Quarantine Service Fees Amendment Determination 2009 (No. 1)

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Quarantine Act 1908

Quarantine Service Fees Amendment Determination 2009 (No. 1)

Subsection 86E(1) of the Quarantine Act 1908 (the Act) provides that the Minister may make determinations that require fees of amounts set out in the determination to be paid. These fees are required to be paid in respect of, for example, specified examinations or services carried out or provided under the Act, the giving of permissions and permits under the Act and the entering into compliance agreements. Subsection 86E(2) of the Act provides that the determination may specify the person by whom the fees are payable.

The Quarantine Service Fees Determination 2005 (the Determination) sets out the fees that must be paid in respect to certain 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 the Import Clearance Program and the Seaports Program.

The purpose of the Quarantine Service Fees Amendment Determination 2009 (No. 1) (the Amendment Determination) is to:

• simplify the Determination by making structural and stylistic changes and inserting additional definitions;
• increase the fees for certain import clearance services;
• increase the fees for services dealing with the inspection and clearance of vessels; and
• reduce the number of fees by aggregating some fees.

AQIS operates under the Australian Government Cost Recovery Guidelines (2005). In accordance with the Cost Recovery Guidelines, the Import Clearance Program and the Seaports Program (the Programs) have reviewed their cost recovery arrangements in consultation with industry.

Both Programs have experienced a decrease in revenue since October 2008. The decrease in revenue is because of a decline in vessels arriving in Australia and reduced numbers of goods being imported into Australia. Both Programs, based on current information, have predicted that the 2008–2009 and 2009–2010 financial years will end in a deficit. These predictions are based on mid-year budget reviews and industry data. The decline in vessels arriving in Australia and goods being imported into Australia will then impact on each Program’s Industry Liability Account (ILA). The Import Clearance Program has predicted that at the end of the 2008–2009 financial year the balance of its ILA will be a deficit of $11 million. The Seaports Program has predicted that the balance of its ILA will be a deficit of $250 000. The purpose of the ILA account is to manage under and over recovery from one financial year to the next. The ILA cannot do this if the balance is in deficit. Due to the uncertainty of the current economic climate both the Import Clearance Program and the Seaports Program have implemented a new fee structure that will recover the deficits in each ILA account.

The new fee structure also reflects an increase in overall costs of around 5 per cent for the Programs. The increase in fees is required to recover the direct and indirect costs of providing quarantine services. The direct costs of providing services are primarily labour costs. The indirect costs of providing services include financial services, human resource services, information technology services and other general overheads.

Although there is a decline in vessels arriving in Australia and goods being imported into Australia, staff numbers for both Programs will generally remain the same over the next financial year. Staff resources will be redirected to review instructional material, training resources and verification activity, including review of existing import profiles and surveys. Staff will also be redirected to implement a risk-return approach, which involves realigning regulatory focus with assessed risk. These activities are in line with recommendations 77 and 44 of the report by Roger Beale AO: One Biosecurity: A Working Partnership (September, 2008) (the Beale Report).

The Beale Report is the outcome of an independent review that was commissioned by the Australian Government in early 2008. The purpose of the review was to identify how Australia’s quarantine and biosecurity arrangements could be improved.

Both Programs consulted with the AQIS Industry Cargo Consultative Committee (AICCC) on the fee increases. The AICCC was established in 1993 to act as the peak industry consultative group between AQIS and the cargo handling/importing industry on all operational, policy, efficiency and strategic issues.

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 1 July 2009.

Details of the Amendment Determination are set out below:

Section 1 provides that the name of the Amendment Determination is the Quarantine Service Fees Amendment Determination 2009 (No. 1).

Section 2 provides that the Amendment Determination commences on 1 July 2009.

Section 3 provides that Schedule 1 amends the Quarantine Service Fees Determination 2005.

Section 4 provides that the amendments made by Schedule 1 only apply to a service performed or assessment conducted on or after the day on which the Amendment Determination commences. The amendments made by Schedule 1 that relate to lodgment fees only apply to an application or entry lodged on or after the day on which this Determination commences.

Schedule 1 – Amendments

Item 1 amends section 5 of the Determination by inserting a new subsection 5(1). The amendment does not change the effect of the previous section 5, but reflects the insertion of new subsections 5(2) and 5(3), which insert a new definition of the term “assessable item” (see Item 8 of the Amendment Determination).

