Commonwealth Numbered Regulations - Explanatory Statements

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QUARANTINE CHARGES (COLLECTION) REGULATION 2014 (SLI NO 68 OF 2014)

EXPLANATORY STATEMENT

 

Select Legislative Instrument No. 68, 2014

 

Issued by Authority of the Minister for Agriculture

 

Quarantine Charges (Collection) Act 2014

 

Quarantine Charges (Collection) Regulation 2014

 

 

Legislative Authority

 

The Quarantine Charges (Collection) Act 2014 (the Act) provides that the Governor-General may make regulations providing for the collection of charges imposed under the Quarantine Charges (Imposition-General) Act 2014, Quarantine Charges (Imposition-Customs) Act 2014 or the Quarantine Charges (Imposition-Excise) Act 2014. The Act provides that the Governor-General may make regulations that determine the manner in which quarantine charges are to be paid, including the time when a specified quarantine charge is to be paid, the liability of a person's agent to pay charges on that person's behalf and establish late payment fees where charges are not paid in the time prescribed.

 

Subsection 10(a) of the Act provides that a regulation may be made that specifies when a quarantine charge is due and payable.

 

Paragraphs 10(b)(i) and (ii) of the Act provides that a regulation may be made that prescribes that a person's agent will be jointly and severally liable to pay quarantine charges on behalf of that person.

 

Subsection 13(1) of the Act provides that a regulation may be made that provides for a late payment fee to be imposed in circumstances where a quarantine charge is due and payable and has not been paid.

 

Subsection 13(3) of the Act specifies that a regulation may prescribe one or more persons to be liable to pay a late payment fee in relation to a quarantine charge that has not paid.

 

Paragraph 45(2)(a) of the Act provides that a regulation may prescribe matters in relation to the giving of a notice or direction, or the making of any other requirement, under the Act.

 

Purpose

 

The Quarantine Charges (Collection) Regulation 2014 (the Regulation) specifies the method and other details relating to the collection of charges imposed under the Quarantine Charges (Imposition-Customs) Act 2014. In particular, the Regulation specifies the manner in which the quarantine charges are to be paid, including the time when a specified quarantine charge is to be paid, the liability of a person's agent to pay charges on the person's behalf and the establishment of late payment fees where charges are not paid in the time prescribed.

 

Background

 

Biosecurity is currently managed under the Quarantine Act 1908 and related delegated legislation. Biosecurity refers to the management of the risk of pests and diseases entering Australian territory and causing harm to animal, plant and human health, the environment and the economy. Shifting global demands, growing passenger and trade volumes, increasing imports from a growing number of countries and population expansion all contribute to the complexity of the modern biosecurity environment.

Historically, the Department of Agriculture's approach to biosecurity management--under the Quarantine Act--has relied on mandatory border intervention targets for specific imports. This approach did not take into account the varying levels of risk posed by different passengers, goods, import businesses or incursions, or where intervention would be most effective (offshore, onshore or at the border).

 

In recent years, the department has shifted to a risk-based approach to biosecurity management, informed by scientific analysis, intelligence and surveillance that enables higher risk goods, passengers and mail to be targeted for intervention. This has allowed the department to develop world's best biosecurity practice and better manage the increasing volumes of trade and passengers across the Australian border. The risk-based approach allows the department to more effectively target its regulatory efforts without compromising biosecurity risk outcomes. It reduces the cost of delivering frontline services and saves time and money for importing businesses with flow-on benefits to the broader economy.

The Quarantine Charges (Collection) Act 2014 and its companion legislation the Quarantine Charges (Imposition-Customs) Act 2014, enables the department to recover the costs for indirect biosecurity services - particularly the recovery of costs for surveillance, compliance, risk analysis and intelligence capabilities, which are key features of the risk-based approach

 

Impact and Effect

 

The Regulation enables the department to collect charges imposed under the Quarantine Charges (Imposition-Customs) Act 2014 and associated delegated legislation. The Regulation ensures that collection of charges for the provision of indirect biosecurity services occurs in an appropriate manner. This includes ensuring that charges are collected within appropriate timeframes, that charges can only be collected from appropriate persons and, that appropriate penalties exist for when charges are not paid in the time prescribed.

