Quarantine Charges (Collection) Regulation 2014

Administered by Department of Agriculture

Legislation au F2014L00734 Regulations Not in force Legislative Instrument

Legislation content

Quarantine Charges (Collection) Regulation 2014

Select Legislative Instrument No. 68, 2014

made under the

Quarantine Charges (Collection) Act 2014

Compilation No. 1

Compilation date:    1 December 2015

Includes amendments up to: SLI No. 194, 2015

Registered:    11 December 2015

 

About this compilation

This compilation

This is a compilation of the Quarantine Charges (Collection) Regulation 2014 that shows the text of the law as amended and in force on 1 December 2015 (the compilation date).

This compilation was prepared on 10 December 2015.

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 ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw 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.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 of regulation

3 Authority

4 Definitions

Part 2—Paying quarantine charges

5 Time for payment

6 Agent’s liability to pay quarantine charge

Part 3—Unpaid quarantine charges

7 Late payment fee

8 Person liable to pay late payment fee

Part 3—Miscellaneous

9 Notices or directions given to agents etc.

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

Part 1—Preliminary

 

1  Name of regulation

  This regulation is the Quarantine Charges (Collection) Regulation 2014.

3  Authority

  This regulation is made under the Quarantine Charges (Collection) Act 2014.

4  Definitions

  In this regulation:

Act means the Quarantine Charges (Collection) Act 2014.

quarantine charge (customs) means a charge imposed under section 7 of the Quarantine Charges (Imposition—Customs) Act 2014.

quarantine charge (general) means a charge imposed under section 7 of the Quarantine Charges (Imposition—General) Act 2014.

Part 2—Paying quarantine charges

 

5  Time for payment

  For paragraph 10(a) of the Act, a quarantine charge (customs), or a quarantine charge (general), is due and payable when a demand for payment of the charge is made.

6  Agent’s liability to pay quarantine charge

 (1) For paragraph 10(b) of the Act, an agent of a person liable to pay a quarantine charge (customs), or a quarantine charge (general), is jointly and severally liable with that person to pay the charge.

 (2) If:

 (a) an agent of a person liable to pay a quarantine charge (customs), or a quarantine charge (general), pays the charge on behalf of the person; and

 (b) at the time when the payment is made, the agent has not collected an amount equivalent to the charge from the person;

the agent may recover such an amount from the person as a debt due to the agent.

Part 3—Unpaid quarantine charges

 

7  Late payment fee

 (1) For subsection 13(1) of the Act, if a quarantine charge (customs), or a quarantine charge (general), (the relevant charge) is not paid at or before the time the charge is due and payable, a late payment fee, worked out in accordance with subsection (2), is due and payable in addition to the charge.

 (2) The late payment fee is worked out using the following formula:

where:

days overdue is the number of days after the relevant charge is due and payable that elapse before the day on which the charge is paid.

8  Person liable to pay late payment fee

  For subsection 13(3) of the Act, if a quarantine charge (customs), or a quarantine charge (general), is not paid at or before the time the charge is due and payable, the person who is liable to pay the charge, and any agent of that person, are jointly and severally liable to pay a late payment fee in relation to the charge under section 7 of this regulation.

Part 3—Miscellaneous

 

9  Notices or directions given to agents etc.

 (1) For paragraph 45(2)(a) of the Act, if a notice or direction in relation to goods or a vessel is given under the Act to an agent of the owner, or a person in control, of the goods or the vessel, the notice or direction is taken to have been given to the owner, or the person in control, of the goods or the vessel.

 (2) For paragraph 45(2)(a) of the Act, if an agent of the owner, or a person in control, of goods or a vessel is required under the Act to do a thing in relation to the goods or the vessel, the owner, or the person in control, of the goods or the vessel is taken to be required to do the thing.

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

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

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.

Misdescribed amendments

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

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

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

68, 2014

17 June 2014 (F2014L00734)

18 June 2014 (s 2)

 

194, 2015

30 Nov 2015 (F2015L01863)

1 Dec 2015 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LIA s 48D

s 4.....................

am No 194, 2015

Part 2

 

s 5.....................

am No 194, 2015

s 6.....................

am No 194, 2015

Part 3

 

Part 3 heading (first .........
occurring)

ad No 194, 2015

s 7.....................

am No 194, 2015

s 8.....................

rs No 194, 2015

 

 

Overview

The Quarantine Charges (Collection) Regulation 2014 was enacted to provide a regulatory framework for the collection of quarantine charges as stipulated under the Quarantine Charges (Collection) Act 2014. This legislation was introduced by the Australian Parliament to address the need for efficient and effective mechanisms for the collection of quarantine charges, which are vital for protecting the country's biosecurity and preventing the introduction of harmful pests and diseases. The policy objective of these regulations is to ensure that quarantine charges are paid timely and to establish clear processes for the collection and recovery of unpaid charges, including late payment fees. The regulations define key terms, specify the time for payment, outline the liability of agents, and establish the fee structure for late payments, thus ensuring that the biosecurity framework operates smoothly and effectively.

Scope and Application

The Quarantine Charges (Collection) Regulation 2014 applies to the collection of quarantine charges under the Quarantine Charges (Collection) Act 2014. This Act pertains to charges imposed under the Quarantine Charges (Imposition—Customs) Act 2014 and the Quarantine Charges (Imposition—General) Act 2014. The regulation is applicable nationally, governed by the Commonwealth of Australia, and its provisions extend to any entity or person liable to pay quarantine charges, including agents acting on their behalf. The regulation stipulates the time for payment of these charges, which is determined by when a demand for payment is made. Additionally, it outlines the liability of agents in relation to the payment of quarantine charges, specifying that agents are jointly and severally liable with the principal liable party. In the case of unpaid quarantine charges, the regulation imposes a late payment fee, calculated based on the number of days the charge remains unpaid, and identifies the parties liable for this fee. The regulation is subject to modifications and amendments, which are accessible on ComLaw and may not be reflected in this compilation.

Key Provisions

The Quarantine Charges (Collection) Regulation 2014, made under the Quarantine Charges (Collection) Act 2014, sets forth several key provisions that govern the payment of quarantine charges and related fees. The regulation specifies that quarantine charges, whether customs-related or general, are due and payable when a demand for payment is made (section 5). An agent of a person liable to pay such charges is jointly and severally liable with that person to pay the charge, and if the agent pays the charge on behalf of the person, they may recover the amount as a debt from the person (section 6). For charges not paid by their due date, a late payment fee is imposed in addition to the charge (section 7). The fee is calculated based on the number of days the charge remains unpaid, using a specific formula (section 7(2)). The person liable for the charge and any of their agents are jointly and severally liable for this fee (section 8). The obligations imposed by the regulation require that quarantine charges be paid upon demand and that agents of the liable party are also responsible for payment. If an agent pays the charge on behalf of the liable party, they must be able to recover the amount from that party. Furthermore, if the charges are not paid by the due date, the liable party and their agents must pay an additional late payment fee. The regulation also ensures that notices or directions given to an agent of the owner or controller of goods or a vessel are deemed to have been given to the owner or controller themselves, and any requirements placed on the agent are also placed on the owner or controller (section 9). Breaches of these obligations can lead to financial penalties. Specifically, failure to pay the quarantine charges by the due date results in the imposition of a late payment fee. The regulation does not explicitly state the maximum penalty for non-payment of the late fee, but given the context of the regulation, it is likely that failure to pay could lead to further enforcement actions under the parent acts or other relevant legislation. Additionally, the failure to allow an agent to recover the amount paid on behalf of the liable party could lead to civil action for debt recovery.

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Area of Law
Administrative Law
Customs Law
Taxation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.