Quarantine Service Fees (Australia Post) Determination 2010

Administered by Department of Agriculture

Legislation au F2010L01426 Not in force Legislative Instrument

Legislation content

Quarantine Service Fees (Australia Post) Determination 2010

made under section 86E of the

Quarantine Act 1908

Compilation No. 1

Compilation date:    1 December 2015

Includes amendments up to: Quarantine Service Fees (Australia Post) Amendment (Cost Recovery) Determination 2015

Registered:    9 December 2015

 

About this compilation

This compilation

This is a compilation of the Quarantine Service Fees (Australia Post) Determination 2010 that shows the text of the law as amended and in force on 1 December 2015 (the compilation date).

This compilation was prepared on 8 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Name of Determination

2 Commencement

4 Definitions

5 Fee for quarantine services payable by Australia Post

6 Time for payment

7 Late payment fee

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name of Determination

  This Determination is the Quarantine Service Fees (Australia Post) Determination 2010.

2  Commencement

  This Determination commences on 1 July 2010.

4  Definitions

  In this Determination:

Act means the Quarantine Act 1908.

annual fee, for a relevant financial year, means the amount of the fee required by section 5 to be paid in respect of the financial year.

Australia Post means the Australian Postal Corporation.

late payment fee has the meaning given by section 86E of the Act.

payment day has the meaning given by section 86E of the Act.

postal article has the same meaning as in the Australian Postal Corporation Act 1989.

quarantine service has the meaning given by section 86E of the Act.

relevant financial year means the financial year commencing on 1 July 2010 and each subsequent financial year.

5  Fee for quarantine services payable by Australia Post

 (1) For section 86E of the Act, a fee is required to be paid by Australia Post for the provision of quarantine services for postal articles received by Australia Post from places outside Australia in a relevant financial year.

 (2) The amount of the fee for a relevant financial year is as follows:

 (a) for a financial year commencing on or before 1 July 2015—$8 200 000;

 (b) for the financial year commencing on 1 July 2016—$11 700 000;

 (c) for the financial year commencing on 1 July 2017—$15 100 000;

 (d) for the financial year commencing on 1 July 2018—$15 300 000.

6  Time for payment

 (1) An annual fee is payable:

 (a) by a single payment; or

 (b) in 2 or more equal instalments.

 (2) An annual fee, or an instalment of an annual fee, is payable within 30 days after the day the demand for payment of the fee or the instalment is made.

7  Late payment fee

 (1) If an annual fee, or an instalment of an annual fee, is not paid on or before the payment day for the fee or the instalment, a late payment fee must be paid by Australia Post.

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

where:

days overdue is the number of days after the payment day and before the day on which the annual fee or the instalment (as the case requires) is paid.

unpaid amount is the amount of the annual fee or the instalment (as the case requires) that has not been paid.

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)

    /subsubparagraph(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

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration or gazettal

 

Commencement

Application, saving and transitional provisions

Quarantine Service Fees (Australia Post) Determination 2010

27 May 2010 (F2010L01426)

1 July 2010 (s 2)

 

Quarantine Service Fees (Australia Post) Amendment (Cost Recovery) Determination 2015

30 Nov 2015 (F2015L01888)

1 Dec 2015 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3.....................

rep F2015L01888

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

am F2015L01888

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

am F2015L01888

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

rs F2015L01888

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

rs F2015L01888

 

 

Overview

The Quarantine Service Fees (Australia Post) Determination 2010 was enacted under section 86E of the Quarantine Act 1908 by the Commonwealth Parliament. This legislation was introduced to address the financial obligations of Australia Post in relation to the provision of quarantine services for postal articles that are received from outside Australia. The primary policy objective of this Determination is to ensure that Australia Post pays a fee for the quarantine services provided, facilitating the cost recovery for such services as mandated by the Quarantine Act 1908. The Determination specifies the fee amounts for specific financial years and outlines the payment terms, including the imposition of late payment fees.

Scope and Application

The Quarantine Service Fees (Australia Post) Determination 2010, as amended by the Quarantine Service Fees (Australia Post) Amendment (Cost Recovery) Determination 2015, applies to the Australian Postal Corporation, referred to as Australia Post, for the provision of quarantine services for postal articles received from places outside Australia. This Determination sets out the fees Australia Post is required to pay under section 86E of the Quarantine Act 1908 for quarantine services for each relevant financial year, defined as the financial year commencing on 1 July 2010 and each subsequent financial year. The fees are payable by a single payment or in two or more equal instalments within 30 days after the demand for payment is made. Late payment fees are also prescribed for non-compliance. The Determination has a Commonwealth jurisdictional reach, applying across Australia and extending to the payment of fees specified in the Determination by Australia Post. The Determination itself does not provide for exclusions or exemptions, but the underlying Act may contain provisions that exempt certain postal articles from quarantine fees. The application and scope of the Determination may be further detailed or extended through subordinate instruments.

Key Provisions

The Quarantine Service Fees (Australia Post) Determination 2010, as amended, establishes the fees that Australia Post must pay for providing quarantine services for postal articles received from outside Australia. Section 5 specifies the fee amount for relevant financial years, increasing progressively from $8,200,000 for the financial year ending 30 June 2015, to $15,300,000 for the financial year commencing 1 July 2018. This annual fee must be paid by Australia Post either in a single payment or in two or more equal instalments, with each payment or instalment due within 30 days of the payment demand (section 6). If Australia Post fails to meet these payment deadlines, a late payment fee must be paid, calculated according to the formula provided in section 7, which takes into account the number of days overdue and the unpaid amount. Australia Post has specific obligations under this Determination. Firstly, they must ensure the annual quarantine service fee is paid in full or in instalments as required by section 6. This involves timely financial planning and execution to meet the deadlines specified. Additionally, if any payment is not made by the due date, Australia Post must calculate and pay the applicable late payment fee as per the formula in section 7. These obligations are designed to ensure the smooth operation of quarantine services and the financial sustainability of these services through cost recovery. Failure to comply with the provisions of this Determination can lead to financial penalties. Specifically, if Australia Post does not pay the annual fee or an instalment within the specified timeframe, they must pay a late payment fee. The amount of this fee is determined by the number of days the payment is overdue and the amount that remains unpaid. Although the Determination does not explicitly state the maximum penalty for late payment, it is implied that the penalty is calculated to encourage timely payments and cover the costs incurred by the delay. This serves as a deterrent against non-compliance and ensures that the financial burden of late payments is borne by the defaulting party.

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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.