Item 2 amends the definition of the term “assessable item” in section 5 by referring to the definition in subsections 5(2) and 5(3) of the Determination (see Item 8 of the Amendment Determination).

Item 3 amends the definition of the term ‘assessment fee’ in section 5 by omitting the words ‘Division 2’ and substituting them with ‘Division 2 or 4A’. This reflects the insertion of Division 4A in Schedule 1 (see Item 52 of the Amendment Determination).

Item 4 amends section 5 by inserting a definition for the term ‘combined military activity’. The purpose of the definition is to clarify the meaning of the term. The definition makes it clear that the term ‘combined military activity’ does not include exhibitions, displays and air shows.

Item 5 amends the definition of the term ‘initial assessment period’ in section 5. The new definition reflects the stylistic changes made to items 20, 21, 23, 24, 25 and 25A in Schedule 1 (see Items 38 to 44 of the Amendment Determination). The stylistic changes clarify that an initial assessment period is the time taken for an assessment up to a certain point. The assessment period varies depending on the category of good that is being assessed. The definition of ‘initial assessment period’ now refers to the period identified as the initial assessment period in the item of Schedule 1 that relates to the assessment.

Item 6 amends the definition of  the term ‘lodgment fee’ in section 5 by omitting the words ‘Division 1A’ and substituting them with ‘Division 1A or 4’. This reflects the amendment made to Division 4 in Schedule 1 (see Item 52 of the Amendment Determination). Division 4 now sets out the fees for lodgment of an application for approval or renewal of approval of a premise under section 46A of the Act.

Item 7 amends the definition of the word ‘service’ in section 5.

The previous definition of ‘service’ did not clearly identify that the lodgment and assessment of applications and entries in Divisions 1A, 2 and 4 of Part 1 of Schedule 1 were ‘services’ for the purposes of the Determination. Further, the headings to column 2 in Divisions 1A and 2 of Part 1 of Schedule 1 referred to ‘lodgments’ and ‘assessments’, rather than ‘services’. But the heading to column 2 in Division 4 referred to ‘services’. The use of the word ‘service’ was inconsistent and this created confusion. 

The new definition of the word ‘service’ has been amended to clarify that a ‘service’ means the doing of anything in connection with a matter referred to in any of paragraphs 86E(1)(a) to (f) of the Act. But the term ‘service’ does not include a lodgment mentioned in column 2 of an item in Division 1A or 4 of Part 1 in Schedule 1; or an assessment mentioned in column 2 of an item in Division 2 or 4A of Part 1 in Schedule 1. Separating fees payable for services from fees payable for lodgment and assessment of applications and entries simplifies the Determination and removes inconsistencies.

A note has been inserted at the foot of the definition of ‘service’ to clarify that, despite the exclusion of lodgments and assessments from the definition of ‘service’, section 86E of the Act is the authority to impose fees for lodgments and assessments.

Item 8 inserts new subsections 5(2) and 5(3), which set out a new definition of “assessable item”. The effect of the subsections is to clarify the definition of “assessable item”. Subsection 5(2) provides that “assessable item” means an item on an application for a permit, or on an application for the variation of a permit, that identifies the importation or proposed importation of particular goods, or goods in a particular class. Subsection 5(2) applies to both standard goods and non-standard goods. Subsection 5(3) relates only to applications for a permit, or applications for a variation of a permit, for standard goods. It provides that if there are two or more items on an application for a permit, or an application for the variation of a permit, that have a similar level of quarantine risk, those items can be taken to be one assessable item.

An explanatory note has been inserted at the foot on subsection 5(3) to clarify its effect.

The purpose of the amendment is to reflect the way applications for the importation of standard goods are assessed. Often there will be a number of items included in applications that present a similar level of quarantine risk that do not need to be assessed individually. The amendment clarifies that the fee set out in item 22 in Schedule 1 may be applied once to goods provided the goods have a similar level of quarantine risk.

Item 9 amends subsection 6(1) so that it is not subject to sections 7, 8, 8A, 8B and 8C of the Determination. Sections 7, 8, 8A, 8B and 8C have been amended to reflect the new definition of the word ‘service’. Fees payable for services have been separated from fees payable for lodgment and assessment of applications and entries. Section 6 now only applies to fees payable for services. The new section 6A applies to fees payable for lodgment and assessment of applications or entries (see Item 11 of the Amendment Determination).

