1 Name
of Determination [see Note
1]
This Determination is the Quarantine Service Fees Determination 2005.
2 Commencement
[see Note 1]
This Determination commences on the day it is
registered.
3 Revocation
of previous determinations
This Determination revokes all previous
determinations made under section 86E of the Act, except the Quarantine
Service Fees 2003‑2005 (Australia Post) Determination 2003.
4 Application
(1) The fees set out in this Determination apply in
relation to services provided under the Act after 30 June 2005.
(2) Despite the revocation by section 3 of this
Determination of the Quarantine Service Fees Determinations 2001, those
Determinations have effect in relation to services provided after the
commencement of this Determination and before 1 July 2005.
5 Definitions
(1) In this Determination:
Act means the Quarantine Act 1908.
application, in relation to a permit, means
an application for a permit or an application for a variation of a permit.
AQIS means the Australian Quarantine
and Inspection Service.
AQIS entry management system means an
electronic import control system maintained and administered by AQIS.
AQIS holiday, for the performance of a
service, means a Monday, Tuesday, Wednesday, Thursday or Friday that:
(a) is a day observed as a public holiday in the
place in which the service is performed; or
(b) falls in the period beginning on 27 December
and ending on 31 December in a year.
assessable item: see subsections (2) and (3).
assessment fee means a fee set out in column
3 of Division 2 or 4A of Part 1 of Schedule 1.
combined military
activity means a military operation or a military training activity
(excluding exhibitions, displays and air shows) where the Australian Defence
Force and at least one other foreign military force act together to accomplish
a military objective.
electronic lodgment of an application means
lodgment of an application using an AQIS electronic import permit application
system.
entry means:
(a) an entry lodged electronically or manually
on an AQIS entry management system for the purpose of giving notice under
subsection 16AC (1) or (2) of the Act; or
(b) an entry lodged on ICS.
full import declaration means an entry lodged
on ICS that contains the information mentioned in the table in subregulation
50 (2).
ICS means the electronic system known as the
Integrated Cargo System, maintained by the Australian Customs Service and
administered by both the Australian Customs Service and AQIS.
import declaration means:
(a) a full import declaration; or
(b) a self-assessed clearance declaration.
initial assessment period, for an assessment,
means the period identified as the initial assessment period in the item of
Schedule 1 that relates to the assessment.
in-office, in relation to the performance of
a service, means the performance of the service at a location where services of
an officer are available on an on-going
basis.
intake period, for an equine animal, means
the period beginning when the animal arrives at a quarantine station and ending
when the official quarantine period begins.
lodgment fee means a fee set out in column 3
of Division 1A or 4 of Part 1 of Schedule 1.
non-standard goods means:
(a) goods for which AQIS has no established
import permit conditions; and
(b) live animals and animal reproductive material.
official quarantine
period, for an equine animal, means the 14-day period, or any longer
period that the Director of Quarantine specifies in a particular case, in which
the animal is kept in quarantine (by itself or with other animals):
(a) during which no other equine animal arrives
at the quarantine station; and
(b) ending immediately before the animal is
released from quarantine.
ordinary hours of duty means the period that
begins at 6.30 am and ends at 6.30 pm on any weekday.
permit means a permit
mentioned in section 13 of the Act.
quarantine approved premises means premises
that constitute a place approved under section 46A of the Act.
self-assessed clearance declaration means an entry lodged on ICS that contains the information mentioned in
the table in subregulation 51 (2).
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 does not include:
(a) a lodgment mentioned in column 2 of an
item in Division 1A or 4 of Part 1 of Schedule 1; or
(b) an assessment mentioned in column 2 of
an item in Division 2 or 4A of Part 1 of Schedule 1.
Note The exclusion of the specified
lodgments and assessments from the definition of service does not
affect the extent to which fees may be determined for those lodgments and
assessments under section 86E of the Act.
standard goods means goods, other than live
animals and animal reproductive material, for which
AQIS has established import permit conditions.
thoroughbred stallion means a stallion that:
(a) is qualified to be, or is, recorded as a
thoroughbred in the Australian Stud Book (which is the organisation so called
the proprietors of which are Australian Jockey Club Limited and Victoria Racing
Club Limited); or
(b) is qualified to be, or is, recorded as a
thoroughbred in a stud book approved by the International Stud Book Committee.
weekday, for the performance of a service, means a Monday, Tuesday,
Wednesday, Thursday or Friday that is not an AQIS holiday in the place where
the service is performed.
working day, for the performance of a
service, means a period of 7.5 hours for which an officer performs the service
during the ordinary hours of duty on a weekday.
working week, for the performance
of a service, means 5 consecutive working days for which an officer performs
the service.
Note For the meaning of basic fee,
late payment fee and payment day, see section 86E of the
Act.
(2) Subject to subsection (3), 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.
(3) If:
(a) 2 or more items on an application for a
permit, or on an application for the variation of a permit, relate to standard
goods (whether or not the goods are of the same class); and
(b) the goods have a similar level of quarantine
risk;
the items are taken to be 1 assessable item.
Note Subsection (3) enables a single fee
to be charged for goods that have a similar level of quarantine risk.
6 Fees
payable for services
(1) For section 86E of the Act, the fee payable for a
service mentioned in column 2 of an item in Schedule 1 is:
(a) the amount set out in, or worked out in
accordance with, column 3 of the item for the service; and
(b) any additional fee imposed under subsection
(2), (3) or (4).
(2) If an officer performs a service mentioned in Division 1
of Part 1 of Schedule 1 outside the officer’s ordinary hours of duty, an
additional fee worked out in accordance with the relevant item in Division 3 of
that Part is payable.
