislation comes at a cost. The Australian Government Cost Recovery Policy states that agencies should set charges to recover some or all the costs of activities that they provide. These charges should reflect the costs of providing the activity and should generally be imposed as a fee or, where efficient, as a levy.

The Australian Government plays an important role in the trade of agricultural commodities as importing countries often require government-level assurances that products meet certain requirements to be accepted. In recent years, these requirements have increased in number and complexity, increasing the Department’s costs of delivering export regulatory services. In addition to trading partner requirements, inflationary pressures and increases to wages and supplier costs contributed to cost recovery revenue falling short of the Department’s cost base, requiring supplementary appropriation funding to sustain operations.

The Amendment Rules introduce a sustainable funding model for the Department to recover costs for its export regulatory services based on financial modelling set out in the 2026-27 Export Cost Recovery Implementation Statements (CRISs). The Amendment Rules prescribe fees that are designed to recover no more than the Department’s anticipated costs of administering and managing multiple cost recovery arrangements for export regulatory functions. The CRISs set out the anticipated costs to be recovered in delivering export regulatory activities, and the fees and charges to be applied to those activities.

Impact and Effect

The Amendment Rules provide for the phased transition to full cost recovery for export regulatory services to be implemented from 1 July 2027. Price changes apply across every export arrangement, but the specific price changes for each fee point varies, depending on the Department’s costs of delivering each functional activity.

The Amendment Rules also amend the Principal Rules by:

repealing the fee used to charge for the costs of independent observers relating to the export of livestock by sea;

amending and simplifying the calculation of fees for meat inspection services;

amending fees for the consideration of applications for tariff rate quota certificates to be more commodity specific;

amending the manner in which fees for applications, training and assessment of third‑party authorised officers related to prescribed plants or prescribed plant products are calculated; and

amending when a cost recovery charge is due and payable.

Once the last of the prescribed stepped increases has occurred on 1 July 2029, the Amendment Rules introduces a uniform indexation mechanism for automatic adjustments to export control fees and charges. This mechanism, commencing on 1 July 2030, will enable the costs recovered by the Department to reflect annual changes in costs due to inflationary pressures without the need to amend the legislation each year. As the Department’s costs are primarily driven by employee and contractor costs, the indexation mechanism is based on the Wage Price Index.

Consultation

The Department conducted targeted engagement with key stakeholders from 2024 through briefing sessions, attendance at industry consultative committee meetings, and a whole of industry briefing to share information on cost base analysis of the export arrangements.

After the publication of the draft 2026-27 CRISs, the Department conducted a 7-week consultation period through the Have Your Say platform on the Department’s website and formal industry meetings. Feedback received was considered by the Department and the Minister, and informed development of the CRISs. The final CRISs were certified by the Secretary of the Department and approved by the Minister, and are available on the Department’s website.

The Department of Prime Minister and Cabinet, the Department of Finance and the Australian Bureau of Statistics have been consulted on the proposed changes.

Details/ Operation

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

The Amendment Rules commence on 1 July 2026.

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

Other

The Amendment Rules 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 Export Control (Fees and Payments) Amendment (2026 Measures No. 1) Rules 2026

Section 1 – Name

This section provides that the name of the instrument is the Export Control (Fees and Payments) Amendment (2026 Measures No. 1) Rules 2026 (the Amendment Rules).

Section 2 – Commencement

This section provides that each provision of the Amendment Rules 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.

Item 1 in the table provides that the whole of the Amendment Rules commence on 1 July 2026.

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

Section 3 – Authority

This section provides that the Amendment Rules are made under the Export Control Act 2020.

Section 4 – Schedules

This section provides for the amendment or repeal of instruments as set out in a Schedule to the Amendment Rules. This enables the amendment of the Export Control (Fees and Payments) Rules 2021.

Schedule 1 – Amendments

Export Control (Fees and Payments) Rules 2021

Section 1-5 – Simplified outline

Section 1-5 of the Principal Rules contains a simplified outline of the Export Control (Fees and Payments) Rules 2021 (the Principal Rules).

Item 1 – Section 1-5

This item amends the simplified outline in section 1-5 by inserting a reference to the new Part 2A, inserted by item [84] of this Schedule, that provides a mechanism for the indexation of certain fees from 1 July 2030.

Item 2 – Section 1-5

This item amends the simplified outline in section 1-5 to omit the previous statement in the Principal Rules that a cost recovery charge is due and payable when a demand for payment of the charge is made and substitutes a new statement that a cost recovery charge is due and payable:

if the Department of Agriculture, Fisheries and Forestry (the Department) issues an invoice in relation to the charge that specifies the last day for payment of the charge—by close of business on that day; or
in any other case—when a demand for payment of the charge is made.

This is a consequential amendment to ensure the simplified outline reflects the repeal and substitution of section 3-1 of the Principal Rules, relating to the time for payment of a cost recovery charge, made by item 85 of this Schedule.

Section 1-6 - Definitions

Item 3 – Section 1-6

This item inserts a new definition for the phrase “indexable fee” which means a fee prescribed by a provision in Part 2, which is expressed as the amount worked out under section 2-15. The purpose of this definition is to define those prescribed fees that will be subject to indexation from the financial year beginning 1 July 2030 and later years.

Section 2-2 – Fees in relation to audits

Section 2-2 of the Principal Rules is made for the purposes of subsection 399(1) of the Export Control Act 2020 (the Act) and provides for fees that may be charged in relation to audits carried out by, or on behalf of the Commonwealth under the Act. The fees are listed in the table in subsection 2-2(1), where column 1 describes the fee-bearing activity and column 2 describes the corresponding fee that applies to that activity.

Item 4 – Subsection 2-2(1) (cell at table item 1, column 2)

Table item 1 of subsection 2-2(1) of the Principal Rules prescribes time-based fees for an audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act in relation to:

prescribed livestock for export; or
prescribed live animals for export; or
prescribed animal reproductive material for export.

The fees prescribed in table item 1, column 2 currently provide for different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in column 2 also currently provide for each financial year a quarter hourly fee rate for activities required by the Secretary to be carried out by a veterinarian and an alternative quarter hourly fee rate for any other activities carried out by an authorised officer in any other case in relation to the relevant fee-bearing activity.

This item repeals the cell at table item 1, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing audit services by a Commonwealth authorised officer for export operations carried out, or in relation to the performance of functions or exercise of powers under the Act in relation to:

prescribed livestock for export; or
prescribed live animals for export; or
prescribed animal reproductive material for export.

Item 5 – Subsection 2-2(1) (cell at table item 2, column 2)

Table item 2 of subsection 2-2(1) of the Principal Rules prescribes time-based fees for an audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed plants or prescribed plant products for export.

The fees prescribed in table item 2, column 2 currently provide for different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increased incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 2, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing audit services by a Commonwealth authorised officer for export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed plants or prescribed plant products for export.

Item 6 – Subsection 2-2(1) (cell at table item 3, column 2)

Table item 3 of subsection 2-2(1) of the Principal Rules prescribes time-based fees for an audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed meat or prescribed meat products for export.

The fees prescribed in table item 3, column 2 currently provide for different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in column 2 also currently provide for each financial year a quarter hourly fee rate for activities required by the Secretary to be carried out by a veterinarian and an alternative quarter hourly fee rate for any other activities carried out by an authorised officer in any other case in relation to the relevant fee-bearing activity.

This item repeals the cell at table item 3, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing audit services by a Commonwealth authorised officer for export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed meat or prescribed meat products for export.

Item 7 – Subsection 2-2(1) (cell at table item 4, column 2)

Table item 4 of subsection 2-2(1) of the Principal Rules prescribes time-based fees for an audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed milk or prescribed milk products for export.

The fees prescribed in table item 4, column 2 currently provide for different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 4, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing audit services by a Commonwealth authorised officer for export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed milk or prescribed milk products for export.

Item 8 – Subsection 2-2(1) (cell at table item 5, column 2)

Table item 5 of subsection 2-2(1) of the Principal Rules prescribes time-based fees for an audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed fish or prescribed fish products for export.

The fees prescribed in table item 5, column 2 currently provide for different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 5, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing audit services by a Commonwealth authorised officer for export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed fish or prescribed fish products for export.

Item 9 – Subsection 2-2(1) (cell at table item 6, column 2)

Table item 6 of subsection 2-2(1) of the Principal Rules prescribes time-based fees for an audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed eggs or prescribed egg products for export.

The fees prescribed in table item 6, column 2 currently provide for different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 6, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing audit services by a Commonwealth authorised officer for export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed eggs or prescribed egg products for export.

Item 10 – Subsection 2-2(1) (cell at table item 7, column 2)

Table item 7 of subsection 2-2(1) of the Principal Rules prescribes time-based fees for an audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed organic goods for export.

The fees prescribed in table item 7, column 2 currently provide for different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 7, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing audit services by a Commonwealth authorised officer for export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed organic goods for export.

Item 11 – Subsection 2-2(1) (cell at table item 8, column 2)

Table item 8 of subsection 2-2(1) of the Principal Rules prescribes time-based fees for an audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to goods (other than goods covered by table items 1 to 7) in relation to which an application for a government certificate has been made under subsection 65(1) of the Act.

The fees prescribed in table item 8, column 2 currently provide for different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 8, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing audit services by a Commonwealth authorised officer for export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to goods (other than goods covered by table items 1 to 7) in relation to which an application for a government certificate has been made under subsection 65(1) of the Act.

Section 2-3 – Fees in relation to assessments and inspections

Section 2-3 of the Principal Rules is made for the purposes of subsection 399(1) of the Act and provides for fees that may be charged in relation to assessments and inspections carried out by, or on behalf of the Commonwealth under the Act. The fees are listed in the table in section 2-3, where column 1 describes the fee-bearing activity and column 2 describes the corresponding fee that applies to that activity.

