EXPLANATORY STATEMENT
Issued by Authority of the Minister for Agriculture
Quarantine Act 1908
Quarantine Service Fees Determination 2005
Quarantine Service Fees Amendment (2014 Measures No.1) Determination 2014
Legislative Authority
Section 86E of the Quarantine Act 1908 (Act) specifies the services for which fees can be imposed, including issuing specified certificates by quarantine officers, giving of permissions and permits, and specified examinations, services or other quarantine measures.
Subsection 86E(1B) of the Act provides that the Minister may, by legislative instrument, make determinations that require specified fees to be paid for, or in relation to, the doing of anything in connection with specified examinations, services or other quarantine measures carried out or provided under the Act.
The Quarantine Service Fees Determination 2005 (Determination) sets out the fees that must be paid for specified services relating to import clearances of specified goods, and management and maintenance of animals at a quarantine station carried out or provided under the Act.
Purpose
The purpose of the Quarantine Service Fees Amendment (2014 Measures No. 1) Determination 2014 (Amendment Determination) is to increase fees to allow the Department of Agriculture (Department) to increase fees to appropriately recover the costs of performing services in relation to import clearances, seaports and animal and egg services. The Amendment Determination will increase fees for:
- assessment and lodgement of applications for import permits and variations of permits for specified standard and non-standard goods;
- holding and performing services in relation to specified live animals and eggs which are held in quarantine;
- use of a house by importers of animals at the Torrens Island Quarantine Station; and
- routine inspection of documentation and verification of vessels other than aircraft at the first seaport of call in Australia.
Impact and Effect
The increased fees will apply to services provided by the Department for lodging applications, conducting assessments, issuing permits, and for other quarantine services in relation to the import and holding of imported material. Such material includes live animals; animal-related products such as canned pet food, eggs and hides or skins; herbarium specimens; cosmetics; cut flowers; soil samples; food items for human consumption; and human vaccines. The amendments will allow the Department to appropriately recover costs for providing these services.
Consultation
The Department undertook a multichannel consultative process with affected users of the Department’s biosecurity services. Where established consultative committees were available, the Department engaged directly with them as the primary consultative means. The primary consultative committees included the following organisations.
Consultative Committee | Representatives | Number of meetings at which fee structures and quantum were discussed |
Import Industry Finance Consultative Committee |
| Four |
Horse Industry Consultative Committee (finance sub-committee) | Major importers of live horses into Australia | One |
Torrens Island Stakeholder Group | Importers of bird eggs for hatching | Two |
Where there was no direct industry organisation or group, information was made available through the Department’s website, regular biosecurity bulletins and targeted emails or teleconferences (such as with those who are high users of affected biosecurity services but have no formal consultative arrangements). Draft Cost Recovery Impact Statements (CRIS) were published on the department’s website for broader consultation. Submissions against the draft CRIS’ were invited between 15 April and 28 April 2014.
Users of import clearance activities were made aware of the reasons for the increase in fees during the consultations. Their feedback was addressed during the consultation process and incorporated into the CRIS’ with no remaining sensitivities.
The Department of Finance was consulted in the preparation of the CRIS’ for the fees.
The Office of Best Practice Regulation (OBPR) has determined that the amendments are minor and machinery in nature and a regulation impact statement is not required (OBPR Reference Number 16981).
The Amendment Determination is 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 is set out in the Attachment.
Details of the Amendment Determination
Section 1 – Name of determination
This section provides that the name of the Amendment Determination is the Quarantine Service Fees Amendment (2014 Measures No. 1) Determination 2014.
Section 2 – Commencement
This section provides that the Amendment Determination commences on 1 July 2014.
Section 3 – Authority
This section provides that the Amendment Determination is made under the Quarantine Act 1908.
Section 4 – Schedule(s)
This section provides that each instrument that is specified in Schedule 1 to the Amendment Determination is amended or repealed as set out in the applicable items in the Schedule, and any other item in Schedule 1 has effect according to its terms.
Schedule 1 – Amendments
Part 1 – General amendments
Item 1 repeals the definitions of ‘AQIS’, ‘AQIS entry management system’ and ‘AQIS holiday’ in subsection 5(1) of the Determination.
The purpose of the amendments is to reflect retirement of the Australian Quarantine and Inspection Service (AQIS) brand.
Item 2 inserts a new definition of ‘Customs’ in subsection 5(1) of the Determination which provides that ‘Customs’ has the meaning given by section 4AA of the Customs Administration Act 1985.
The purpose of this amendment is to align the definition of ‘Customs’ in the Amendment Determination with the definition in the Customs Administration Act 1985.
Item 3 inserts new definitions of ‘Departmental entry management system’ and ‘Departmental holiday’ into subsection 5(1) of the Determination.
