Biosecurity Charges Imposition (General) Act 2015

No. 18, 2014

Compilation No.   1

Compilation date: 16 June 2016

Includes amendments up to: Act No. 49, 2015

Registered: 21 June 2016

About this compilation

This compilation

This is a compilation of the Biosecurity Charges Imposition (General) Act 2015 that shows the text of the law as amended and in force on 16 June 2016 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

3 Act binds the Crown 2

4 Extension to external Territories 2

5 Extraterritorial application 2

6 Act does not impose tax on property of a State 3

Part 2—Charges 4

7 Imposition of charges 4

8 Matters relating to amount of charges 4

10 Exemptions from charges 4

Part 4—Miscellaneous 5

12 Regulations 5

Endnotes 6

Endnote 1—About the endnotes 6

Endnote 2—Abbreviation key 8

Endnote 3—Legislation history 9

Endnote 4—Amendment history 10

An Act to impose, as taxes, charges in relation to matters connected with the administration of the Biosecurity Act 2015, so far as those charges are neither duties of customs nor duties of excise, and for related purposes

 1 Preliminary
1 Short title

This Act may be cited as the Biosecurity Charges Imposition (General) Act 2015.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 31 March 2014
2. Sections 3 to 12 The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of section 3 of the Quarantine Charges (Collection) Act 2014. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 1 April 2014 (paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Act binds the Crown

This Act binds the Crown in each of its capacities.
4 Extension to external Territories 1

This Act extends to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.

 2

A regulation may extend this Act or any provisions of this Act to any other external Territory that is prescribed by the regulation.
5 Extraterritorial application

This Act extends to acts, omissions, matters and things outside:

 a

Australia and any external Territory to which a provision of this Act extends; and

 b

the airspace over an area covered by paragraph (a); and

 c

(c) the coastal sea (Acts Interpretation Act 1901) of Australia and of any external Territory to which a provision of this Act extends.as defined in subsection 15B(4) of the

Note: Under section 4:

 a

all provisions of this Act extend to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands; and

 b

a regulation may extend any or all provisions of this Act to one or more other external Territories.
6 Act does not impose tax on property of a State 1

This Act does not impose a tax on property of any kind belonging to a State.

 2

In this section:

property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
2 Charges
7 Imposition of charges 1

(1) A regulation may prescribe a charge in relation to a prescribed matter connected with the administration of the Biosecurity Act 2015.

 2

The charges prescribed under subsection (1) are imposed as taxes.

 3

Two or more charges may be prescribed in relation to the same matter, and a single charge may be prescribed in relation to 2 or more matters.

 4

This section imposes a charge only so far as that charge is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution.
8 Matters relating to amount of charges 1

A regulation may prescribe a charge under subsection 7(1):

 a

by specifying an amount as the charge; or

 b

by specifying a method for calculating the amount of the charge.

 2

Before the Governor-General makes a regulation under subsection 7(1) prescribing a charge in relation to a matter, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the matter.
10 Exemptions from charges

A regulation may provide for exemptions from a charge prescribed under subsection 7(1).
4 Miscellaneous
12 Regulations

The Governor-General may make regulations prescribing matters:

 a

required or permitted by this Act to be prescribed; or

 b

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Quarantine Charges (Imposition—General) Act 2014 18, 2014 31 Mar 2014 s 3–12: 1 Apr 2014 (s 2(1) item 2) Remainder: 31 Mar 2014 (s 2(1) item 1)
Quarantine Charges (Imposition—General) Amendment Act 2015 49, 2015 26 May 2015 Sch 1: 16 June 2016 (s 2(1) item 2) —

Endnote 4—Amendment history
Provision affected How affected
Title am No 49, 2015
Part 1
s 1 am No 49, 2015
s 5 rs No 49, 2015
Part 2
s 7 rs No 49, 2015
s 9 rep No 49, 2015
Part 3 rep No 49, 2015
s 11 rep No 49, 2015