Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 604

Creation of charge on conveyance

             (1)  A charge is created by force of this section on a conveyance covered by subsection (2) or (3) to secure the payment of a cost-recovery charge described in that subsection.

             (2)  This subsection covers a conveyance if:

                     (a)  a fee-bearing activity has been carried out by, or on behalf of, the Commonwealth in relation to the conveyance; and

                     (b)  the regulations prescribe a fee for the fee-bearing activity; and

                     (c)  the fee, or any late payment fee in relation to the fee, is due and payable by the owner or operator of the conveyance.

Note:          If the owner or operator of the conveyance is liable to pay a fee or late payment fee, an agent of the owner or operator may also be liable to pay the fee or late payment fee on behalf of the owner or operator (see paragraph 593(c)).

             (3)  This subsection covers a conveyance if:

                     (a)  the owner or operator of the conveyance is liable to pay:

                              (i)  a charge imposed by the Biosecurity Charges Imposition (Customs) Act 2014 ; or

                             (ii)  a charge imposed by the Biosecurity Charges Imposition (Excise) Act 2014 ; or

                            (iii)  a charge imposed by the Biosecurity Charges Imposition (General) Act 2014 ; or

                            (iv)  a late payment fee relating to a charge described in subparagraph (i), (ii) or (iii);

                            whether or not the charge or fee relates to the conveyance; and

                     (b)  the charge or fee is due and payable; and

                     (c)  one or more of the following applies:

                              (i)  the conveyance is subject to biosecurity control;

                             (ii)  a biosecurity control order is in force in relation to the conveyance;

                            (iii)  the conveyance is in a biosecurity response zone and a power described in section 370 (about powers in such a zone for managing biosecurity risk) has been exercised in relation to the conveyance.

Note:          If the owner or operator of the conveyance is liable to pay such a charge or fee, an agent of the owner or operator may also be liable to pay the charge or fee on behalf of the owner or operator (see paragraph 593(c)).



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