Item 12 – Section 2-3 (cell at table item 1, column 2)

Table item 1 of section 2-3 of the Principal Rules prescribes time-based fees for an assessment by a Commonwealth authorised officer of:

prescribed livestock for export; or
prescribed live animals for export; or
prescribed animal reproductive material for export.

a veterinarian, where the activity could have been carried out by a State or Territory authorised officer or a third party authorised officer;
a veterinarian, where the activity could not have been carried out by a State or Territory authorised officer or a third party authorised officer; and
an authorised officer who is not a veterinarian.

“Third party authorised officer” has the same meaning as in the Act. Under paragraph 291(6)(a) of the Act, the Secretary may authorise a person who is not an officer or employee of a Commonwealth, State or Territory body to be a “third party authorised officer”.

These amended amounts are set at a level designed to recover no more than the overall cost of providing assessment services by a Commonwealth authorised officer of:

prescribed livestock for export; or
prescribed live animals for export; or
prescribed animal reproductive material for export.

Item 13 – Section 2-3 (cell at table item 2, column 2)

Table item 2 of section 2-3 of the Principal Rules prescribes time-based fees for an assessment by a Commonwealth authorised officer or a State or Territory authorised officer of horticultural products for export.

if the activity could have been carried out by a third party authorised officer; and
in any other case.

This item repeals the cell at table item 2, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing assessment services by a Commonwealth authorised officer of horticultural products for export.

Item 14 – Section 2-3 (cell at table item 2A, column 2)

Table item 2A of section 2-3 of the Principal Rules prescribes time-based fees for an assessment by a Commonwealth authorised officer or a State or Territory authorised officer of prescribed plants or prescribed plant products (other than horticultural products) for export.

if the activity could have been carried out by a third party authorised officer; and
in any other case.

This item repeals the cell at table item 2A, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing assessment services by a Commonwealth authorised officer or a State or Territory authorised officer of prescribed plants or prescribed plant products (other than horticultural products) for export.

Item 15 – Section 2-3 (cell at table item 3, column 2)

Table item 3 of section 2-3 of the Principal Rules prescribes time-based fees for an inspection of a bulk vessel under Part 5 of Chapter 9 of the Export Control (Plants and Plant Products) Rules 2021 (the Plant Rules) by a Commonwealth authorised officer, or a State or Territory authorised officer, for the purpose of deciding whether to approve the bulk vessel.

If the activity could have been carried out by a third party authorised officer; and
in any other case.

This item repeals the cell at table item 3, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing inspection services of a bulk vessel under Part 5 of Chapter 9 of the Plant Rules by a Commonwealth authorised officer, or a State or Territory authorised officer, for the purpose of deciding whether to approve the bulk vessel.

Item 16 – Section 2-3 (cell at table item 4, column 2)

Table item 4 of section 2-3 of the Principal Rules prescribes time-based fees for an inspection of a container under Part 6 of Chapter 9 of the Plant Rules by a Commonwealth authorised officer, or a State or Territory authorised officer, for the purpose of deciding whether to approve the container.

if that activity could have been carried out by a third party authorised officer; and
in any other case.

This item repeals the cell at table item 4, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing inspection services of a container under Part 6 of Chapter 9 of the Plant Rules by a Commonwealth authorised officer, or a State or Territory authorised officer, for the purpose of deciding whether to approve the container.

Item 17 – Section 2-3 (cell at table item 5, column 2)

Table item 5 of section 2-3 of the Principal Rules prescribes time-based fees for an assessment by a Commonwealth authorised officer of prescribed meat or prescribed meat products for export (other than meat inspection services covered by section 2-4 of the Principal Rules).

activities required by the Secretary to be carried out by a veterinarian; and
in any other case.

This item repeals the cell at table item 5, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing assessment services by a Commonwealth authorised officer of prescribed meat or prescribed meat products for export (other than meat inspection services covered by section 2-4 of the Principal Rules).

Item 18 – Section 2-3 (cell at table item 6, column 2)

Table item 6 of section 2-3 of the Principal Rules prescribes time-based fees for an assessment by a Commonwealth authorised officer of prescribed milk or prescribed milk products for export.

The fees prescribed in table item 6, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 6, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing assessment services by a Commonwealth authorised officer of prescribed milk or prescribed milk products for export.

Item 19 – Section 2-3 (cell at table item 7, column 2)

Table item 7 of section 2-3 of the Principal Rules prescribes time-based fees for an assessment by a Commonwealth authorised officer of prescribed fish or prescribed fish products for export.

The fees prescribed in table item 7, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 7, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing assessment services by a Commonwealth authorised officer of prescribed fish or prescribed fish products for export.

Item 20 – Section 2-3 (cell at table item 8, column 2)

Table item 8 of section 2-3 of the Principal Rules prescribes time-based fees for an assessment by a Commonwealth authorised officer of prescribed eggs or prescribed egg products for export.

The fees prescribed in table item 8, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 8, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The value of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing assessment services by a Commonwealth authorised officer of prescribed eggs or prescribed egg products for export.

Item 21 – Section 2-3 (cell at table item 9, column 2)

Table item 9 of section 2-3 of the Principal Rules prescribes time-based fees for an assessment by a Commonwealth authorised officer of goods (other than goods covered by table item 1, 2, 2A or 5 to 8) in relation to which an application for a government certificate has been made under subsection 65(1) of the Act.

The fees prescribed in table item 9, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 9, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of providing assessment services by a Commonwealth authorised officer of goods (other than goods covered by table item 1, 2, 2A or 5 to 8) in relation to which an application for a government certificate has been made under subsection 65(1) of the Act.

Item 22 – Section 2-3 (table item 9A)

Table item 9A of section 2-3 of the Principal Rules prescribes time-based fees for activities carried out by a Commonwealth authorised officer as directed by the Secretary under section 313 of the Act in relation to an approved export program. These fees have only been used by the Department in relation to the Independent Observer program with the Live Animal Export arrangement to recover costs associated with independent observers accompanying voyages of livestock that are being exported from Australian territory by sea.

From 1 July 2026, charging for all Independent Observer activities conducted in relation to an approved export program will cease and instead this activity will be funded through government appropriation rather than through the export cost recovery arrangement. While charging will cease, Independent Observers may still accompany exports of livestock by sea after 1 July 2026. As such, this item repeals table item 9A.

Section 2-4 – Fees in relation to meat inspection services

Subsection 2-4(1) of the Principal Rules is made for the purposes of subsection 399(1) of the Act and provides for fees that may be charged in relation to meat inspection services carried out by a person occupying a meat inspection position during hours (or part thereof) that the position is allocated to carry out meat inspection services at a registered establishment. Fees for meat inspection services carried out outside of allocated hours are prescribed in section 2‑3 table item 5 and section 2-9 (overtime). The fees are listed in the table in subsection 2-4(1), where column 1 describes the fee-bearing activity and column 2 describes the corresponding fee that applies to that activity.

Item 23 – Subsection 2-4(1) (cell at table item 1, column 2)

Table item 1 of subsection 2-4(1) of the Principal Rules prescribes fees for meat inspection services carried out at a registered establishment by a person occupying a meat inspection position allocated to the establishment and during the hours (or part thereof) that the position is allocated to carry out the services at the establishment.

Column 2 of table item 1 of subsection 2-4(1) of the Principal Rules currently prescribes the following fees that apply to meat inspection services carried out by a meat inspector allocated to a registered establishment:

for a meat inspection position allocated to the establishment for 1 month or more to carry out the activity for 40 hours per week:
1. if the position is occupied by a veterinarian—$24,970 per month or part of a month that the position is allocated to the establishment; or
2. if the position is occupied by a person other than a veterinarian—$18,715 per month or part of a month that the position is allocated to the establishment;
for a meat inspection position allocated to the establishment for 1 month or more to carry out the activity for more than 40 hours per week, the sum of:
1. the amount that would have applied to the position under paragraph (a) had the position been allocated to carry out the activity for 40 hours per week; and
2. the amount worked out for the position using the formula in subsection 2-4(2);
for a meat inspection position allocated to the establishment for 1 month or more to carry out the activity for less than 40 hours per week, the amount worked out for the position using the formula in subsection 2-4(2);
for a meat inspection position allocated to the establishment for less than 1 month:
1. if the position is occupied by a veterinarian—$36 for each quarter hour of the period that the position is allocated to the establishment to carry out the activity; or
2. if the position is occupied by a person other than a veterinarian—$27 for each quarter hour of the period that the position is allocated to the establishment to carry out the activity

Subsection 2-4(2) of the Principal Rules currently sets out specific inputs and the formula referred to in subparagraph (b)(ii) and paragraph (c) of column 2 of item 1 of the table in subsection 2-4(1). This formula is:

Number of quarter hours × Quarterly hour fee × 4.33

where:

number of quarter hours means:

if the meat inspection position is allocated to the registered establishment to carry out meat inspection services for more than 40 hours per week— the number of quarter hours after the first 40 hours per week that the position is allocated to carry out the services at the establishment; or
if the meat inspection position is allocated to the registered establishment to carry out meat inspection services for less than 40 hours per week— the number of quarter hours per week that the position is allocated to carry out the services at the establishment.

Quarterly hour fee means:

if the meat inspection position allocated to the registered establishment to carry out meat inspection services is occupied by a veterinarian—$36; or
if the meat inspection position allocated to the registered establishment to carry out meat inspection services is occupied by a person other than by a veterinarian—$27.

Currently, the Principal Rules distinguish between meat inspection services carried out for 40 hours, more than 40 hours or less than 40 hours found in paragraphs (a), (b) and (c) of table item 1, column 2. The fees applicable to each of these paragraphs are each derived from using the same base quarter hourly rate, multiplied by the number of quarter hours that the meat inspection position is allocated to the relevant registered establishment.

The purpose of the amendment being made by this item, and the related amendments at items 24, 25, 26 and 27 of the Amendment Rules is to simplify the fees in section 2-4 by removing the references to 40 hours per week from subsection 2-4(1) and instead utilising the formula at subsection 2-4(2) of the Principal Rules to determine fees for meat inspection services allocated to an establishment for 1 month or more.

