EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Quarantine Act 1908
Quarantine Service Fees Amendment Determination 2008 (No.1)
Section 86E of the Quarantine Act 1908 (‘the Act’) provides that the Minister may make determinations that require fees of amounts set out in the determinations to be paid in respect of, inter alia, specified examinations or services carried out or provided under the Act, and that the determination may specify by whom the fees are payable.
The Quarantine Service Fees Determination 2005 (‘the Determination’) sets out the fees that must be paid in respect of specified examinations or services carried out or provided under the Act. The Determination sets out fees for services performed by programs of the Australian Quarantine and Inspection Service (‘AQIS’), including services for the quarantine clearance of vessels.
The purpose of the Quarantine Service Fees Amendment Determination 2008 (No. 1) (‘the Amendment Determination’) is to:
- increase the fees for routine inspection of vessels for the purpose of granting pratique;
- increase the fees for services performed at seaports outside ordinary hours of duty; and
- update the reference to a ‘de-ratting exemption certificate’ to a ‘ship sanitation certificate’.
The increase in fees is necessary to recover costs associated with a forecasted increase in international vessel arrival activity and changing business practices in 2008/09. The fee increases will give greater equity in the context of the cost recovery user-pays principle.
Consultation has occurred with the AQIS Industry Cargo Consultative Committee (AICCC) in relation to the fee increases. The AICCC endorsed the fee increases in April 2008.
Membership of the AQIS Industry Cargo Consultative Committee comprises of representatives from key industry sectors including:
- AQIS
- Industry Working Group on Quarantine (IWGQ)
- Regional Cargo Facilitation Committees/Councils
- Shipping Lines
- Stevedoring/Container Terminal and Depot Operators
- Customs Brokers
- Air/Sea Freight Forwarders
- Importers/Cargo Operators
- Airlines/Cargo Terminal Operators
- Air Express Operators/Couriers
The Amendment Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Determination commences on the day it is registered.
Details of the Amendment Determination are set out below:
Section 1 provides that the name of the Amendment Determination is the Quarantine Amendment Determination 2008 (No. 1).
Section 2 provides that the Amendment Determination commences on the day it is registered. Subsection 86E(3) of the Act provides that a Determination takes effect on the day on which notice of the Determination is published in the Gazette. Subsection 56(1) of the Legislative Instruments Act 2003 provides that if enabling legislation in force before the commencement of the Legislative Instruments Act 2003 required particulars of the making of a legislative instrument to be published in the Gazette, that requirement is satisfied if the instrument is registered.
Section 3 provides that Schedule 1 amends the Quarantine Service Fees Determination 2005.
Section 4 provides that the amendments made by Schedule 1 apply in relation to a service provided on or after 1 July 2008.
Schedule 1 - Amendments
Item 1 amends subitem 44(a), column 3, paragraph (a) of Schedule 1 of the Determination by removing $800 and substituting $920. The implementation of new government and departmental policies and inspection requirements has impacted on the time and effort associated with the processing of international vessel arrivals. The increase in this fee is based on the increased time needed to inspect a commercial vessel.
Item 2 amends subitem 44(b), column 3 of Schedule 1 of the Determination by amending paragraphs (a) and (b). The effect of the amendment to paragraph (a) is to increase the fee from $160 to $240 for any period up to an hour and a half, instead of up to an hour. The effect of the amendment to paragraph (b) is to allow a fee of $40 to be charged for each quarter hour, or part of a quarter hour, after the first hour and a half. The implementation of new government and departmental policies and inspection requirements has impacted on the time and effort associated with the processing of international vessel arrivals. The increase in this fee is based on the increased time needed to inspect a yacht.
Item 3 amends subitem 45(a)(ii), column 2 of Schedule 1 by omitting ‘de-ratting exemption certificate’ and substituting ‘ship sanitation certificate’. The Australian Government is a party to the International Health Regulations (2005) (‘IHR 2005’) which replaces the International Health Regulations (1969) (‘IHR 1969’). The IHR 2005 establishes an agreed framework of measures for member states and the World Health Organisation to invest it. These measures are designed to limit the international spread of epidemics and other public health emergencies while minimising disruption to travel, trade and economies. The Ship Sanitation Certificate is a requirement of the IHR 2005 and it updates the existing De-ratting Certificate, which was a requirement of the IHR 1969.
Item 4 amends subitem 47(a), column 3, paragraph (a) of Schedule 1 by omitting $10 and substituting $15. The increase in this fee reflects the increased cost of delivering the service. Overtime rates have been adjusted to reflect an increase in the cost of delivering services during non ‘core business’ periods.
Item 5 amends subitem 47(a), column 3, subparagraph (b)(i) of Schedule 1 by omitting $120 and substituting $135. The increase in this fee reflects the increased cost of delivering the service. Overtime rates have been adjusted to reflect an increase in the cost of delivering services during non ‘core business’ periods.
Item 6 amends subitem 47(a), column 3, subparagraph (b)(ii) of Schedule 1 by omitting $10 and substituting $15. The increase in this fee reflects the increased cost of delivering the service. Overtime rates have been adjusted to reflect an increase in the cost of delivering services during non ‘core business’ periods.
Item 7 amends subitem 47(b), column 3, paragraph (a) of Schedule 1 by omitting $120 and substituting $140. The increase in this fee reflects the increased cost of delivering the service. Overtime rates have been adjusted to reflect an increase in the cost of delivering services during non ‘core business’ periods.
Item 8 amends subitem 47(b), column 3, paragraph (b) of Schedule 1 by omitting $10 and substituting $20. The increase in this fee reflects the increased cost of delivering the service. Overtime rates have been adjusted to reflect an increase in the cost of delivering services during non ‘core business’ periods.
Item 9 amends subitem 47(c), column 3, paragraph (a) of Schedule 1 by omitting $156 and substituting $176. The increase in this fee reflects the increased cost of delivering the service. Overtime rates have been adjusted to reflect an increase in the cost of delivering services during non ‘core business’ periods.
Item 10 amends subitem 47(c), column 3, paragraph (b) of Schedule 1 by omitting $13 and substituting $23. The increase in this fee reflects the increased cost of delivering the service. Overtime rates have been adjusted to reflect an increase in the cost of delivering services during non ‘core business’ periods.
Item 11 amends subitem 47(d), column 3, paragraph (a) of Schedule 1 by omitting $192 and substituting $200. The increase in this fee reflects the increased cost of delivering the service. Overtime rates have been adjusted to reflect an increase in the cost of delivering services during non ‘core business’ periods.
Item 12 amends subitem 47(d), column 3, paragraph (b) of Schedule 1 by omitting $16 and substituting $25. The increase in this fee reflects the increased cost of delivering the service. Overtime rates have been adjusted to reflect an increase in the cost of delivering services during non ‘core business’ periods.