The purpose of the new definitions is to reflect retirement of the AQIS brand and that the Department performs the functions set out in the Determination.
Item 4 substitutes the definition for ‘ICS’ in subsection 5(1) of the Determination with a new definition which provides that ICS, short for Integrated Cargo System, means the system of that name which is administered by Customs.
The purpose of the new definition is to align the definition of ICS consistent with the amendments being made by item 2 and to clarify Customs’ role of administering the electronic system.
Item 5 inserts new definitions of ‘kitten’ and ‘pup’ in subsection 5(1) of the Determination. The new definitions make it clear that ‘kitten’ refers to a cat which is less than 12 weeks old, and ‘pup’ refers to a dog which is less than 12 weeks old.
The purpose of the new definitions is to reflect when the fees provided in new table items 36D and 36G, are charged for kittens and pups which are either held in or born while the parent cat or bitch is held in quarantine.
Item 6 inserts the words ‘38C or 38D’ in subsection 7A(1) of the Determination after ‘38B’.
The purpose of this amendment is a consequential change as a result of inserting new table items 38B, 38C and 38D in Division 1 of Part 3A of Schedule 1.
Item 7 substitutes the reference to table item ‘38C’ in paragraph 7B(1)(a) of the Determination with new references to table items 38E and 38F.
The purpose of this amendment is a consequential change as a result of inserting new table items 38E and 38F in Division 2 of Part 3A of Schedule 1.
Item 8 substitutes the reference ‘item 36’ in item 32(b) of Division 5 of Part 1 of Schedule 1 of the Determination with ‘items 36 to 38’.
The purpose of this amendment is a consequential change as a result of inserting new table items 36 to 38 in Part 3 of Schedule 1.
Item 9 substitutes table item 36 in Part 3 of Schedule 1 to the Determination with new table items 36 to 38 which set out basic fees relating to animals and eggs being held in quarantine at a quarantine station, and for performing services in relation to the animals or eggs.
The purpose of the amendments is to replace the fees in previous table items 36(a) to 36(k) with clear and separate fees for each commodity for which the service is provided and, where relevant, to increase fees to reflect increased costs of providing quarantine service for importers. The amendments will also make clear the individual service specific to the commodity.
New table item 36 sets a fee of $25.00 per day for holding a ruminant or camelid animal in quarantine at a quarantine station and performing services in relation to the animal, not including care and maintenance or provision of feed or veterinary supplies (which was set out in previous table item 36(a)). There is no change to this fee.
New table item 36A sets a fee of $262.00 per day (not including care and maintenance or provision of feed or veterinary supplies) for holding an equine animal in quarantine at a quarantine station and performing services in relation to the animal (which was set out in previous table item 36(b)). There is no change to this fee.
New table item 36B sets a fee of $149.00 per day for holding a cat in quarantine at a quarantine station and performing services in relation to the cat. The purpose of this new table item is to increase the fees from $29.00 a day for holding the first cat in a consignment and $23 a day for each additional cat in the consignment if sharing accommodation with the first cat (which was set out in previous table item 36(c)) to a flat fee of $149 per day for each cat to reflect the costs associated with holding cats in quarantine.
New table item 36C sets a fee of $1,500.00 for holding a cat that bears kittens while in quarantine at a quarantine station (which was set out in previous table item 36(d)), in addition to the fee in new table item 36B. There is no change to this fee.
New table item 36D sets a fee of $11.00 per day for holding one or more kittens in a litter of a cat in quarantine at a quarantine station and performing services in relation to the kittens (which was set out in previous table item 36(da)). If the kittens are born in quarantine, the fee is in addition to the fee in new table item 36C. There is no change to this fee.
New table item 36E sets a fee of $149.00 per day for holding a dog in quarantine at a quarantine station and performing services in relation to the dog The purpose of this new table item is to increase the fee from $39.00 a day for holding the first dog in a consignment, and $33.00 a day for each additional dog in the consignment if sharing accommodation with the first dog (which was set out in previous table item 36(e)), to a flat fee of $149 per day for each dog to reflect the costs associated with holding dogs in quarantine.
New table item 36F sets a fee of $1,500.00 for holding a bitch that bears pups while in quarantine at a quarantine station (which was set out in previous table item 36(f)), in addition to the fee in new table item 36E. There is no change to this fee.
New table item 36G sets a fee of $11.00 per day for holding one or more pups in a litter of a bitch in quarantine at a quarantine station and performing services in relation to the pups (which was set out in previous table item 36(fa)). If the pups are born in quarantine, the fee is in addition to the fee in new table item 36F. There is no change to this fee.
New table item 36H sets a fee of $5.00 per day per animal for holding a rabbit or a guinea pig in quarantine at a quarantine station and performing services in relation to the rabbit or guinea pig (which was set out in previous table item 36(g)). There is no change to this fee.