This item repeals the cell at table item 1, column 2 and substitutes new fees by financial year, starting 1 July 2026 and then increasing in stepped increases until the financial year starting 1 July 2029. For each financial year the prescribed fee is differentiated as follows:

for a meat inspection position allocated to the establishment for 1 month or more, the amount worked out for the position using the formula in subsection 2-4(2); and
for a meat inspection position allocated to an establishment for less than 1 month, a quarter hourly fee for each quarter hour of the period that the position is allocated to the establishment, with different fees applying based on whether the position is occupied by a veterinarian or by a person other than a veterinarian.

The prescribed fees for the financial year starting 1 July 2026 remain based upon the quarter hourly fee that is prescribed for the financial year beginning 1 July 2024 meaning that the prices in the amended table item 1 remain the same as those in place immediately prior to the Amendment Rules commencing. The fees prescribed then increase in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule).

These amended amounts are set at a level designed to recover no more than the overall cost of providing meat inspection services carried out at a registered establishment by a person occupying a meat inspection position allocated to the establishment and during the hours that the position is allocated to carry out the services at the establishment.

Item 24 – Subsection 2-4(2)

This item omits from subsection 2-4(2) the references to subparagraph (b)(ii) and paragraph (c) of column 2 of item 1 of the table in subsection 2-4(1) and substitutes a reference to “paragraph (a)”. This amendment is a consequence of the amendment at item 23 of this Schedule which omits paragraphs (b) and (c) from column 2 of item 1 of the table in subsection 2-4(1) of the Principal Rules.

Item 25 – Subsection 2-4(2) (definition of number of quarter hours)

This item repeals the current definition of “number of quarter hours” and substitutes a new, simplified definition, that removes the current distinction in the definition between meat inspection services for more than 40 hours a week and less than 40 hours a week. The new definition is:

number of quarter hours means the number of quarter hours per week that the meat inspection position is allocated to carry out the services at the establishment.

Item 26 – Subsection 2-4(2) (definition of quarterly hour fee)

This item repeals the current definition of “quarterly hour fee” and substitutes a new definition that prescribes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). This new definition retains the distinction in the current Principal Rules between a meat inspection service occupied by a veterinarian and a meat inspection service occupied by a person other than a veterinarian. These amended amounts are set at a level designed to recover no more than the overall cost of providing meat inspection services carried out at a registered establishment by a person occupying a meat inspection position allocated to the establishment and during the hours that the position is allocated to carry out the services at the establishment.

Item 27 – Subsections 2-4(3), (4) and (5)

Subsections 2-4(3), (4) and (5) of the Principal Rules provide for the pro-rating of monthly fees in the following circumstances:

if the occupier of a registered establishment with an allocation of meat inspection services notifies the Secretary, in writing, that the meat inspection services are not required for a specified period and the notice is given within the period, or by the time, required by rules relating to the meat inspection services the fee is reduced by the percentage worked out in accordance with a formula set out in subsection 2-4(3);
if the occupier of a registered establishment with an allocation of meat inspection services notifies the Secretary, in writing, that the occupier wishes to terminate the provision of meat inspection services on a specified day and the notice is given within the period, or by the time, required by the rules relating to the meat inspection services, and the termination of some, or all, meat inspection services results in a meat inspection position allocated to the registered establishment being terminated, the fee is reduced by the percentage worked out in accordance with a formula set out in subsection 2-4(4); or
if the Secretary varies the allocation of meat inspection services to a registered establishment in accordance with rules relating to the meat inspection service, and the number of hours that a meat inspection position is allocated to the establishment to carry out the meat inspection services is increased or reduced on the day the variation takes effect, the fee is varied in accordance with the formula set out in subsection 2‑4(5).

This item omits the references currently in subsection 2-4(3), (4) and (5) to “paragraph (a), (b) or (c)” of column 2 of item 1 of the table in subsection (1) and substitutes them with “paragraph (a)”. This amendment is a consequence of the amendment at item 23 of this Schedule which omits paragraphs (b) and (c) from column 2 of item 1 of the table in subsection 2-4(1) of the Principal Rules.

Section 2-4A – Fees in relation to applications for veterinarian accreditation

Section 2-4A of the Principal Rules is made for the purposes of subsection 399(1) of the Act and provides for fees that may be charged in relation to applications for veterinary accreditation under the Export Control (Animals) Rules 2021 (Animals Rules). The fees are listed in the table in section 2-4A, where column 1 describes the fee-bearing activity and column 2 describes the corresponding fee that applies to that activity.

Item 28 – Section 2-4A (cell at table item 1, column 2)

Table item 1 of section 2-4A of the Principal Rules prescribes time-based fees for consideration by a Commonwealth authorised officer of an application by a veterinarian for accreditation under Division 2 of Part 3 of Chapter 9 of the Animals Rules.

The fees prescribed in table item 1, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in column 2 also currently provide for each financial year a quarter hourly fee rate for an application considered by an authorised officer who is a veterinarian and an alternative quarter hourly fee rate for an application considered by an authorised officer who is not a veterinarian.

This item repeals the cell at table item 1, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering an application by a veterinarian for accreditation under Division 2 of Part 3 of Chapter 9 of the Animals Rules.

Item 29 – Section 2-4A (cell at table item 2, column 2)

Table item 2 of section 2-4A of the Principal Rules prescribes time-based fees for consideration by a Commonwealth authorised officer of an application by an accredited veterinarian for renewal of the veterinarian’s accreditation under Division 3 of Part 3 of Chapter 9 of the Animals Rules.

The fees prescribed in table item 2, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in column 2 also currently provide for each financial year a quarter hourly fee rate for an application considered by an authorised officer who is a veterinarian and an alternative quarter hourly fee rate for an application considered by an authorised officer who is not a veterinarian.

This item repeals the cell at table item 2, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering an application by an accredited veterinarian for renewal of the veterinarian’s accreditation under Division 3 of Part 3 of Chapter 9 of the Animals Rules.

Item 30 – Section 2-4A (cell at table item 3, column 2)

Table item 3 of section 2-4A of the Principal Rules prescribes time-based fees for consideration by a Commonwealth authorised officer of an application by an accredited veterinarian for variation of the veterinarian’s accreditation under Division 4 of Part 3 of Chapter 9 of the Animals Rules.

The fees prescribed in table item 3, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in column 2 also currently provide for each financial year a quarter hourly fee rate for an application considered by an authorised officer who is a veterinarian and an alternative quarter hourly fee rate for an application considered by an authorised officer who is not a veterinarian.

This item repeals the cell at table item 3, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering an application by an accredited veterinarian for variation of the veterinarian’s accreditation under Division 4 of Part 3 of Chapter 9 of the Animals Rules.

Section 2-5 – Fees in relation to applications for export documents

Section 2-5 of the Principal Rules is made for the purposes of subsection 399(1) of the Act and provides for fees that may be charged in relation to applications for export documents. The fees are listed in the table in section 2-5, where column 1 describes the fee-bearing activity and column 2 describes the corresponding fee that applies to that activity.

Item 31 – Section 2-5 (cell at table item 1, column 2)

Table item 1 of Section 2-5 of the Principal Rules prescribes fees for consideration of an application for the issue of an export document (other than a tariff quota certificate) for prescribed livestock, prescribed live animals, or prescribed animal reproductive material.

The fees prescribed in table item 1, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 1, column 2 also prescribe, for each financial year, different fees depending upon whether the application is for an export document that is not a replacement document and is considered by a veterinarian (quarter hourly fee), an export document that is not a replacement document and is considered by an authorised officer that is not a veterinarian (quarter hourly fee), or is a replacement export document (fixed fee).

This item repeals the cell at table item 1, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for the issue of an export document (other than a tariff quota certificate) for prescribed livestock, prescribed live animals, or prescribed animal reproductive material.

Item 32 – Section 2-5 (cell at table item 2, column 2)

Table item 2 of Section 2-5 of the Principal Rules prescribes fees for consideration of an application for the issue of an export document (other than a tariff quota certificate) for horticultural products.

The fees prescribed in table item 2, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 2, column 2 also prescribe, for each financial year, different fees depending upon whether the application is for an export document that is not a replacement document and the application is made using the Department’s electronic export documentation system, or for an export document that is not a replacement document and is not made using the Department’s electronic export documentation system, or for a replacement export document.

This item repeals the cell at table item 2, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for the issue of an export document (other than a tariff quota certificate) for horticultural products.

Item 33 – Section 2-5 (cell at table item 2A, column 2)

Table item 2A of Section 2-5 of the Principal Rules prescribes fees for consideration of an application for the issue of an export document (other than a tariff quota certificate) for prescribed plants or prescribed plant products (other than horticultural products).

The fees prescribed in table item 2A, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 2A, column 2 also prescribe, for each financial year, different fees depending upon whether the application is for an export document that is not a replacement document and the application is made using the Department’s electronic export documentation system, or for an export document that is not a replacement document and is not made using the Department’s electronic export documentation system, or for a replacement export document.

This item repeals the cell at table item 2A, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for the issue of an export document (other than a tariff quota certificate) for prescribed plants or prescribed plant products (other than horticultural products).

Item 34 – Section 2-5 (cell at table item 3, column 2)

Table item 3 of Section 2-5 of the Principal Rules prescribes fees for consideration of an application for the issue of an export document for prescribed meat or prescribed meat products.

The fees prescribed in table item 3, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 3, column 2 also prescribe, for each financial year, different fees depending upon whether the application is for an export document that is not a replacement document and the application is made using the Department’s electronic export documentation system, or for an export document that is not a replacement document and is not made using the Department’s electronic export documentation system, or for a replacement export document.

This item repeals the cell at table item 3, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for the issue of an export document for prescribed meat or prescribed meat products.