Item 10 amends subsection 6(2) by omitting the words ‘Division 1, 1A or 2’ and substituting them with ‘Division 1’. Section 6 now only applies to fees payable for services, which are set out in Division 1 in Part 1 of Schedule 1. This amendment reflects the new definition of the word ‘service’ which separates fees payable for services from fees payable for lodgment and assessment of applications or entries.

Item 11 inserts a new section 6A which will require fees to be paid for the lodgment and assessment of applications and entries. The new section 6A reflects the new definition of ‘service’ which separates fees payable for services from fees payable for lodgment and assessment of applications or entries.

Subsection 6A(1) provides that the fee required to be paid for a lodgment mentioned in column 2 of an item in Division 1A or 4 of Part 1 in Schedule 1 is the amount set out in, or worked out in accordance with, column 3 of the item. Division 1A sets out the fees for lodgment of an entry or application. Division 4 sets out the fees for lodgment of an application for approval, or renewal of an approval, of a premise under section 46A of the Act.

Subsection 6A(2) provides that the fee required to be paid for an assessment mentioned in column 2 of an item in Division 2 or 4A of Part 1 in Schedule 1 is the amount set out in, or worked out in accordance with, column 3 of the item. Division 2 sets out the fees for assessment of an application or entry. Division 4A sets out the fees for assessment of an application for approval, or renewal of an approval, of a premise under section 46A of the Act.

The purpose of subsection 6A(3) is to clarify that if an assessment mentioned in Division 2 or 4A of Part 1 in Schedule 1 is conducted outside a quarantine officer’s ordinary hours of duty, an additional fee is required to be paid. The additional fee will be worked out in accordance with Division 3 of Part 1. The references to ‘service’ in Division 3 of Part 1 should be taken as references to ‘assessment’ and references to ‘performance of a service’ in Division 3 of Part 1 should be taken as references to the ‘conducting of an assessment’.

Subsection 6A(5) provides that if a person operates more than one premise at the same location, a fee is only required for the first application for approval or first application for renewal of approval, under section 46A of the Act, that is lodged in respect of one of those premises for a financial year or part of that financial year. The relevant fees are set out in Divisions 4 and 4A of Part 1 of Schedule 1. The purpose of this subsection is to facilitate establishments, such as universities, to apply to become a quarantine approved premise under section 46A of the Act. Establishments, such as universities, often operate multiple premises that are located on the one site. Instead of applying the fees to each of the premises, the fee is only applied once to the location.

Item 12 amends section 7 by substituting a new section 7 to clarify that each fee required by the Determination for a service, lodgment or assessment is in addition to each other fee required by the Determination to be paid for the service, lodgment or assessment. This amendment reflects the new definition of ‘service’ which separates fees payable for services from fees payable for lodgment and assessment of applications or entries. 

Item 13 amends section 8 by inserting new subsections 8(1) through to 8(8).

The new subsection 8(1) is no longer subject to sections 8A, 8B and 8C of the Determination. Sections 8A, 8B and 8C of the Determination have been amended to reflect the new definition of the word ‘service’, which separates fees payable for services from fees payable for lodgment and assessment of applications or entries. Section 8 now only applies to a fee required to be paid by section 6 of the Determination.

Subsection 8(2) provides that a fee required by subsection 6A(1) must be paid when the application or entry is lodged. Subsection 8(3) provides that a fee required by subsection 6A(2) for an initial assessment period must be paid when the application or entry is lodged. Subsections 6A(1) and 6A(2) were inserted by Item 11 of the Amendment Determination and reflect the new definition of the word ‘service’, which separates fees payable for services from fees payable for lodgment and assessment of applications or entries.

Subsection 8(4) provides that a fee required to be paid by the Determination, which is not affected by subsections 8(1), 8(2) and 8(3), must be paid by the close of business on the last day for payment of the fee shown on an invoice issued by AQIS.

Subsection 8(5) provides that a demand for payment of a fee must not be made unless the person liable to pay the fee, or the person’s agent, has been informed of the amount payable. Subsection 8(5) reflects the previous subsection 8(2).