New table item 36J sets fees for holding up to 12 queen bees in a consignment in quarantine at a quarantine station and performing services in relation to the queen bees, if reproductive management and the nucleus colony are provided by the importer (which was set out in previous table item 36(h)). There are no changes to these fees.
New table item 36K sets fees for holding up to 12 queen bees in a consignment in quarantine at a quarantine station and performing services in relation to the queen bees, if reproductive management and the nucleus colony are provided by the Department (which was set out in previous table item 36(i)). There are no changes to these fees.
New table item 36L sets a fee of $531.00 per day for holding a live bird in quarantine at a quarantine station and performing services in relation to the bird. The purpose of this new table item is to increase the fee for holding a live bird from $450.00 a day (which was set out in previous table item 36(j)) to $531per day to reflect increased costs associated with holding live birds in quarantine.
New table item 36M sets a fee of $620.00 per day per consignment for holding birds’ eggs for hatching and performing services in relation to the eggs, including after the eggs have hatched. The purpose of this new table item is to increase the fee for holding birds’ eggs from $525.00 a day (which was set out in previous table item 36(ja)), to $620 per day to reflect increased costs associated with holding birds’ eggs in quarantine.
New table item 37 sets a fee of $16.00 per day for holding an animal which is not mentioned in items 36 to 36M and which weighs less than 60 kilograms, in quarantine at a quarantine station, not including provision of feed or veterinary supplies (which was set out in previous table item 36(k)(i)). There is no change to this fee.
New table item 38 sets fees for holding an animal which is not mentioned in new table items 36 to 36M, and which weighs 60 kilograms or more, in quarantine at a quarantine station, not including provision of feed or veterinary supplies (which was set out in previous table item 36(k)(ii)), respectively:
(a) for each of the first 25 animals in a consignment: $34.00 per day;
(b) for each additional animal in the consignment: $10.00 per day.
There are no changes to these fees.
Item 10 substitutes table item 38B in Division 1 of Part 3A of Schedule 1 to the Determination with new table items 38B, 38C and 38D which set out new booking fees for reserving space at a quarantine station.
The purpose of the amendments is to increase fees in previous table item 38B with separate fees for each commodity for which the service of reserving space at a quarantine station is provided, to provide clarity and to reflect increased costs of providing this service.
New table item 38B sets a fee of $1,180 for reserving space for a ruminant or camelid animal at a quarantine station. If the animal is in a consignment of two or more animals, the booking fee is only payable for the first animal in the consignment. The purpose of this new table item is to increase the fee for reserving space for a ruminant or camelid animal from $1,000 (which was set out in previous table item 38B(a)), to $1,180 to reflect increased costs associated with providing the booking service.
New table item 38C sets a fee of $1,180 for booking space for a live bird at a quarantine station.
If the bird is in a consignment of two or more animals, the booking fee is only payable for the first bird in the consignment. The purpose of this new table item is to increase the fee for reserving space for a live bird from $1,000 (which was set out in previous table item 38B(a)) to $1,180 to reflect increased costs associated with providing the booking service.
New table item 38D sets a fee of $1,180 for booking space for a chick which hatches from an egg while at a quarantine station. If the chick is to be hatched from an egg which is in a consignment of two or more eggs, the booking fee is only payable for the first chick hatched in the consignment. The purpose of this new table item is to increase the fee for booking space for a chick which hatches from an egg from $1,000 (which was set out in previous table item 36B(b)) to $1,180 to reflect increased costs associated with providing the booking service.
Item 11 substitutes table item 38C in Division 2 of Part 3A of Schedule 1 to the Determination with new table items 38E and 38F which set out the amount of deposits required if a space is reserved at a quarantine station, and provides column headings in the tables.
The purpose of the amendments is to replace the deposit amounts in previous table item 38C with separate amounts for each commodity for which space is booked at a quarantine station, to provide clarity and to correct omission of column headings in previous table 38C. The amendments will also make clear the individual service specific to the commodity.
New table item 38E sets a formula for calculating the amount of the deposit for a live bird as seven times the amount of the daily fee specified in new table item 36L. If the live bird is in a consignment of 2 or more birds, the deposit is only payable for the first bird in the consignment. There are no changes to these fees.
New table item 38F sets a formula for calculating the amount of the deposit for a chick which hatches from an egg as 25 times the amount of the daily fee specified in new table item 36M. If the chick is hatched from an egg which is in a consignment of 2 or more eggs, the deposit is only payable for the first chick hatched in the consignment. There are no changes to these fees.
Part 2 – Further amendments relating to fees
Item 12 substitutes a number of fees in Parts 1, 3 and 5 of Schedule 1 to the Determination with new fees as indicated below.