Item 35 – Section 2-5 (cell at table item 4, column 1)

Table item 4 of Section 2-5 of the Principal Rules prescribes fees for consideration of an application for the issue of an export document for prescribed milk or prescribed milk products.

This item inserts in column 1 of table item 4, after “export document”, the phrase “(other than a tariff rate quota certificate)”.

This amendment is a consequential amendment due to the insertion of a new table item 7B at item [40] below, being a fee for the consideration of an application for a tariff rate quota certificate in relation to prescribed milk or prescribed milk products.

Item 36 – Section 2-5 (cell at table item 4, column 2)

The fees prescribed in table item 4, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 4, column 2 also prescribe, for each financial year, different fees depending upon whether the application is for an export document that is not a replacement document and the application is made using the Department’s electronic export documentation system, or for an export document that is not a replacement document and is not made using the Department’s electronic export documentation system, or for a replacement export document.

This item repeals the cell at table item 4, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for the issue of an export document (other than a tariff rate quota certificate) for prescribed milk or prescribed milk products.

Item 37 – Section 2-5 (table item 5, column 1)

Table item 5 of Section 2-5 of the Principal Rules prescribes fees for consideration of an application for the issue of an export document (other than a tariff rate quota certificate) for:

prescribed fish or prescribed fish products; or
prescribed eggs or prescribed egg products.

This item amends column 1 of table item 5 by omitting the reference to “(other than a tariff rate quota certificate)”.

This amendment reflects that the Department will no longer charge a separate fee for the consideration of an application for the issue of a tariff rate quota certificate in relation to prescribed fish or prescribed fish products or prescribed eggs or prescribed egg products. The fee for consideration of an application for a tariff rate quota certificate in relation to prescribed fish or prescribed fish products or prescribed eggs or prescribed egg products will now be recovered under this table item 5 as an “export document”.

Item 38 – Section 2-5 (cell at table item 5, column 2)

The fees prescribed in table item 5, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 5, column 2 also prescribe, for each financial year, different fees depending upon whether the application is for an export document that is not a replacement document and the application is made using the Department’s electronic export documentation system, for an export document that is not a replacement document and is not made using the Department’s electronic export documentation system, or for a replacement export document.

This item repeals the cell at table item 5, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for the issue of an export document for prescribed fish or prescribed fish products or prescribed eggs or prescribed egg products.

Item 39 – Section 2-5 (cell at table item 6, column 2)

Table item 6 of section 2-5 of the Principal Rules prescribes fees for consideration of an application under subsection 65(1) of the Act for the issue of a government certificate in relation to goods, other than goods covered by table items 1 to 5.

The fees prescribed in table item 6, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 6, column 2 also prescribe, for each financial year, different fees depending upon whether the application is for an export document that is not a replacement document and the application is made using the Department’s electronic export documentation system, or for an export document that is not a replacement document and is not made using the Department’s electronic export documentation system, or for a replacement export document.

This item repeals the cell at table item 6, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application under subsection 65(1) of the Act for the issue of a government certificate in relation to goods, other than goods covered by table items 1 to 5.

Item 40 – Section 2-5 (table item 7)

Table item 7 of section 2-5 of the Principal Rules currently prescribes fees for consideration of an application for the issue of a tariff rate quota certificate in relation to goods, other than prescribed meat, prescribed meat products, prescribed milk or prescribed milk products.

The fees prescribed in table item 7, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 7, column 2 also prescribe, for each financial year, different fees depending upon whether the application is for a tariff rate quota certificate that is not a replacement certificate and the application is made using the Department’s electronic export documentation system, or for a tariff rate quota certificate that is not a replacement certificate and is not made using the Department’s electronic export documentation system, or for a replacement certificate.

This item repeals table item 7 and substitutes four new table items providing for fees for the consideration of an application for a tariff rate quota certificate in relation to horticultural products, prescribed plants or prescribed plant products (new table item 7), prescribed livestock (new table item 7A), prescribed milk or prescribed milk products (new table item 7B) and goods other than goods covered by item 3, 5, 7, 7A or 7B in the table (new table item 7C).

The fees prescribed for each new table item 7, 7A, 7B and 7C are for the financial year starting 1 July 2026 with prices remaining at 1 July 2024 levels (of now repealed table item 7) and then increasing in three stepped increases until the financial year starting 1 July 2029 (varying depending on the commodity to which the new table items relate). The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule).

These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for the issue of a tariff rate quota certificate in relation to horticultural products, prescribed plants or prescribed plant products (new table item 7), prescribed livestock (new table item 7A), prescribed milk or prescribed milk products (new table item 7B) and goods other than goods covered by item 3, 5, 7, 7A or 7B in the table (new table item 7C).

Item 41 – Section 2-5 (cell at table item 8, column 1)

Table item 8 of section 2-5 of the Principal Rules prescribes that the fee for the provision of any consumable materials used in performing a service specified in any of table items 1 to 7 of section 2-5 will be an amount equivalent to the cost of the consumable materials.

This item amends the current description in column 1 of table item 8 by omitting “items 1 to 7” and substituting “items 1 to 7C”. This is a consequential amendment to include the additional table items 7A, 7B and 7C (inserted by item [40] above) within the scope of table item 8.

Item 42 – Section 2-5 (notes 1 and 2)

At the end of section 2-5 of the Principal Rules are two notes which provide that:

consideration of an application for the issue of a tariff rate quota certificate in relation to prescribed meat, prescribed meat products, prescribed milk or prescribed milk products, is covered by item 3 or 4 (see the definition of export document in section 1-6) (Note 1); and
additional fees are payable if a fee‑bearing activity is carried out in relation to certain kinds of goods by a Commonwealth authorised officer outside ordinary hours of duty or during a period for which overtime is payable (see sections 2‑7 to 2‑9) (Note 2).

This item repeals notes 1 and 2, and substitutes three new notes at the end of section 2-5. New Note 1 amends what was the previous Note 1 to remove the reference to prescribed milk or prescribed milk products and table item 4, as the fees for the consideration of an application for a tariff rate quota certificate in relation to those goods will now be recovered under new table item 7B (as inserted by item [40] of this Schedule), and not table item 4 as it was previously.

New Note 2 clarifies that the consideration of an application for the issue of a tariff rate quota certificate in relation to prescribed fish or prescribed fish products or prescribed eggs or prescribed egg products is now covered by table item 5 (as amended by item [37] of this Schedule), as a tariff rate quota certificate is included within the definition of export document in section 1‑6.

New “Note 3” replicates the current Note 2 in section 2-5 of the Principal Rules providing clarification that additional fees are payable if a fee‑bearing activity is carried out in relation to certain kinds of goods by a Commonwealth authorised officer outside ordinary hours of duty or during a period for which overtime is payable (see sections 2‑7 to 2‑9).

Section 2-5A – Fees in relation to applications for livestock export licences

Section 2-5A of the Principal Rules is made for the purposes of subsection 399(1) of the Act and provides for fees that may be charged in relation to applications for livestock export licences. The fees are listed in the table in section 2-5A, where column 1 describes the fee‑bearing activity and column 2 describes the corresponding fees that apply to that activity.

Item 43 – Section 2-5A (cell at table item 1, column 2)

Table item 1 of Section 2-5A of the Principal Rules prescribes fees for consideration of an application under section 190 of the Act for a livestock export licence.

The fees prescribed in table item 1, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in item 1, column 2 also prescribe, for each financial year, different fees depending upon whether the application is considered by an authorised officer who is a veterinarian or the application is considered by an authorised officer who is not a veterinarian.

This item repeals the cell at table item 1, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application under section 190 of the Act for a livestock export licence.

Item 44 – Section 2-5A (cell at table item 2, column 2)

Table item 2 of Section 2-5A of the Principal Rules prescribes fees for consideration of an application under section 195 of the Act to renew a livestock export licence.

The fees prescribed in table item 2, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in item 2, column 2 also prescribe, for each financial year, different fees depending upon whether the application is considered by an authorised officer who is a veterinarian or the application is considered by an authorised officer who is not a veterinarian.

This item repeals the cell at table item 2, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application under section 195 of the Act to renew a livestock export licence.

Item 45 – Section 2-5A (cell at table item 3, column 2)

Table item 3 of Section 2-5A of the Principal Rules prescribes fees for consideration of an application under subsection 199(1) of the Act to make a variation in relation to a livestock export licence.

The fees prescribed in table item 3, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in item 3, column 2 also prescribe, for each financial year, different fees depending upon whether the application is considered by an authorised officer who is a veterinarian or the application is considered by an authorised officer who is not a veterinarian.

This item repeals the cell at table item 3, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application under section 199(1) of the Act to make a variation in relation to a livestock export licence.

Section 2-6 – Fees in relation to applications for exemption

Section 2-6 of the Principal Rules is made for the purposes of subsection 399(1) of the Act and provides for fees that may be charged in relation to an application made under section 53 of the Act for an exemption from one or more provisions of the Act in relation to relevant goods. The fees are listed in the table in section 2-6, where column 1 describes the fee‑bearing activity and column 2 describes the corresponding fee that applies to that activity.

Item 46 – Section 2-6 (cell at table item 1, column 2)

Table item 1 of Section 2-6 of the Principal Rules prescribes time-based fees for consideration of an application (other than an application mentioned in item 1A) for an exemption in relation to:

prescribed livestock for export; or
prescribed live animals for export; or
prescribed animal reproductive material for export.

The fees prescribed in table item 1, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 1, column 2 also prescribe, for each financial year, different quarter hourly fees depending upon whether the application is considered by an authorised officer who is a veterinarian or the application is considered by an authorised officer who is not a veterinarian.

This item also simplifies the description of the fee in column 2 by replacing the current references in column 2 to a “person” with “authorised officer” and replacing the current references to “if the application is considered by an authorised officer who is…” with “if the authorised officer is…”.

These amended amounts are set at a level designed to recover no more than the overall cost of considering an application (other than an application mentioned in table item 1A) for an exemption in relation to prescribed livestock for export, prescribed live animals for export or prescribed animal reproductive material for export.