Subsection 8(6) provides that if a fee is required to be paid before a quarantine service is provided, a quarantine officer may withhold the provision of the quarantine service until the fee is paid. The term ‘quarantine service’ is defined in subsection 86E(1A) of the Act. Subsection 8(6) reflects the previous subsection 8(3).

Subsection 8(7) clarifies that an application or entry is only taken to be lodged when the applicable fee is paid. Subsection 8(8) clarifies that a quarantine officer is only required to conduct an assessment once the applicable assessment fee is paid.

Item 14 omits sections 8A and 8B, which have now been incorporated into the new subsections 8(2), (3), (7) and (8). Section 8 now provides for the due date for payment of fees payable for services and fees payable for lodgment and assessment of applications or entries. This reflects the new definition of the word ‘service’.

Item 15 amends section 8C by simplifying the structure and language used, but the effect of the section remains the same.  

Item 16 amends subsection 9(1) by omitting the words ‘the basic fee for a service’ and substituting them with ‘a basic fee’. This reflects the new definition of ‘service’ which separates the fees payable for services from the fees payable for lodgments and assessments of applications and entries. The omission of the words ‘for a service’ ensures that a late payment fee can be applied if the basic fee for services and lodgment and assessment of applications or entries is not paid by the payment due date.

Item 17 amends the heading to section 10 so that it clearly reflects the purpose of section 10, which is to set out when the Determination does not apply.

Item 18 amends subsection 10(1) by omitting the words ‘provided by AQIS under the Act in relation to’ and substituting them with ‘performed, or to applications or entries lodged or assessed, in relation to’. This reflects the new definition of ‘service’ which separates fees payable for services from fees payable for lodgment and assessment of applications and entries. The purpose of the amendment is to ensure the Determination does not apply to services, or to applications or entries lodged or assessed, in the circumstances set out in section 10.

Item 19 amends paragraph 10(1)(d) by omitting ‘joint military operation with the Australian Defence Force’ and substituting it with ‘combined military activity’. The term ‘joint military operation’ is not used by the Australian Defence Force. It was agreed between AQIS and the Australian Defence Force that the term ‘combined military activity’, which is used by the Australian Defence Force, would cause less confusion.  A definition of the term ‘combined military activity’ has been inserted into subsection 5(1) to clarify that the term excludes exhibitions, displays or air shows (see Item 4 of the Amendment Determination).

Item 20 amends the heading to Schedule 1 to reflect that Schedule 1 now incorporates the fees provided for by sections 6 and 6A of the Determination.

Item 21 amends column 3 of item 2 in Schedule 1 by increasing the fee for each service performed in relation to a full import declaration that relates to air cargo from $10 to $15.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 22 amends column 3 of item 3 in Schedule 1 by increasing the fee for each service performed in relation to a full import declaration that relates to sea cargo from $10 to $14.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 23 amends column 3 of item 5 in Schedule 1 by increasing the fee in paragraph (a) from $16 to $24.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 24 amends column 3 of item 5 in Schedule 1 by increasing the fee in subparagraph (b)(i) from $16 to $24.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 25 amends column 3 of item 5 in Schedule 1 by increasing the fee in subparagraph (b)(ii) from $4 to $6.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 26 omits items 6 and 7 from Schedule 1, which previously set out the fees payable for container tailgate inspections. Recommendation 76 of the Beale Report stated that fees for like activities should be aggregated to reduce the number of individual charges. In line with this recommendation the cost of providing tailgate inspections will now be recovered through the inspection fees set out in items 8 and 9 in Schedule 1.

Item 27 amends column 3 of item 8 in Schedule 1 by increasing the fee for each officer performing the service for each quarter hour or part of a quarter hour from $35.50 to $40.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 28 amends column 3 of item 9 in Schedule 1 by increasing the fee in paragraph (a) from $80 to $90.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 29 amends column 3 of item 9 in Schedule 1 by increasing the fee in paragraph (b) from $40 to $45.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 30 amends column 3 of item 11 in Schedule 1 by increasing the fee for examination of timber, other than plywood or veneer, which is not in a container, from $2.20 to $2.40 for each cubic metre or part of a cubic metre. The increase in this fee reflects the increased cost of providing the service.

