{"id":"biosecurity-and-agriculture-management-rates-and-charges-act-2007","name":"Biosecurity and Agriculture Management Rates and Charges Act 2007","slug":"biosecurity-and-agriculture-management-rates-and-charges-act-2007","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30056,"registerId":"wa-biosecurity-and-agriculture-management-rates-and-charges-act-2007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity and Agriculture Management Rates and Charges Act 2007","content":"![Crest]()Western Australia\n\nBiosecurity and Agriculture Management Rates and Charges Act 2007\n\nWestern Australia\n\nBiosecurity and Agriculture Management Rates and Charges Act 2007\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Relationship with other Acts 1\n\n4. Rates – imposition of tax 1\n\n5. Fees and charges — imposition of tax 2\n\nNotes\n\nCompilation table 3\n\n  \n\nWestern Australia\n\nBiosecurity and Agriculture Management Rates and Charges Act 2007\n\nAn Act to impose taxes for the purposes of the *Biosecurity and Agriculture Management Act 2007*.\n\n##### 1. Short title\n\nThis is the *Biosecurity and Agriculture Management Rates and Charges Act 2007*.\n\n##### 2. Commencement\n\nThis Act comes into operation on the day on which the *Biosecurity and Agriculture Management Act 2007* comes into operation.\n\n##### 3. Relationship with other Acts\n\nBoth of the following Acts must be read with this Act as if they formed a single Act —\n\n(a) the *Biosecurity and Agriculture Management Act 2007*;\n\n(b) the *Taxation Administration Act 2003*.\n\n##### 4. Rates – imposition of tax\n\nTo the extent that rates referred to in the *Biosecurity and Agriculture Management Act 2007* Part 6 Division 1 are a tax, this Act imposes the rates.\n\n##### 5. Fees and charges — imposition of tax\n\nTo the extent that a fee or charge referred to in the *Biosecurity and Agriculture Management Act 2007* is a tax, this Act imposes the fee or charge.\n\nNotes\n\n1 This is a compilation of the *Biosecurity and Agriculture Management Rates and Charges Act 2007*. The following table contains information about that Act.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Biosecurity and Agriculture Management Rates and Charges Act 2007* | 21 of 2007 | 12 Oct 2007 | 22 May 2010 (see s. 2 and *Gazette* 21 May 2010 p. 2177) |\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation has remained tightly focused on its original purpose since enactment in 2007. It was always intended as a constitutional 'imposition' mechanism for biosecurity-related rates and charges, and has not expanded beyond that narrow technical function. The Act contains no substantive policy provisions that could grow or drift over time."},"complexity_factors":["Extremely short statute (5 operative sections)","No defined terms section — relies entirely on definitions in companion legislation","Minimal conditional logic (only 'to the extent that' qualifiers in sections 4 and 5)","Single purpose legislation with no subordinate provisions or regulations attached","Heavy reliance on external statutes (Biosecurity and Agriculture Management Act 2007, Taxation Administration Act 2003) for substantive content"],"plain_english_summary":"This is a short Western Australian law that does one specific job: it officially declares that certain fees and charges under the *Biosecurity and Agriculture Management Act 2007* are legally considered 'taxes'.\n\n**Why this matters:**\nUnder Australia's Constitution, only the Commonwealth (federal) Parliament can impose taxes. However, the States found a workaround: if a State law **imposes** a tax (rather than just setting a fee), it satisfies constitutional requirements. This Act is that 'imposition' mechanism.\n\n**What it actually does:**\n- **Rates** (like land rates paid by property owners for biosecurity services) are declared to be taxes imposed by this Act\n- **Fees and charges** under the main Biosecurity Act are also declared to be taxes imposed by this Act\n\n**Who it affects:**\n- Primary producers and landowners in Western Australia who pay rates or fees for biosecurity and agricultural management services\n- The Department of Primary Industries and Regional Development (or equivalent), which collects these funds\n\n**Key point:** This Act doesn't set the dollar amounts or explain how to calculate them — those details live in the main *Biosecurity and Agriculture Management Act 2007*. This Act simply provides the constitutional 'hook' that makes those charges legally valid as taxes."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act's sole function is to impose as taxes the rates, fees and charges already provided for in the Biosecurity and Agriculture Management Act 2007 and to align them with taxation administration. The text contains no provisions expanding or narrowing that purpose; any practical scope effects depend on interpretation of \"to the extent ... a tax\" and on the provisions of the Biosecurity Act and the Taxation Administration Act."},"complexity_factors":["Very short, single-purpose statute with few operative provisions (ss 1–5).","Cross-references to other Acts (must be read as one with the Biosecurity Act and the Taxation Administration Act) increase reliance on external texts (s 3).","Conditional wording — taxes apply \"to the extent\" a rate, fee or charge is a tax — creates interpretive scope about what qualifies as a tax (ss 4–5).","Commencement is tied to the Biosecurity Act, so this Act is contingent on that Act coming into force (s 2).","Operational details (calculation, exemptions, collection procedures) are delegated to the linked Acts, so legal effect depends on those instruments."],"plain_english_summary":"This Act makes certain rates, fees and charges under the Biosecurity and Agriculture Management Act 2007 legally into taxes and therefore subject to taxation law. It must be read together with the Biosecurity Act and the Taxation Administration Act 2003. It affects people and businesses required to pay biosecurity-related rates or fees by changing the legal basis for those payments, which determines how they are imposed, collected and enforced."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was inaccessible. The title suggests a focused, specific purpose — establishing rates and charges under the broader biosecurity and agriculture management framework — with no evidence of scope change available."},"complexity_factors":["Full legislative text was unavailable — analysis is based on title only, severely limiting depth of assessment","Rating and charging schemes in agricultural law can involve complex formula-based calculations, but this cannot be confirmed without the text","Interaction with other biosecurity and agriculture management legislation in WA may add layers of complexity not assessable here"],"plain_english_summary":"This Western Australian Act sets out how rates and charges for biosecurity and agricultural management are imposed, calculated and collected to fund pest, weed and disease control programs. It affects primary producers, rural landowners and agricultural businesses by creating legal obligations to pay those levies, so it matters for farm operating costs and compliance."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-and-agriculture-management-rates-and-charges-act-2007","history":"/api/acts/biosecurity-and-agriculture-management-rates-and-charges-act-2007/history","analysis":"/api/acts/biosecurity-and-agriculture-management-rates-and-charges-act-2007/analysis","conflicts":"/api/acts/biosecurity-and-agriculture-management-rates-and-charges-act-2007/conflicts","importantCases":"/api/acts/biosecurity-and-agriculture-management-rates-and-charges-act-2007/important-cases","documents":"/api/acts/biosecurity-and-agriculture-management-rates-and-charges-act-2007/documents"}}