Item 47 – Section 2-6 (cell at table item 1A, column 2)

Table item 1A of Section 2-6 of the Principal Rules prescribes time-based fees for consideration of an application in relation to goods that are to be exported for a purpose or in a circumstance mentioned in paragraph 52(1)(b), (c) or (d) of the Act, for an exemption from the condition prescribed by the Animals Rules that prescribed livestock for export by the exporter must be prepared in accordance with an approved arrangement. Paragraphs 52(1)(b), (c) and (d) of the Act refer to a kind of prescribed goods that are to be exported for experimental purposes, in exceptional circumstances or in special commercial circumstances. Part 2 of Chapter 2 of the Act, which relates to exemptions from provisions of the Act, applies to such prescribed goods.

The fees prescribed in table item 1A, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in table item 1A, column 2 also prescribe, for each financial year, different quarter hourly fees depending upon whether the application is considered by an authorised officer who is a veterinarian or the application is considered by an authorised officer who is not a veterinarian.

This item repeals the cell at table item 1A, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule).

These amended amounts are set at a level designed to recover no more than the overall cost of considering an application in relation to goods that are to be exported for a purpose or in a circumstance mentioned in paragraph 52(1)(b), (c) or (d) of the Act, for an exemption from the condition prescribed by the Animals Rules that prescribed livestock for export by the exporter must be prepared in accordance with an approved arrangement.

Item 48 – Section 2-6 (cell at table item 2, column 2)

Table item 2 of Section 2-6 of the Principal Rules prescribes time-based fees for consideration of an application for an exemption in relation to prescribed plants or prescribed plant products.

This item repeals the cell at table item 2, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for an exemption in relation to prescribed plants or prescribed plant products.

Item 49 – Section 2-6 (cell at table item 3, column 2)

Table item 3 of Section 2-6 of the Principal Rules prescribes time-based fees for consideration of an application for an exemption in relation to prescribed meat or prescribed meat products.

This item repeals the cell at table item 3, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for an exemption in relation to prescribed meat or prescribed meat products.

Item 50 – Section 2-6 (cell at table item 4, column 2)

Table item 4 of Section 2-6 of the Principal Rules prescribes time-based fees for consideration of an application for an exemption in relation to prescribed milk or prescribed milk products.

The fees prescribed in table item 4, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 4, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for an exemption in relation to prescribed milk or prescribed milk products.

Item 51 – Section 2-6 (cell at table item 5, column 2)

Table item 5 of Section 2-6 of the Principal Rules prescribes time-based fees for consideration of an application for an exemption in relation to prescribed fish or prescribed fish products.

The fees prescribed in table item 5, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year.

This item repeals the cell at table item 5, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for an exemption in relation to prescribed fish or prescribed fish products.

Item 52 – Section 2-6 (cell at table item 6, column 2)

Table item 6 of Section 2-6 of the Principal Rules prescribes time-based fees for consideration of an application for an exemption in relation to prescribed eggs or prescribed egg products.

This item repeals the cell at table item 6, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application for an exemption in relation to prescribed eggs or prescribed egg products.

Section 2-7 - Fees in relation to fee‑bearing activities carried out in relation to prescribed livestock, etc. by Commonwealth authorised officer outside ordinary hours of duty

Section 2-7 prescribes the fees that may be charged, for the purposes of subsection 399(1) of the Act, in relation to fee-bearing activities, as provided for in section 2-2 (fees in relation to audits), section 2-3 (fees in relation to assessments and inspections), section 2-5 (fees in relation to applications for export documents) and section 2-6 (fees in relation to applications for exemption) of the Principal Rules, carried out by a Commonwealth authorised officer in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material, outside ordinary hours of duty.

The note to subsection 2-7(1) indicates that ordinary hours of duty is defined in section 1-6 of the Principal Rules. It is defined to mean the period that begins at 6.30am and ends at 6.30pm on a weekday.

Item 53 – Subsection 2-7(2) (cell at table item 1, column 2)

Table item 1 of subsection 2-7(2) of the Principal Rules prescribes time-based fees for an activity carried out by a Commonwealth authorised officer who is not a veterinarian on a weekday outside ordinary hours of duty.

The fees prescribed in table item 1, column 2, currently provide:

a quarter hourly fee of $15 for each activity carried out immediately before or immediately after a fee-bearing carried out by the authorised officer during ordinary hours of duty;
in any other case:
1. a fixed amount of $30 for any period up to 30 minutes; and
2. a quarter hourly fee of $15 for each quarter hour after the first 30 minutes.

a new quarter hourly fee that applies if an activity is carried out immediately before or immediately after a fee‑bearing activity carried out by the authorised officer during ordinary hours of duty;
if the activity is carried out for any period up to 30 minutes in any other case, a fixed amount that is equivalent to twice the amount of the quarter hourly fee; and
for any period after the first 30 minutes in any other case, the quarter hourly fee.

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer who is not a veterinarian undertaking one of the fee‑bearing activities provided for in sections 2-2, 2-3, 2-5 and 2-6 that is carried out in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material on a weekday outside ordinary hours of duty.

Item 54 – Subsection 2-7(2) (cell at table item 2, column 2)

Table item 2 of subsection 2-7(2) of the Principal Rules prescribes time-based fees for an activity carried out by a Commonwealth authorised officer who is not a veterinarian on a Saturday, Sunday or a departmental holiday.

The fees prescribed in table item 2, column 2, currently provide:

a fixed amount of $40 for any period up to 30 minutes; and
a quarter hourly fee of $20 for each quarter hour after the first 30 minutes.

a fixed fee for any period up to 30 minutes and;
a new quarter hourly fee that is equivalent to half the amount of the fee for the first 30 minutes, that applies after the first 30 minutes.

Item 55 – Subsection 2-7(2) (cell at table item 3, column 2)

Table item 3 of subsection 2-7(2) of the Principal Rules prescribes time-based fees for an activity carried out by a Commonwealth authorised officer who is a veterinarian on a weekday outside ordinary hours of duty.

The fees prescribed in table item 3, column 2, currently provide:

a quarter hourly fee of $21 for each activity carried out immediately before or immediately after a fee-bearing carried out by the authorised officer during ordinary hours of duty;
in any other case:
1. a fixed amount of $42 for any period up to 30 minutes; and
2. a quarter hourly fee of $21 for each quarter hour after the first 30 minutes.

a new quarter hourly fee that applies if an activity is carried out immediately before or immediately after a fee‑bearing activity carried out by the authorised officer during ordinary hours of duty; and
if the activity is carried out for any period up to 30 minutes in any other case, a fixed amount that is equivalent to twice the amount of the quarter hourly for the first 30 minutes; and
for any period after the first 30 minutes in any other case, the quarter hourly fee.

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer who is a veterinarian undertaking one of the fee‑bearing activities provided for in sections 2-2, 2-3, 2-5 and 2-6 that is carried out in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material on a weekday outside ordinary hours of duty.

Item 56 – Subsection 2-7(2) (cell at table item 4, column 2)

Table item 4 of subsection 2-7(2) of the Principal Rules prescribes time-based fees for an activity carried out by a Commonwealth authorised officer who is a veterinarian on a Saturday, Sunday or a departmental holiday.

The fees prescribed in table item 4, column 2, currently provide:

a fixed amount of $58 for any period up to 30 minutes; and
a quarter hourly fee of $29 for each quarter hour after the first 30 minutes.

a fixed fee for any period up to 30 minutes and;
a new quarter hourly fee that is equivalent to half the amount of the fee for the first 30 minutes, that applies after the first 30 minutes.

Item 57 – At the end of section 2-7

This item adds a new subsection (3) and note at the end of section 2-7 of the Principal Rules. New subsection 2-7(3) provides that for the purposes of working out the amount of a fee for a financial year starting on 1 July 2030 or a later financial year under subparagraph (e)(ii) of column 2 of items 1 to 4 in the table in subsection 2-7(2), the fee is to be worked out to 2 decimal places (rounding up if the third decimal place is 5 or more).

The new note at the end of subsection 2-7(3) clarifies that for rounding of a fee under column 2 of an item in the table in subsection 2-7(2) that is expressed as the amount worked out under section 2-15, see subsection 2-15(2). New subsection 2-15(2) specifies that an amount worked out under subsection 2-15(1) is to be rounded to the nearest cent (rounding 0.005 cents upwards) (see item [84] below).

This new subsection is designed to ensure that the Department recovers no more than the Commonwealth’s likely costs in relation to each of the prices in section 2-7 once indexation applies to amounts after the final stepped price increase occurs in the financial year starting 1 July 2029.

Section 2-9 - Fees in relation to fee‑bearing activities carried out in relation to prescribed meat or prescribed meat products by Commonwealth authorised officer during period for which overtime is payable

Section 2-9 prescribes fees that may be charged, for the purposes of subsection 399(1) of the Act, in relation to fee-bearing activities, specified in section 2-2 (fees in relation to audits), section 2-3 (fees in relation to assessments and inspections), section 2-5 (fees in relation to applications for export documents) and section 2-6 (fees in relation to applications for exemption) of the Principal Rules, carried out by a Commonwealth authorised officer in relation to prescribed meat or prescribed meat products during a period for which overtime is payable.

The type of fee-bearing activity is listed in column 1 of the table in subsection 2-9(2) and the fees that may be charged in relation to the activity are the amounts listed in column 2 of the table.

Item 58 – Subsection 2-9(2) (table item 1, column 1)

Table item 1 of subsection 2-9(2) of the Principal Rules prescribes overtime fees for an activity carried out by a Commonwealth authorised officer who is not a veterinarian during a period of 4 or more hours.

This item omits “4 or more” and substitutes “3 or more” to reflect that the minimum hours for overtime has changed from 4 hours to 3 hours.

Item 59 – Subsection 2-9(2) (cell at table item 1, column 2)

Table item 1, column 2 of subsection 2-9(2) of the Principal Rules currently prescribes overtime fees for an activity carried out by a Commonwealth authorised officer who is not a veterinarian during a period of 4 or more hours (amended to 3 or more hours in item [58] of this Schedule).