Item 31 amends column 3 of item 12 in Schedule 1 by increasing the fee for services of an officer for one or more working days from $714 to $900.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 32 omits items 13 and 14 from Schedule 1, which set out the fees payable for an officer who is required to work for one or more working weeks or four working weeks. Recommendation 76 of the Beale Report stated that fees for like activities should be aggregated to reduce the number of individual charges. In line with this recommendation the cost of providing the services provided by an officer for one or more working weeks or four working weeks will be recovered through the fee set out in item 12.

Item 33 amends column 3 of item 15 in Schedule 1 by increasing the fee for electronic lodgment of an entry from $7 to $9.00. The increase in this fee is required so that the increased costs of providing the service can be recovered. The increase in this fee also reflects the increased cost of maintaining the electronic system.

Item 34 amends column 3 of item 16 in Schedule 1 by increasing the fee in paragraph (a) from $20 to $25.00. The increase in this fee is required to recover the direct and indirect costs of providing the service.

Item 35 amends column 3 of item 16 in Schedule 1 by increasing the fee in paragraph (b) from $12 to $15.00. The increase in this fee is required to recover the direct and indirect costs of providing the service.

Item 36 omits item 17, including the note, from Schedule 1, which sets out the fee for electronic lodgment of an application for a permit, or variation of a permit for standard goods. This reflects the insertion of new item 18 into Schedule 1 (see Item 37 of the Amendment Determination), which sets a single fee for electronic lodgment of a permit or variation of a permit, regardless of whether it is for standard or non-standard goods.

Item 37 omits and substitutes new items 18 and 19 in Schedule 1. The effect of the amendment is to set a fee for electronic lodgment of an application for a permit or variation of a permit (item 18) and a fee for manual lodgment of an application for a permit or variation of a permit (item 19). Previously, item 17 set out the fee for electronic lodgment of an application for a permit, or variation of a permit, for standard goods. Although assessments were undertaken in relation to these applications for standard goods, an assessment fee was not applied. The new fee in item 18 will apply to electronically lodged applications for permits or variations of permits for standard and non-standard goods. A note has been inserted at the foot of item 18 and item 19 to clarify that the lodgment fee is in addition to the assessment fee that will be worked out in accordance with Division 2 of Schedule 1.

Applying an assessment fee to both standard and non-standard goods will more accurately recover the costs associated with assessment of all applications for permits. This is because it can take significant time to assess some applications for a permit or variation of a permit for standards goods.

Item 38 omits and substitutes a new fee description in column 3 of item 20 in Schedule 1. The effect of the amendment is to set a fee of $40.00 for the initial assessment period, which is the period (up to 30 minutes) taken by the officer to conduct the assessment. The amendment also inserts a new paragraph (b) in column 3 which provides that if an assessment takes longer than the initial assessment period an additional fee of $40.00 will be imposed for each quarter hour, or part of a quarter hour. The previous assessment fee was applied regardless of whether the officer took one hour or four hours, for example, to assess the entry. Some entries are complex, for example entries for biological material and food, and require significant time to assess. The new time based fees will more accurately recover the costs associated with assessment of entries.

The amendment also provides that if the officer assessing the entry requires information additional to the information in the entry a fee will be imposed. This fee is now set out in paragraph (c) in column 3 and has been increased from $30 to $40.00. The increase in this fee is required so that the direct and indirect costs of providing the service can be recovered.

Item 39 omits and substitutes a new fee description in column 3 of item 21 in Schedule 1. The effect of the amendment is to set a fee for the initial assessment period, which is the period (up to 30 minutes) taken by the officer to conduct the assessment. If the goods are of quarantine concern the fee for the initial assessment period is $8.00. If the goods are of both quarantine concern and of imported food concern the fee for the initial assessment period is $40.00. The amendment also provides that if an assessment takes longer than the initial assessment period an additional fee of $40.00 will be imposed for each quarter hour, or part of a quarter hour. The previous assessment fees were applied regardless of whether the officer took one hour or four hours, for example, to assess the entry. Some entries are complex, for example entries regarding biological material and food, and require significant time to assess. The new time based fees will more accurately recover the costs associated with assessment of entries. The increase in the fees is required so that the direct and indirect costs of providing the service can be recovered.

Item 40 amends column 2 of item 22 by omitting the words ‘a manually lodged’ and substituting them with ‘an’. This reflects the amendments to items 17, 18 and 19 (see Items 36 and 37 of the Amendment Determination). The assessment fee in item 22 will apply to both electronically lodged and manually lodged applications for a permit or variation of a permit for standard goods.

