{"id":"C2014A00016","name":"Biosecurity Charges Imposition (Customs) Act 2015","slug":"biosecurity-charges-imposition-customs-act-2015","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"16 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8478,"registerId":"commonwealth-C2014A00016-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Biosecurity Charges Imposition (Customs) Act 2015.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (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.\n\n```html\n

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)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted.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.\n\n (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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Act binds the Crown","content":"#### 3 Act binds the Crown\n\n This Act binds the Crown in each of its capacities.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extension to external Territories","content":"#### 4 Extension to external Territories\n\n (1) This Act extends to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.\n (2) A regulation may extend this Act or any provisions of this Act to any other external Territory that is prescribed by the regulation.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Extraterritorial application","content":"#### 5 Extraterritorial application\n\n This Act extends to acts, omissions, matters and things outside:\n (a) Australia and any external Territory to which a provision of this Act extends; and\n (b) the airspace over an area covered by paragraph (a); and\n (c) the coastal sea (as defined in subsection 15B(4) of the Acts Interpretation Act 1901) of Australia and of any external Territory to which a provision of this Act extends.\n\n> Note: Under section 4:\n\n (a) all provisions of this Act extend to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands; and\n (b) a regulation may extend any or all provisions of this Act to one or more other external Territories.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act does not impose tax on property of a State","content":"#### 6 Act does not impose tax on property of a State\n\n (1) This Act does not impose a tax on property of any kind belonging to a State.\n (2) In this section:\n\n> property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Charges","content":"## Part 2—Charges","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Imposition of charges","content":"#### 7 Imposition of charges\n\n (1) A regulation may prescribe a charge in relation to a prescribed matter connected with the administration of the Biosecurity Act 2015.\n (2) The charges prescribed under subsection (1) are imposed as taxes.\n (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.\n (4) This section imposes a charge only so far as that charge is a duty of customs within the meaning of section 55 of the Constitution.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Matters relating to amount of charges","content":"#### 8 Matters relating to amount of charges\n\n (1) A regulation may prescribe a charge under subsection 7(1):\n (a) by specifying an amount as the charge; or\n (b) by specifying a method for calculating the amount of the charge.\n (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.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Exemptions from charges","content":"#### 10 Exemptions from charges\n\n A regulation may provide for exemptions from a charge prescribed under subsection 7(1).","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Regulations","content":"#### 12 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing a constitutional basis for imposing biosecurity charges as customs duties. The framework delegates operational details to regulations, which is the intended design rather than scope creep."},"complexity_factors":["Very short statute (only 12 sections, with several being standard machinery provisions like short title and commencement)","Minimal defined terms (only one explicit definition in section 6, referencing the Constitution)","Simple conditional logic limited to commencement provisions and constitutional limitations (section 7(4))","Heavy reliance on delegated legislation—most substantive content (actual charges, exemptions, calculations) is left to regulations rather than primary legislation","No nested exceptions or complex cross-referencing within the Act itself","Standard constitutional safeguards (section 6 protecting State property, section 7(4) limiting to customs duties)"],"plain_english_summary":"This law allows the Australian Government to charge fees (called 'charges') for biosecurity services related to goods coming into Australia through customs.\n\n**What it does:**\n- **Creates a framework for fees**: The law sets up a system where the Governor-General can make regulations (rules) that impose charges on people or businesses for biosecurity activities connected to the Biosecurity Act 2015.\n- **Limits the charges**: These charges are treated as taxes, but specifically as 'duties of customs' (a type of tax on imports allowed under the Constitution). The charges must only recover the Commonwealth's actual costs—no profit allowed.\n- **Flexible fee structure**: Charges can be set as fixed amounts or calculated using a formula. Multiple charges can apply to the same activity, or one charge can cover multiple activities.