The fees prescribed in table item 1, column 2, currently provide:

a quarter hourly fee of $10.43 if the overtime rate is single time;
a quarter hourly fee of $15.64 if the overtime rate is time and a half;
a quarter hourly fee of $20.86 if the overtime rate is double time; and
a quarter hourly fee of $26.07 if the overtime rate is double time and a half.

This item repeals the cell at table item 1, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is either an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule) for single time rates, or a formula that multiplies the single time rate that applies for each relevant financial year by a certain amount.

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer who is not a veterinarian undertaking a fee-bearing activity specified in sections 2-2, 2-3, 2-5 and 2-6 of the Principal Rules in relation to prescribed meat or prescribed meat products during a period of 3 or more hours to which overtime is payable (see item [58] of this Schedule).

Item 60 – Subsection 2-9(2) (cell at table item 2, column 1)

Table item 2 of subsection 2-9(2) of the Principal Rules currently prescribes overtime fees for an activity carried out by a Commonwealth authorised officer who is not a veterinarian during a period of less than 4 hours.

This item omits “4 or more” and substitutes “3 or more” to reflect that the minimum hours for overtime has changed from 4 hours to 3 hours.

Item 61 – Subsection 2-9(2) (cell at table item 2, column 2)

Table item 2, column 2 of subsection 2-9(2) of the Principal Rules currently prescribes overtime fees for an activity carried out by a Commonwealth authorised officer who is not a veterinarian during a period of less than 4 hours (amended to less than 3 hours in item [60] of this Schedule).

The fees prescribed in table item 2, column 2, currently provide:

a fee of $166.88 if the overtime rate is single time;
a fee of $250.24 if the overtime rate is time and a half;
a fee of $333.76 if the overtime rate is double time; and
a fee of $417.12 if the overtime rate is double time and a half.

This item repeals the cell at table item 2, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is, if the overtime rate is single time, an amount that is 12 times the single time rate specified in the new subparagraph (e)(i) of column 2 of table item 1 (being the indexed single rate fee) and for overtime rates other than single time is a specified multiple of the single time rate.

Item 62 – Subsection 2‑9(2) (cell at table item 3, column 2)

Table item 3, column 2 of subsection 2-9(2) of the Principal Rules currently prescribes overtime fees for an activity carried out by a Commonwealth authorised officer who is a veterinarian during a period of 3 or more hours.

The fees prescribed in item 3 column 2, currently provide:

a quarter hourly fee of $24.26 if the overtime rate is time and a half;
a quarter hourly fee of $32.34 if the overtime rate is double time; and
a quarter hourly fee of $40.43 if the overtime rate is double time and a half.

This item repeals the cell at table item 3, column 2 and substitutes in the same format with the addition of an overtime rate of single time, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is either an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule) for single time rates, or a formula that multiplies the single time with a percentage of the single time rate that applies for each relevant financial year by a certain amount.

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer who is a veterinarian undertaking a fee-bearing activity specified in sections 2-2, 2-3, 2-5 and 2-6 of the Principal Rules in relation to prescribed meat or prescribed meat products during a period of 3 or more hours to which overtime is payable.

Item 63 – Subsection 2‑9(2) (cell at table item 4, column 2)

Table item 4, column 2 of subsection 2-9(2) of the Principal Rules currently prescribes overtime fees for an activity carried out by a Commonwealth authorised officer who is a veterinarian during a period of less than 3 hours.

The fees prescribed in item 4 column 2, currently provide:

a fee of $291.12 if the overtime rate is time and a half;
a fee of $388.08 if the overtime rate is double time; and
a fee of $485.16 if the overtime rate is double time and a half.

This item repeals the cell at table item 4, column 2 and substitutes in the same format with the addition of an overtime rate of single time, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is, if the overtime rate is single time, an amount that is 12 times the single time rate specified in the new subparagraph (e)(i) of column 2 of table item 3 (being the indexed single rate fee) and for overtime rates other than single time is a specified multiple of the single time rate.

Item 64 – At the end of section 2-9

This item adds a new subsection (3) and note at the end of section 2-9 of the Principal Rules.

New subsection 2-9(3) provides that for the purposes of working out the amount of a fee under subparagraphs (e)(i) to (iv) of column 2 of an item in the table in subsection 2-9(2) (other than a fee that is expressed as the amount worked out under section 2-15 (indexation of fees)), the fee is to be worked out to 2 decimal places (rounding up if the third decimal place is 5 or more).

This item also adds a new note at the end of subsection 2-9(3) that clarifies that for rounding of a fee under column 2 of an item in the table in subsection 2-9(2) that is expressed as an amount worked out under section 2-15, see subsection 2-15(2). New subsection 2-15(2) specifies that an amount worked out under subsection 2-15(1) is to be rounded to the nearest cent (rounding 0.005 cents upwards) (see item [84] below).

This new subsection is designed to ensure that the Department recovers no more than the Commonwealth’s likely costs in relation to each of the prices in section 2-9 once indexation applies to amounts after the final stepped price increase occurs in the financial year starting 1 July 2029.

Section 2-10 - Fees in relation to other fee‑bearing activities carried out outside ordinary hours of duty

Section 2-10 of the Principal Rules prescribes fees that may be charged, for the purposes of subsection 399(1) of the Act, in relation to fee-bearing activities specified in section 2-2 (fees in relation to audits), section 2-3 (fees in relation to assessments and inspections) or section 2-6 (fees in relation to applications for exemption) of the Principal Rules, carried out in relation to certain goods (other than prescribed livestock, prescribed live animals, prescribed animal reproductive material, prescribed meat or prescribed meat products), and those specified in section 2-4A (fees in relation to applications for veterinarian accreditation) and section 2-5A (fees in relation to applications for livestock export licences), during a period outside ordinary hours of duty.

The note to subsection 2-10(1) indicates that ordinary hours of duty is defined in section 1-6 of the Principal Rules.

Item 65 – Subsection 2-10(2) (cell at table item 1, column 2)

Table item 1 of subsection 2-10(2) of the Principal Rules prescribes fees for an activity carried out on a weekday outside of ordinary hours of duty.

The fees currently prescribed in table item 1, column 2 of the Principal Rules provide:

a quarter hourly fee of $15 for each activity carried out immediately before or immediately after a fee-bearing carried out by the authorised officer during ordinary hours of duty;
in any other case:
1. a fixed amount of $30 for any period up to 30 minutes; and
2. a quarter hourly fee of $15 for each quarter hour after the first 30 minutes.

This item repeals the cell at table item 1, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule) or as a factor of an already indexed amount. The new fees prescribe:

a new quarter hourly fee that applies if an activity is carried out immediately before or immediately after a fee‑bearing activity carried out by the authorised officer during ordinary hours of duty; and
if the activity is carried out for any period up to 30 minutes in any other case, a fixed amount that is equivalent to twice the amount of the quarter hourly fee; and
for any period after the first 30 minutes in any other case, the quarter hourly fee.

These amended amounts are set at a level designed to recover no more than the overall cost of undertaking a fee-bearing activity specified in sections 2-2, 2-3 or 2-6 of the Principal Rules carried out in relation to certain goods (other than prescribed livestock, prescribed live animals, prescribed animal reproductive material, prescribed meat or prescribed meat products), and those specified in sections 2-4A and 2-5A, during a period on a weekday outside ordinary hours of duty.

Item 66 – Subsection 2‑10(2) (cell at table item 2, column 2)

Table item 2 of subsection 2-10(2) of the Principal Rules prescribes fees for an activity carried out on a Saturday, Sunday or departmental holiday.

The fees prescribed in table item 2, column 2, currently provide:

a fixed amount of $40 for any period up to 30 minutes; and
a quarter hourly fee of $20 for each quarter hour after the first 30 minutes.

This item repeals the cell at table item 2, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule) or as a factor of an already indexed amount. The new fees prescribe:

a fixed fee for any period up to 30 minutes; and
a new quarter hourly fee for after the first 30 minutes that is half the amount of the fee for the first 30 minutes.

Item 67 – At the end of section 2-10

This item adds a new subsection (3) and note at the end of section 2-10 of the Principal Rules. New subsection 2-10(3) provides that for the purposes of working out the amount of a fee under subparagraph (e)(ii) of column 2 of an item in the table in subsection (2), the fee is to be worked out to 2 decimal places (rounding up if the third decimal place is 5 or more).

The new note at the end of subsection 2-10(3) clarifies that for rounding of a fee under column 2 of an item in the table in subsection (2) that is expressed as the amount worked out under section 2-15, see subsection 2-15(2). New subsection 2-15(2) specifies that an amount worked out under subsection 2-15(1) is to be rounded to the nearest cent (rounding 0.005 cents upwards) (see item [84] below).

This new subsection is designed to ensure that the Department recovers no more than the Commonwealth’s likely costs in relation to each of the prices in section 2-10 once indexation applies to amounts after the final stepped price increase occurs in the financial year starting 1 July 2029.

Section 2-11 – Fees in relation to activities carried out in dealing with applications to accredit a property, register an establishment or approve a proposed arrangement or an ESCAS etc.

Section 2-11 prescribes, for the purposes of subsection 399(1) of the Act, the fees that may be charged in relation to activities carried out under the Act by a Commonwealth authorised officer in relation to applications to accredit a property, register an establishment or approved a proposed arrangement or an exporter supply chain assurance system (ESCAS).

The type of activity is listed in column 1 of the table in subsection 2-11(1) and the fees that may be charged in relation to the activity is the amount listed in column 2 of the table.

Item 68 – Subsection 2‑11(1) (cell at table item 1, column 2)

Table item 1 of subsection 2-11(1) of the Principal Rules prescribes fees for consideration by a Commonwealth authorised officer of:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to:
1. prescribed livestock for export; or
2. prescribed live animals for export; or
3. prescribed animal reproductive material for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to:
1. prescribed livestock for export; or
2. prescribed live animals for export; or
3. prescribed animal reproductive material for export.