Item 41 omits and substitutes a new fee description in column 3 of item 23 in Schedule 1. The effect of the amendment is to set a fee for the initial assessment period, which is the period (up to 1 hour) taken by the officer in conducting the assessment. The amendment also increases the fee set out in paragraph (b) in column 3 from $35.50 to $40.00. The increase in this fee reflects the increased cost of providing the service. The fee increase is also required so that the direct and indirect costs of providing the service can be recovered.

Item 42 omits and substitutes a new fee description in column 3 of item 24 in Schedule 1. The effect of the amendment is to set a fee for the initial assessment period, which is the period (up to 2 hours) taken by the officer in conducting the assessment. The amendment also increases the fee in paragraph (a) in column 3 from $140 to $160.00 and the fee in paragraph (b) from $35.50 to $40.00. The increase in fees reflects the increased cost of providing the service. The fee increases are also required so that the direct and indirect costs of providing the service can be recovered.

Item 43 omits and substitutes a new fee description in column 3 of item 25 in Schedule 1. The effect of the amendment is to set a fee for the initial assessment period, which is the period (up to 3 hours) taken by the officer in conducting the assessment. The amendment also increases the fee in paragraph (a) from $200 to $240.00 and the fee in paragraph (b) from $35.50 to $40.00. The increase in fees reflects the increased cost of providing the service. The fee increases are also required so that the direct and indirect costs of providing the service can be recovered.

Item 44 omits and substitutes a new fee description in column 3 of item 25A in Schedule 1. The effect of the amendment is to set a fee for the initial assessment period, which is the period (up to 4 hours) taken by the officer in conducting the assessment. The amendment also increases the fee in paragraph (a) from $260 to $320.00 and the fee in paragraph (b) from $35.50 to $40.00. The increase in fees reflects the increased cost of providing the service. The fee increases are also required so that the direct and indirect costs of providing the service can be recovered.

Item 45 amends column 2 of item 27 in Schedule 1 by omitting the words ‘Division 1, 1A or 2’ and substituting them with ‘Division 1, 2 or 4A’. This amendment reflects the insertion of subsection 6A(3) which provides that if an officer conducts an assessment mentioned in Division 2 or 4A of Part 1 of Schedule 1 outside the officer’s ordinary hours of duty, an additional fee worked out in accordance with either items 27 or 28 will apply. The reference to Division 1A was omitted from item 27 because lodgments of applications and entries do not occur outside ordinary hours of duty.

Items 46, 47 and 48 amend subitem 27(a) in Schedule 1 by increasing the fees in paragraph (a) and subparagraphs (b)(i) and (b)(ii) in column 3. The fee in paragraph (a) has been increased from $15 to $16.00. The fee in subparagraph (b)(i) has been increased from $135 to $192.00. The fee in subparagraph (b)(ii) has been increased from $15 to $16.00. The increase in fees reflects the increased cost of providing the service.

Items 49 and 50 omit subitems 27(b), (c) and (d) from Schedule 1 and insert a new subitem 27(b). The effect of the amendments is to rationalise three separate fees into one. Recommendation 76 of the Beale Report stated that fees for like activities should be aggregated to reduce the number of individual charges. In line with this recommendation the cost of providing services mentioned in an item in Division 1, 2 or 4A on a Saturday, Sunday or AQIS holiday will be recovered through the new fee set out in subitem 27(b).  The fee is set at $288.00 for each officer performing a service for any period up to three hours. In addition a fee of $24.00 will be imposed for each quarter hour, or part of a quarter hour, after the three hour period. The increase in fees reflects the increased cost of providing the service.

Item 51 amends column 2 of item 28 in Schedule 1 by omitting the words ‘Division 1, 1A or 2’ and substituting them with ‘Division 1, 2 or 4A’. This amendment reflects the insertion of subsection 6A(3) which provides that if an officer conducts an assessment mentioned in Division 2 or 4A of Part 1 of Schedule 1 outside the officer’s ordinary hours of duty, an additional fee worked out in accordance with either items 27 or 28 will apply. The reference to Division 1A was omitted from item 27 because lodgments of applications and entries do not occur outside ordinary hours of duty.

Item 52 amends the existing Division 4 and inserts a new Division 4A into Schedule 1.