Table items 1, 2, 3, 4 and 5 substitute the fees in Division 1A of Part 1 of Schedule 1 to the Determination with new fees for electronic and manual lodgement of entries on a quarantine entry management system, and for electronic and manual lodgement of applications for permits or variations of permits. These lodgement fees are charged in addition to the relevant assessment fees detailed in Division 2 of Part 1 of Schedule 1 to the Determination.
The purpose of the amendments is to increase fees to reflect increased costs of services provided by the Department to the person who lodges applications for permits or variation of permits, as indicated in the below table:
Service | Fee prior to amendment | Fee following amendment |
Electronic lodgment of an entry on a Department entry management system – for each entry, in addition to the appropriate assessment fee | $9.00 | $10.00 |
Manual lodgment of an entry on a Department entry management system – for each entry, in addition to the appropriate assessment fee |
|
|
(a) if a self-assessed clearance declaration has been lodged on the Integrated Cargo System (ICS)
| $25.00 | $28.00 |
(b) if a full import declaration has been lodged on ICS | $15.00 | $17.00 |
Electronic lodgment of an application for a permit, or variation of a permit, in addition to the assessment fee worked out in accordance with Division 2 | $85.00 | $125.00 |
Manual lodgment of an application for a permit, or variation of a permit (table item 19), in addition to the assessment fee worked out in accordance with Division 2 | $150.00 | $225.00 |
Table items 6, 7, 8, 9 and 10 substitute the fees in Division 2 of Part 1 of Schedule 1 to the Determination with new fees for assessment of applications for permits or variations of permits for import clearance for standard goods (Category 1) and non-standard goods (Categories 2 to 5) set out in table items 22, 23, 24, 25 and 25A. For table items 23, 24, 25 and 25A, the amended fees are for the initial assessment (for each assessable item).
The purpose of the amendments is to reflect increased costs of conducting assessments, as indicated in the below table:
Assessment of an application for a permit, or variation of a permit | Fee for each assessable item –prior to amendment | Fee for each assessable item – following amendment |
for standard goods (Category 1) | $40.00 | $60.00 |
for any of the non-standard goods as listed (Category 2) – for the initial assessment period | $80.00 | $120.00 |
for any of the non-standard goods as listed (Category 3) – for the initial assessment period |
$160.00 |
$240.00 |
for any of the non-standard goods as listed (Category 4) – for the initial assessment period | $240.00 | $360.00 |
for any of the non-standard goods as listed (Category 5) – for the initial assessment period | $320.00 | $480.00 |
Table item 11 substitutes the fee of $180 per week in table item 38A in Part 3 of Schedule 1 to the Determination with a new fee for weekly use of a house by importers of animals at the Torrens Island Quarantine Station. The new fee will be $212 per week, with a week being a continuous period of seven days (the fee does not cover cleaning of the accommodation).
The purpose of the amendment is to reflect increased costs of providing post-entry quarantine services.
Table items 12, 13 and 14 substitute the fees in table item 44 of Part 5 of Schedule 1 to the Determination with new fees for granting pratique of vessels other than aircraft at the first seaport of call in Australia. A set fee is charged for inspection of documents only, and other fees are charged on a timed basis for other inspections of vessels according to their size.
The purpose of the amendments is to reflect increased costs of conducting routine inspections of vessels as indicated in the below table.
Service - routine inspection for the purpose of granting pratique at the first seaport of call in Australia | Fee prior to amendment | Fee following amendment |
for a vessel, other than an aircraft, that is 25 metres or more long: |
|
|
(i) if the inspection is an inspection of documents only | $800 | $850 |
(ii) otherwise—for each officer performing the inspection for any period up to 2 hours | $1 050 | $1 210 |
for a vessel, other than an aircraft, that is up to 25 metres long—for each officer performing the inspection for any period up to an hour and a half: | $330 | $380 |
Part 3 – Amendments relating to AQIS
Item 13 substitutes a number of references to ‘AQIS’ in the Determination with ‘Department’ or ‘Departmental’ (as appropriate) to reflect retirement of the AQIS brand. The amendments are made as per the table which lists the provisions to be amended and the references to be substituted.
ATTACHMENT
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Quarantine Service Fees Amendment (2014 Measures No. 1) Determination 2014
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
This Legislative Instrument increases fees listed in the Quarantine Service Fees Determination 2005 for:
- assessment and lodgement of applications for import permits and variations of permits for specified standard and non-standard goods to reflect increased costs of providing these services;
- holding and performing services in relation to specified live animals and eggs which are held in quarantine, in line with a review of costs of performing these services;
- use of a house for accommodation by importers of animals at the Torrens Island Quarantine Station;
- routine inspections of vessels other than aircraft at the first seaport of call in Australia.
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.
The Hon. Barnaby Joyce MP
Minister for Agriculture