The fees prescribed in table item 1, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in column 2 also currently provide for each financial year a quarter hourly fee rate for activities required by the Secretary to be carried out by a veterinarian and in any other case an alternative quarter hourly fee rate for any other activities carried out by an authorised officer in relation to the relevant fee-bearing activity.

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed livestock for export, prescribed live animals for export, or prescribed animal reproductive material for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed livestock for export, prescribed live animals for export, or prescribed animal reproductive material for export.

Item 69 – Subsection 2‑11(1) (cell at table item 1B, column 2)

Table item 1B of subsection 2-11(1) of the Principal Rules prescribes fees for consideration by a Commonwealth authorised officer of an application under Division 1 of Part 9 of Chapter 6 of the Animals Rules for approval of an ESCAS.

The fees prescribed in table item 1B, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in column 2 also currently provide for each financial year a quarter hourly fee rate for activities required by the Secretary to be carried out by a veterinarian and in any other case an alternative quarter hourly fee rate for any other activities carried out by an authorised officer in relation to the relevant fee-bearing activity.

This item repeals the cell at table item 1B, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer (whether a veterinarian or otherwise) considering an application under Division 1 of Part 9 of Chapter 6 of the Animals Rules for approval of an ESCAS.

Item 70 – Subsection 2‑11(1) (cell at table item 1C, column 2)

Table item 1C of subsection 2-11(1) of the Principal Rules prescribes fees for consideration by a Commonwealth authorised officer of an application under Division 2 of Part 9 of Chapter 6 of the Animals Rules for approval of a variation of an ESCAS.

The fees prescribed in table item 1C, column 2 currently provide different fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in column 2 also currently provide for each financial year a quarter hourly fee rate for activities required by the Secretary to be carried out by a veterinarian and in any other case an alternative quarter hourly fee rate for any other activities carried out by an authorised officer in relation to the relevant fee-bearing activity.

This item repeals the cell at table item 1C, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer (whether a veterinarian or otherwise) considering an application under Division 2 of Part 9 of Chapter 6 of the Animals Rules for approval of a variation of an ESCAS.

Item 71 – Subsection 2‑11(1) (cell at table item 2, column 2)

Table item 2 of subsection 2-11(1) of the Principal Rules prescribes fees for consideration by a Commonwealth authorised officer of:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 3 of the Act relating to the accreditation of a property for export operations in relation to prescribed plants or prescribed plant products for export; or
an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed plants or prescribed plant products for export.

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 3 of the Act relating to the accreditation of a property for export operations in relation to prescribed plants or prescribed plant products for export; or
an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed plants or prescribed plant products for export.

Item 72 – Subsection 2‑11(1) (cell at table item 3, column 2)

Table item 3 of subsection 2-11(1) of the Principal Rules prescribes fees for consideration by a Commonwealth authorised officer of:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed meat or prescribed meat products for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed meat or prescribed meat products for export.

The fees prescribed in table item 3, column 2 currently provide different quarter hourly fees based upon the financial year that the fee-bearing activity occurred, from the financial year starting 1 July 2021 and increasing incrementally for a further three financial years until the financial year starting 1 July 2024, with the value of those fees applying in each later financial year. The fees prescribed in column 2 also currently provide for each financial year a quarter hourly fee rate for activities required by the Secretary to be carried out by a veterinarian and in any other case an alternative quarter hourly fee rate for any other activities carried out by an authorised officer in relation to the relevant fee-bearing activity.

This item repeals the cell at table item 3, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed meat or prescribed meat products for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed meat or prescribed meat products for export.

Item 73 – Subsection 2‑11(1) (cell at table item 4, column 2)

Table item 4 of subsection 2-11(1) of the Principal Rules prescribes fees for consideration by a Commonwealth authorised officer of:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed milk or prescribed milk products for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed milk or prescribed milk products for export.

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed milk or prescribed milk products for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed milk or prescribed milk products for export.

Item 74 – Subsection 2‑11(1) (cell at table item 5, column 2)

Table item 5 of subsection 2-11(1) of the Principal Rules prescribes fees for consideration by a Commonwealth authorised officer of:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed fish or prescribed fish products for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed fish or prescribed fish products for export.

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed fish or prescribed fish products for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed fish or prescribed fish products for export.

Item 75 – Subsection 2‑11(1) (cell at table item 6, column 2)

Table item 6 of subsection 2-11(1) of the Principal Rules prescribes fees for consideration by a Commonwealth authorised officer of:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed eggs or prescribed egg products for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed eggs or prescribed egg products for export.

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed eggs or prescribed egg products for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed eggs or prescribed egg products for export.

Item 76 – Subsection 2‑11(1) (cell at table item 7, column 2)

Table item 7 of subsection 2-11(1) of the Principal Rules prescribes fees for consideration by a Commonwealth authorised officer of:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed organic goods for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed organic goods for export.

This item repeals the cell at table item 7, column 2 and substitutes in the same format, new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule).

These amended amounts are set at a level designed to recover no more than the overall cost of a Commonwealth authorised officer considering:

an application under Part 2 or 3, or Division 1 of Part 4, of Chapter 4 of the Act relating to the registration of an establishment for export operations in relation to prescribed organic goods for export; or
an application under Part 2 or 3, or Subdivision B of Division 1 of Part 4, of Chapter 5 of the Act relating to the approval of a proposed arrangement, or an approved arrangement, for export operations in relation to prescribed organic goods for export.

Section 2-13 – Fees in relation to third party authorised officers—prescribed plants or prescribed plant products

Section 2-13 of the Principal Rules currently prescribes fees that may be charged for fee‑bearing activities in relation to third party authorised officers (prescribed plant or prescribed plant products). The type of fee-bearing activity is listed in column 1 of the table in section 2‑13 and the fees that may be charged in relation to the activity is the amount listed in column 2 of the table.

Item 77 – Section 2-13 (cell at table item 1, column 1)

Table item 1, column 1 of section 2-13 of the Principal Rules currently describes the activities for which the fees prescribed in table item 1, column 2 apply as the consideration of an application by a person:

under subsection 291(3) of the Act to be a third party authorised officer for the purpose of performing functions and exercising powers in relation to prescribed plants or prescribed plant products; or
under paragraph 298A(1)(a) of the Act by a third party authorised officer to vary the functions that the person may perform, or the powers that the person may exercise, in relation to prescribed plants or prescribed plant products.

This item repeals the cell at table item 1, column 1 and substitutes a new cell that removes what is currently referred to in paragraph (b) of that cell, being consideration of an application by a person under paragraph 298A(1)(a) of the Act by a third party authorised officer to vary the functions that the person may perform, or the powers that the person may exercise, in relation to prescribed plants or prescribed plant products. This fee-bearing activity currently set out in paragraph (b) of table item 1, column 1 was moved to new table item 5 (see item [83] of this Schedule). The substituted text describes the activity to which table item 1 applies as being consideration of an application made under subsection 291(3) of the Act to be a third party authorised officer for the purpose of performing functions and exercising powers in relation to prescribed plants or prescribed plant products.

Item 78 – Section 2-13 (cell at table item 1, column 2)

Table item 1, column 2 of section 2-13 of the Principal Rules currently prescribes fees that apply to the activities specified in table item 1, column 1.

This item repeals the cell at table item 1, column 2 and substitutes new fees for each application made during the financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of considering an application under subsection 291(3) of the Act to be a third party authorised officer for the purpose of performing functions and exercising powers in relation to prescribed plants or prescribed plant products.

This amendment ensures that the fees remain fit-for-purpose, noting that if an application is made in one financial year but consideration of the application is concluded in the next financial year, the fee charged for that fee-bearing activity will remain at the fee that applied at the time the application was made.

Item 79 – Section 2-13 (table item 2, column 1)

Table item 2, column 1 of section 2-13 of the Principal Rules currently describes the activities for which the fees prescribed in table item 2, column 2 apply as the training and initial assessment of competence, of a person who has made an application in paragraph (a) of column 1 of item 1 to be a third party authorised officer.

This item omits from the current description of the activity to which table item 2 applies the phrase “and initial assessment of competence, of a person who has made an application specified in paragraph (a) of” and substitutes the following phrase “and assessment of competence of a person who has made an application specified in”. This is a consequential amendment that is necessary as item [77] of Schedule 1 to the Amendment Rules repeals the current item 1, column 1 of section 2-13 of the Principal Rules, removing the description in the current paragraph (b) of column 1 of item 1 of section 2-13 of the Principal Rules, and substitutes a new description which does not contain paragraph numbers.

This amendment also removes the reference to “initial” in the current description in table item 2, column 1 to allow this fee to be used where an assessment of competence is required other than the initial assessment (previously recovered under item 3 of section 2‑13 of the Principal Rules, as repealed by item [81] of this schedule).

Item 80 – Section 2-13 (cell at table item 2, column 2)

Table item 2, column 2 of section 2-13 of the Principal Rules currently prescribes fees that apply to the activity specified in table item 2, column 1.

This item repeals the cell at table item 2, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). In addition, for each financial year the Amendment Rules replace what is currently a single fee for training and assessment activities with separate fees for each of the following:

eLearning (fixed fee per person);
training (fixed fee for each function covered by the application); and
assessment (fixed fee for each function covered by the application).

These amended amounts allow the relevant fees that apply to training and assessment to be more closely aligned to the specific functions that are carried out. These amended amounts are set at a level designed to recover no more than the overall cost of providing the training and assessment fee-bearing activities listed in table item 2.

Item 81 – Section 2-13 (table item 3)

Table item 3 of section 2-13 of the Principal Rules currently prescribes fees that apply for additional training, and assessment of competence, of a person who was found not to be competent after an initial assessment specified in the current table item 2.