 

Consultation

 

The Office of Best Practice Regulation has been consulted and considers that the legislation will have minor impact (ID 16131).

 

Details of the Quarantine Charges (Collection) Regulation 2014

 

Section 1 - Name of Regulation
This section provides that the name the Regulation is the Quarantine Charges (Collection) Regulation 2014.

Section 2 - Commencement
This section provides for the Regulation to commence on the day after it is registered.

Section 3 - Authority
This section provides for the Regulation to be made under the Quarantine Charges (Collection) Act 2014.

Section 4 - Definitions
This section provides definitions of terms used in the Regulation. Notes are provided on each definition below:

Act
This definition provides that the Act means the Quarantine Charges (Collection) Act 2014

Customs quarantine charge
This definition provides that a 'customs quarantine charge' means a quarantine charge imposed under section 7 of the Quarantine Charges (Imposition-Customs) Act 2014.

Section 5 - Time for payment
This section provides that a customs quarantine charge will be due and payable when a demand for payment of the charge is made. Providing for a customs quarantine charge to become due and payable when a demand for payment of the charge is made allows for the time of payment of charges to be appropriate in all circumstances and to adapt as operational practices evolve.

Section 6 - Agent's ability to pay quarantine charge
This section provides that an agent of a person liable to pay a customs quarantine charge is jointly and severally liable with that person to pay a customs quarantine charge.  This section also provides that, where an agent of a person liable to pay a customs quarantine charge pays the charge on behalf of that person, the agent may recover such an amount from the person as a debt.

By ensuring that an agent of a person is jointly and severally liable to pay a customs quarantine charge where that person is liable to pay a customs quarantine charge, the Commonwealth is able to appropriately recover the charges prescribed under the Quarantine Charges (Imposition-Customs) Act 2014 and ensure that the liability to recover charges will be with the appropriate person or persons.

Section 7 - Late payment fee
This section provides that, in circumstances where a customs quarantine charge is not paid at or before the time the charge is due and payable, a late payment fee will also be due and payable in additional to the charge. This section also provides that the following formula will be used to calculate the amount of a late payment fee in any particular circumstance:

Providing for a late payment fee in circumstances where a customs quarantine charge is due and payable will encourage compliant behaviour in those liable to pay a customs quarantine charge and ensure that quarantine charges are paid on time and that the Commonwealth recovers costs for services already provided.

Section 8 - Person liable to pay late payment fee
This section provides that, if a customs quarantine charge is due and payable and the person liable to pay the charge, or an agent of that person, has not paid the charge at or before the time the charge is due and payable, the person and the agent are jointly and severally liable to pay the late payment fee.

By providing that an agent of a person is jointly and severally liable to pay a late payment fee where that person is liable to pay a late payment fee, the Commonwealth is able to ensure that the liability to pay a late payment fee will be with the appropriate person or persons.

Part 9 - Notices or directions given to agents etc.
This section provides that if a notice or direction in relation to goods or a vessel is given under the Quarantine Charges (Collection) Act 2014 to an agent of the owner, or a person in control, of the goods or the vessel, the notice or direction is taken to have been given to the owner, or the person in control, of the goods or the vessel.

Similarly, if an agent of the owner, or a person in control, of goods or a vessel is required under the Act to do a thing is relation to the goods or the vessel, the owner, or the person in control, of the goods or the vessel is taken to be required to do the thing.

This section ensures that the collection of charges under the Quarantine Charges (Collection) Act 2014 is able to be carried out effectively and efficiently and with due regard to the practical realities of issuing notices, directions or any other requirement under that Act.

 

 

                                                                                                                ATTACHMENT

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

Quarantine Charges (Collection) Regulation 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

 

The Quarantine Charges (Collection) Regulation 2014 prescribes the time charges imposed under the Quarantine Charges (Imposition-Customs) Act 2014 and related legislation are due. The legislation also prescribes who is liable to pay charges for indirect biosecurity services and what penalties may be imposed if those charges are not paid within the time prescribed.

 

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

 

 

 

 

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