Imported Food Charges (Imposition—Customs) Regulation 2015

Imported Food Charges (Imposition—Customs) Regulation 2015

Select Legislative Instrument No. 192, 2015

made under the

Imported Food Charges (Imposition—Customs) Act 2015

Compilation No. 3

Compilation date: 1 July 2025

Includes amendments: F2025L00788

About this compilation

This compilation

This is a compilation of the Imported Food Charges (Imposition—Customs) Regulation 2015 that shows the text of the law as amended and in force on 1 July 2025 (the compilation date).

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

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

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

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Simplified outline of this instrument

5 Definitions

Part 2—Charges

6 Charges for imported food matters

6A Indexation of charges

7 Persons liable to pay charges

8 Exemptions from charges

Part 3—Application, saving and transitional provisions

9 Amendments made by the Imported Food Charges (Imposition—Customs) Amendment (2025 Measures No. 1) Regulations 2025

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

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

3  Authority

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

4  Simplified outline of this instrument

5  Definitions

  In this instrument:

Act means the Imported Food Charges (Imposition—Customs) Act 2015.

approved arrangement has the same meaning as in the Biosecurity Act 2015.

Class 19 Arrangement means an approved arrangement that:

 (a) provides for the person covered by the arrangement to assess documents to manage biosecurity risks associated with containerised sea freight; and

 (b) does not require the person to carry out biosecurity activities at a particular place.

compliance agreement has the same meaning as in the Imported Food Control Act 1992.

imported food matter means a matter connected with the administration of the Imported Food Control Act 1992.

relevant arrangement or agreement means:

 (a) an approved arrangement; or

 (b) a compliance agreement.

Part 2—Charges

6  Charges for imported food matters

 (1) For the purposes of subsection 6(1) of the Act, the charge in relation to an imported food matter referred to in column 1 of an item in the following table is the amount set out in column 2 of the item.

Note: A person may be exempt from liability to pay a prescribed charge (see section 8).

 (2) If an amount of a charge (the increased charge) specified in paragraph (a) of item 3 of the table in subsection (1) is increased under section 6A, the increased charge is to be used for the purposes of working out the amount of the charge under paragraph (b) of the item.

6A  Indexation of charges

Indexation of charges

 (1) If the indexation factor for an indexation day is greater than 1, the dollar amounts mentioned in the table in subsection 6(1) are, on that day, each replaced by the amount worked out using the following formula:

 (1A) However, subsection (1) does not apply to the dollar amounts mentioned in items 2, 3 and 4 of the table in subsection 6(1) on the indexation day occurring on 1 July 2025.

 (2) The amount worked out under subsection (1) is to be rounded to the nearest whole dollar (rounding 50 cents upwards).

Indexation factor

 (3) The indexation factor for an indexation day is the number worked out using the following formula:

 (4) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

Changes to CPI index reference period and publication of substituted index numbers

 (5) Amounts are to be worked out under this section:

 (a) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and

 (b) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

Definitions

 (6) In this section:

base quarter means the last December quarter before the reference quarter.

December quarter means a period of 3 months starting on 1 October.

indexation day means 1 July 2024 and each later 1 July.

index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.

reference quarter means the December quarter immediately before the indexation day.

7  Persons liable to pay charges

  For section 8 of the Act, the persons who are liable to pay the charge in relation to an imported food matter prescribed by an item of the table in subsection 6(1) of this instrument are as follows:

 (a) in relation to the imported food matter prescribed by item 1—the person who made the application to which the charge relates;

 (b) in relation to the imported food matter prescribed by any of items 2, 3 and 4—the person who is covered by the relevant arrangement or agreement, or the relevant arrangements or agreements, to which the charge relates.

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

8  Exemptions from charges

 (1) For section 9 of the Act, a person is not liable to pay the charge prescribed by item 1 of the table in subsection 6(1) of this instrument in relation to an application to enter into a compliance agreement if the person:

 (a) is a party to another compliance agreement in force under section 35A of the Imported Food Control Act 1992; or

 (b) is covered by an approved arrangement under the Biosecurity Act 2015.

Administration of relevant arrangements or agreements

 (2) For the purposes of section 9 of the Act, the charge prescribed by item 2 of the table in subsection 6(1) of this instrument for a financial year, or part of a financial year, is not payable by the person who would, but for this subsection, be liable to pay the charge if the person has paid, for that financial year or part, the charge prescribed by:

 (a) item 13 of the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016; or

 (b) item 13 of the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016.

 (3) For the purposes of section 9 of the Act, the charge prescribed by item 4 of the table in subsection 6(1) of this instrument for a financial year, or a part of a financial year, is not payable by the person who would, but for this subsection, be liable to pay the charge if the person has paid, for that financial year or part, the charge prescribed by:

 (a) item 13AB of the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016; or

 (b) item 13AB of the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016.

Part 3—Application, saving and transitional provisions

9  Amendments made by the Imported Food Charges (Imposition—Customs) Amendment (2025 Measures No. 1) Regulations 2025

  The amendments of Part 2 of this instrument made by Schedule 1 to the Imported Food Charges (Imposition—Customs) Amendment (2025 Measures No. 1) Regulations 2025 apply in relation to a financial year beginning on or after 1 July 2025.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

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

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

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

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

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history