This item repeals table item 3 in its entirety. The purpose of repealing table item 3 is that a separate fee for additional training and assessment of competence of a person who has been found not to be competent after an assessment under table item 2 is not necessary as the costs to the Department of providing this additional training and assessment is not materially different to the costs of providing that training and assessment under table item 2. A consequential amendment to table item 2 (see item [79] above) removes the reference to “initial” assessment to allow for any additional training and assessment to be recovered under table item 2.

Item 82 – Section 2-13 (cell at table item 4, column 2)

Table item 4 of section 2-13 of the Principal Rules currently prescribes fees for the making of an instrument under subsection 291(7) of the Act authorising a person to be a third party authorised officer for the purpose of performing functions and exercising powers in relation to prescribed plants or prescribed plant products, or varying such an instrument under subsection 298A(6) of the Act.

This item repeals the cell at table item 4, column 2 and substitutes new fees by financial year, starting 1 July 2026 with prices remaining at 1 July 2024 levels and then increasing in three stepped increases until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). These amended amounts are set at a level designed to recover no more than the overall cost of making of an instrument under subsection 291(7) of the Act authorising a person to be a third party authorised officer for the purpose of performing functions and exercising powers in relation to prescribed plants or prescribed plant products, or varying such an instrument under subsection 298A(6) of the Act.

Item 83 – Section 2-13 (at the end of the table)

This item adds two new table items at the end of the table at section 2-13 of the Principal Rules.

New table item 5 prescribes fees for the following activities set out in column 1:

consideration of an application for a variation made under paragraph 298A(1)(a) of the Act by a person who is a third party authorised officer to add the functions that the person may perform, or the powers that the person may exercise, in relation to prescribed plants or prescribed plant products;
the provision of eLearning required for the performance of the additional functions or exercise of the additional powers applied for.

The fees prescribed by new table item 5 are set out in column 2 in four stepped increases by financial year, starting 1 July 2026 until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). The amount of the fees prescribed by new table item 5 are set at a level designed to recover no more than the overall cost of considering an application for a variation to the functions a third party authorised officer may perform or the powers that a third party authorised officer may exercise in relation to prescribed plants or prescribed plant products, and providing eLearning for the performance of the additional functions or exercise of the additional powers applied for. This fee-bearing activity was previously located in table item 1(b) (see item [77] of this Schedule).

New table item 6 prescribes fees for the training, and assessment of competence of a person who has made an application specified in table item 5.

The fees prescribed by new table item 6 are set out in column 2 in four stepped increases by financial year, starting 1 July 2026 until the financial year starting 1 July 2029. The amount of the fee in the financial year starting on 1 July 2030 and each later financial year, is an amount worked out in accordance with the indexation formula prescribed in section 2-15 (as inserted by item [84] of this Schedule). In addition, for each financial year new table item 6 sets out separate fees for each of the following:

training (fixed fee for each function covered by the application); and
assessment (fixed fee for each function covered by the application).

The amount of the fees prescribed by new table item 6 are set at a level designed to recover no more than the overall costs of providing the training and assessment of competence of a person who has made an application specified in new table item 5.

New Part 2A – Indexation of fees

Item 84 – After Part 2

This item inserts a new Part 2A after Part 2 of the Principal Rules.

This new Part 2A contains a new section 2-15 that provides a mechanism for the indexation of all fees set out in the Principal Rules, commencing from 1 July 2030.

New subsection 2-15(1) provides that, for the purposes of section 399 of the Act, on each indexation day, the amount of an indexable fee becomes the amount worked out using the following formula: the dollar amount of the fee prescribed for the financial year starting on 1 July 2029 multiplied by the indexation factor for the indexation day.

New section 2-15 contains several defined terms which include the following:

indexation day which means 1 July 2030 and each later 1 July;
indexation factor which means the number worked out using the formula in subsection 2-15(3) – that is the index number for the reference quarter divided by the index number for the base quarter;
base quarter which means the December quarter starting on 1 October 2028;
December quarter which means a period of 3 months starting on 1 October;
index number which means for a quarter, the Wage Price Index (WPI) (being the total hourly rates of pay excluding bonuses/all sectors/all Australia/original) number published by the Australian Statistician for that quarter;
reference quarter which means the last December quarter before the indexation day.

New subsection 2-15(2) provides that the amount worked out under subsection 2-15(1) (the indexation formula) should be rounded to the nearest cent (rounding 0.005 cents upwards).

New subsection 2-15(3) provides that the indexation factor for an indexation day is the number worked out using the following formula: the index number for the reference quarter (that is the WPI number for the last December quarter before the indexation day) divided by the index number for the base quarter (that is the WPI number for the December quarter starting on 1 October 2028).

New subsection 2-15(4) provides that the indexation factor (that is the amount calculated using the formula in new subsection 2-15(3)) is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

New subsection 2-15(5) provides that an indexation factor that is less than 1 is to be increased to 1. This has the effect of ensuring that the value of the fees never decreases as a result of the formula set out in new subsection 2-15(1).

Item 85 – Section 3-1

Section 3-1 of the Principal Rules provides that, for the purposes of paragraph 400(a) of the Act, a cost recovery charge is due and payable when a demand for payment of the charge is made.

This item repeals section 3-1 and substitutes a new section 3-1 (including the same note) for the purposes of paragraph 400(a) of the Act that specifies that a cost recovery charge is due and payable:

if the Department issues an invoice in relation to the cost recovery charge that specifies the last day for payment of the cost recovery charge—by close of business on that day; or
in any other case—when a demand for payment of the cost recovery charge is made.

The purpose of this amendment is to provide certainty as to the time at which a cost recovery charge (which includes fees prescribed by the Principal Rules and other charges, as defined in section 12 of the Act) is due and payable. This ensures that any persons who are issued an invoice for a fee by the Department will be able to rely upon the last day specified in the invoice as reflecting the date by which the fee is due and payable.

Item 86 – At the end of Part 5

Part 5 of the Principal Rules contains application, saving and transitional provisions.

This item adds, at the end of Part 5, a new “Division 3—Saving and transitional provisions for the Export Control (Fees and Payments) Amendment (2026 Measures No. 1) Rules 2026”.

New section 5-3 is a saving provision that clarifies that the Principal Rules as in force immediately before 1 July 2026, continue to apply on and after that day in relation to a financial year starting before that day.

New Section 5-4 is a saving and transitional provision in relation to fees for third party authorised officers under section 2-13 of the Principal Rules. New section 5-4 clarifies when, for the purposes of table items 1 and 2 of section 2-13, as in force before 1 July 2026, fees for applications under subsection 291(3) and paragraph 298A(1)(a) of the Act made before 1 July 2026 are based upon the fees prescribed for the financial year starting on 1 July 2025 and when they are based upon the fees prescribed for the financial year starting on 1 July 2026.

New subsection 5-4(1) provides that, for the purposes of item 1 in the table in section 2-13, as amended by item [77] of Schedule 1 to the Amendment Rules, an application made under subsection 291(3) of the Act that is made, but not considered, in the financial year starting on 1 July 2025, is taken, on and after 1 July 2026, to be an application made in the financial year starting on 1 July 2026.

New subsection 5-4(2) provides that, for the purposes of item 2 in the table in subsection 2‑13, as amended by items [79] and [80] of Schedule 1 to the Amendment Rules, an application made under subsection 291(3) of the Act in the financial year starting on 1 July 2025, in relation to which training and initial assessment of competence was not carried out during that financial year, is taken, on and after 1 July 2026, to be an application made in the financial year starting on 1 July 2026.

New subsection 5-4(3) provides that that item 1 in the table in section 2-13, as in force immediately before 1 July 2026, continues to apply on and after that day in relation to an application made under paragraph 298A(1)(a) of the Act in the financial year starting on 1 July 2025.

ATTACHMENT B

STATEMENT OF COMPATABILITY WITH HUMAN RIGHTS

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

Export Control (Fees and Payments) Amendment (2026 Measures No. 1) Rules 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 purpose of the Export Control (Fees and Payments) Amendment (2026 Measures No. 1) Rules 2026 (the Amendment Rules) is to amend the Export Control (Fees and Payments) Rules 2021 (the Principal Rules) to prescribe updated fees in relation to fee-bearing activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Export Control Act 2020 (the Act).

The Amendment Rules amend the Principal Rules to introduce phased increases to prescribed fees over three financial years from 1 July 2027 moving toward full cost recovery for export regulatory services by 1 July 2029. After the last of the phased increases, the Amendment Rules introduce annual indexation of export fees from 1 July 2030. The prices for the 2026‑27 financial year would be the same as those prescribed since 1 July 2024.

As part of ongoing governance of the export cost recovery arrangements, some changes to the structure of the fees have also been made, including repealing one fee, amending the method of calculating other fees and clarifying when fees are due and payable. These prescribed fees are based on the Department of Agriculture, Fisheries and Forestry’s (the Department) modelling of the costs to the Department in relation to activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Act.

The Amendment Rules also amend the Principal Rules by:

repealing the fee used to charge for the costs of independent observers relating to the export of livestock by sea;

amending and simplifying the calculation of fees for meat inspection services;

amending fees for the consideration of applications for tariff rate quota certificates to be more commodity specific;

amending the manner in which fees for applications, training and assessment of third‑party authorised officers related to prescribed plants or prescribed plant products are calculated; and

amending when a cost recovery charge is due and payable.

The Amendment Rules are made under the Act. The Act does not set the amounts of the fees and only authorises the imposition of fees prescribed in rules.

The Department administers the Act that is the primary means by which the Australian Government regulates goods exported from Australia. The Act and other supporting legislation provide the basis for ensuring exports of meat, seafood, dairy, plants, live animals and other kinds of goods meet the requirements of importing countries. This supports access to international trading markets for Australian goods and protects Australia’s global trading reputation as a reliable source of safe and high-quality goods.

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.

Victoria Anderson

Secretary of the Department of Agriculture, Fisheries and Forestry

Administered by Department of Agriculture, Fisheries and Forestry

Interactions

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