Division 4 now contains items 29 and 30, which sets out the fees for lodgment of applications for approval or renewal of approval of premises under section 46A of the Act. The descriptions in column 2 of items 29 and 30 have been amended to simplify the language used. The fee in column 3 of item 29 has been increased from $900 to
$1 200.00. The fee in column 3 of item 30 has been increased from $450 to $600.00.

Division 4A now contains item 31, which sets out the fee for assessment of applications for approval or renewal of approval of premises under section 46A of the Act. The description in column 2 of item 31 has been amended to simplify the language used. The fee in paragraph (a) in column 3 of item 31 has been increased from $80 to $90.00. The fee in paragraph (b) of column 3 of item 31 has been increased from $40 to $45.00.

The increase in the fees set out in items 29, 30 and 31 reflect the increased costs associated with assessing, auditing and administering Quarantine Approved Premises.

Item 53 amends items 44 and 45 in Schedule 1.

The description of the fee in subitem 44(a) has been amended to clarify that the fees will apply to a vessel, other than an aircraft, that is 25 metres or more long. Subparagraph 44(a)(i) of item 44 in Schedule 1 now provides a fee of $800.00 for a routine inspection that involves the inspection of documents only. Otherwise, the fees set out in column 3 of subparagraph 44(a)(ii) apply. The fee in paragraph (a) in column 3 has been increased from $920 to $1 050.00. The fee in paragraph (b) in column 3 has been increased from $40 to $45.00. The increase in fees reflects the increased cost of providing the service.

The insertion of a routine document inspection fee is in line with recommendation 44 of the Beale Report, which recommended that the balance and level of biosecurity resources across the continuum should be determined by a consistent analysis of risks and returns. The routine document inspection will require fewer resources to clear vessels that have a strong history of compliance. This will allow more resources to be redirected to physically inspecting and clearing vessels that present higher quarantine risks.  

The fees for routine inspection of a vessel that is up to 25 metres long have also been increased. The fee in paragraph (a) in column 3 of subitem 44(b) has been increased from $240 to $330.00. The fee in paragraph (b) in column 3 of subitem 44(b) has been increased from $40 to $45.00. The increase in fees reflects the increased cost of providing the service.

Item 45 has been amended to clarify that the fees set out in column 3 of item 45 apply to any inspection service in relation to a vessel, other than an aircraft, for which a fee is not mentioned in item 44. An explanatory note has been inserted at the foot of item 45, which provides examples of the kinds of inspection services item 45 will apply to.

Subitem 45(a) sets out the applicable fee for an officer performing an inspection service for a day or part of a day. The fee for an officer performing an inspection service for a day or part of a day has been increased from $714 to $900.00. The increase in this fee reflects the increased cost of providing the service. Subitem 45(a) has also been amended to clarify that before the fee in subitem 45(a) can apply, the master of the vessel must make a request to the Secretary for the fee to apply at least 24 hours before the performance of the inspection service.

Subitem 45(b) sets out the fees that will apply if the fee in subitem 45(a) does not apply. For an officer performing an inspection service the fee is $90.00 for the first half hour, or part of a half hour. This fee has been increased from $80 to $90.00. For an officer performing an inspection service after the initial first half hour, the fee is $45.00 for each quarter hour, or part of a quarter hour. This fee has been increased from $40 to $45.00. The increase in fees reflects the increased cost of providing the service.

Item 54 amends subitem 47(a) in Schedule 1 by increasing the fee in paragraph (a) in column 3 from $15 to $16.00. The fee in subparagraph (b)(i) in column 3 has been increased from $135 to $192.00 and the fee in subparagraph (b)(ii) in column 3 from $15 to $16.00.

The amendment also omits subitems 47(b), (c) and (d) from Schedule 1 and inserts a new subitem 47(b). The effect of the amendments is to rationalise three separate fees into one. Recommendation 76 of the Beale Report stated that fees for like activities should be aggregated to reduce the number of individual charges. In line with this recommendation the cost of providing services mentioned in an item of Division 1 on a Saturday, Sunday or AQIS holiday will be recovered through the new fee set out in subitem 47(b). The fee is set at $288.00 for each officer performing a service for any period up to three hours. In addition a fee of $24.00 will be imposed for each quarter hour, or part of a quarter hour, after the three hour period. The increase in fees reflects the increased cost of providing the service.