(3) Also, if an officer performs a service mentioned in
Division 1 of Part 4 of Schedule 1 outside the officer’s usual hours of duty,
an additional fee worked out in accordance with the relevant item in Division 2
of that Part is payable.
(4) In addition, if an officer performs a service
mentioned in Division 1 of Part 5 of Schedule 1 outside the officer’s
ordinary hours of duty, an additional fee worked out in accordance with the
relevant item in Division 2 of that Part is payable.
(5) If a person requests a service to be provided at a
particular time, and the provision of the service at that time would attract an
additional fee under this section, AQIS must tell the person about the
additional fee before the service is provided.
6A Fees
for applications and entries
Lodgment fees
(1) For section 86E of the Act, a fee is required
to be paid for a lodgment mentioned in column 2 of an item in
Division 1A or 4 of Part 1 of Schedule 1. The amount of the fee
is set out in, or worked out in accordance with, column 3 of the item.
Assessment fees
(2) For section 86E of the Act, a fee is required
to be paid for an assessment mentioned in column 2 of an item in
Division 2 or 4A of Part 1 of Schedule 1. The amount of the fee
is set out in, or worked out in accordance with, column 3 of the item.
Assessments outside ordinary hours of duty
(3) 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, a fee is required to be paid. The amount of the fee is
worked out in accordance with the relevant item in Division 3 of that Part
as if all references in that Division to:
(a) a service were references to an assessment;
and
(b) the performance of a service were references
to the conducting of an assessment.
(4) If a person requests an assessment to be conducted
at a particular time, and conducting the assessment at that time would attract
a fee under subsection (3), AQIS must tell the person about the fee before
the assessment is conducted.
Note Section 8 deals with when an
additional fee must be paid.
Approval of co-located premises under section 46A of the Act
(5) If:
(a) a person operates more than 1 premises at
the same location; and
(b) applications mentioned in column 2 of an
item in Division 4 or 4A of Part 1 of Schedule 1 are lodged in
respect of 2 or more of those premises for a financial year;
a fee under this section is only required in respect of the first
application.
Note Divisions 4 and 4A of
Part 1 of Schedule 1 relate to lodgment fees and assessment fees for
applications for approval and renewals of approval of premises under
section 46A of the Act.
7 Multiple
fees
Unless the contrary intention appears, each fee
required by this Determination in respect of a service, lodgment or assessment
is in addition to each other fee required by this Determination to be paid in
respect of the service, lodgment or assessment.
8 Due
date for payment of fees
(1) A fee required by section 6 of this Determination
must be paid:
(a) if the fee relates to a service for which
the fees can be worked out before the service is provided and the amount of the
fee is worked out before the service is provided — on demand for payment;
or
(b) in any other case —
by the close of business on the last day for payment of the fee shown on an
invoice issued by AQIS.
(2) A fee required by subsection 6A (1) must be
paid when the application or entry is lodged.
(3) A fee required by subsection 6A (2) for an
initial assessment period must be paid when the application or entry is lodged.
(4) A fee required by this Determination to which none
of subsections (1), (2) or (3) applies must be paid by
the close of business on the last day for payment of the fee shown on an
invoice issued by AQIS.
(5) 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.
(6) 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.
(7) If a fee is required to be paid in respect of the
lodgment of an application or entry, the application or entry is taken not to
be lodged until the fee is paid.
(8) If a fee is required to be paid before an
application or entry is assessed, a quarantine officer is not required to
conduct the assessment until the fee is paid.
8C Persons
by whom fees are payable
(1) A fee required by this Determination for the
lodgment of an application or entry is payable by the person who
lodges the application or entry.
(2) Any other fee required under this Determination is
payable by the person to whom the relevant service is, or is to be, provided.
9 Late
payment fee
(1) If a basic fee is not paid by the payment day for
the fee, a late payment fee, worked out in accordance with subsection (2), is
payable in addition to the basic fee.
(2) The late payment fee
is:

where:
days overdue is the number of days after the
payment day that elapse before the day on which the basic fee is paid.
Note For the meaning of basic fee,
late payment fee and payment day, see section 86E of the
Act.
10 When this Determination does not apply
(1) This Determination does not apply to services performed,
or to applications or entries lodged or assessed, in relation to:
(a) the importation of goods:
(i) for the official use of a diplomatic
mission in Australia; or
(ii) for the personal use of a
diplomatic agent of the mission; or
(iii) for the personal use of a member
of the diplomatic agent’s family, if the person forms part of the diplomatic
agent’s household and is not an Australian citizen; or
(b) the importation of goods for the personal use
of a member of the administrative or technical staff (the staff member)
of a diplomatic mission at the time of first installation, if the staff member
is neither an Australian citizen nor permanently resident in
Australia; or
(c) the importation of goods for the personal
use of a member of the staff member’s family at the time of first installation,
if the person forms part of the staff member’s household and is neither an
Australian citizen nor permanently resident in Australia; or
(d) vessels or equipment used by the defence
force of a foreign country that is engaged in a combined military activity if
the Australian Defence Force has informed AQIS of the operation; or
(e) the importation into Australia of disability
assistance dogs.
(2) In addition, this Determination does not apply in
relation to the following services provided by AQIS under the Act:
(a) the examination of personal luggage that
arrives in Australia aboard the same vessel as the owner or importer of the
goods;
(b) the screening or inspection of international
postal items that arrive in Australia.
(3) In paragraph 1 (e):
disability assistance dog, for a dog that is
imported, means a dog:
(a) that has been professionally trained to
assist a person with a disability; and
(b) that, at the time of importation, is
accompanying a person with such a disability who has a certificate from a
medical specialist practitioner in a speciality relevant to the disability,
that the person requires the assistance of such a dog.