\n- **Exemptions allowed**: The regulations can also create exemptions, so some people or situations might not have to pay.\n\n**Who it affects:**\n- **Importers and businesses** bringing goods into Australia who need biosecurity clearance or services.\n- **The Australian Government**, specifically the Department of Agriculture, Fisheries and Forestry (or whichever department handles biosecurity), which collects these fees to cover its costs.\n\n**Where it applies:**\n- **Australia and its external territories**, specifically Christmas Island and Cocos (Keeling) Islands, with potential extension to other territories.\n- **Extraterritorially**: It also applies to acts outside Australia (like on international flights or ships heading to Australia) that relate to biosecurity matters.\n\n**Why it matters:**\nBiosecurity protects Australia from pests, diseases, and weeds that could harm agriculture, environment, and human health. This law ensures that the people who use biosecurity services help pay for them, rather than all taxpayers bearing the full cost. It's part of a broader system—this specific Act deals with the 'customs' aspect (imports), working alongside other legislation that covers different types of biosecurity charges."},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on its original purpose: imposing biosecurity-related charges as customs duties under the constitutional framework. There is no evidence of scope creep — it functions as one part of a deliberate suite of companion charging Acts (customs, excise, and general) designed to cover all constitutional heads of charging power."},"complexity_factors":["Constitutional framing: the Act exists specifically to impose charges as 'duties of customs' under section 55 of the Constitution, requiring companion Acts for other charge types — this structural split is confusing without legal context","Charges are not set in the Act itself but delegated to regulations made by the Governor-General, meaning the actual fee amounts are found elsewhere","Extraterritorial application provisions add geographic complexity","Reference to multiple other Acts (Biosecurity Act 2015, Acts Interpretation Act 1901, Quarantine Charges (Collection) Act 2014) requires reading across several documents for full understanding","The cost-recovery cap in section 8(2) requires the Minister to make a judgment call before any charge is set, adding a procedural layer not visible on the face of the Act"],"plain_english_summary":"This Act lets the government set and collect regulated charges from people and businesses involved in Australia’s biosecurity system—importers, carriers, vessels, and anyone subject to biosecurity inspections. Charges are set by regulation, limited to cost recovery, may include exemptions, bind the Crown, and extend to external territories. In short: border biosecurity checks can attract government fees administered as regulated, customs‑duty‑style charges."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No change: the supplied text is the Act as originally enacted and delegates the power to impose and design biosecurity charges to regulations. There are no amendments or broadened powers in this text beyond the original regulatory scheme (see commencement table note and relevant provisions)."},"complexity_factors":["Regulation-dependent scheme: the Act delegates substantive design and rates of charges to regulations rather than setting them in the Act (s7, s8, s12).","Constitutional constraint: charges are limited to those that are duties of customs within s55 of the Constitution, adding a legal boundary to regulatory scope (s7(4)).","Ministerial precondition: a subjective or objective satisfaction requirement that amounts recover no more than Commonwealth’s likely costs creates administrative discretion and a potential evidentiary burden (s8(2)).","Flexibility in charging method: regulations may specify fixed amounts or calculation methods, increasing options and possible complexity in application (s8(1)).","Exemptions power: regulations may create classes of exemptions, producing compliance and interpretive considerations (s10).","Territorial reach: explicit extension to external Territories and extraterritorial application may raise cross-jurisdictional questions (s4, s5).","Interaction with other statutes and commencement arrangements: commencement cross-reference to the Quarantine Charges (Collection) Act 2014 and connection to the Biosecurity Act 2015 creates dependency on external instruments (commencement table, s7).","Binding the Crown: the Act binds the Crown in each capacity, affecting how charges apply to government property and activities (s3; s6 limits taxation of State property)."],"plain_english_summary":"This Act lets regulations impose customs-style biosecurity charges (taxes) connected to administration of the Biosecurity Act 2015.\n\nThe Governor‑General makes regulations that set amounts or calculation methods; the Minister must be satisfied charges recover no more than the Commonwealth’s likely costs; regulations may provide exemptions. Charges are constrained to duties of customs (s7(4)). The Act binds the Crown and extends to specified external Territories and extraterritorially."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-charges-imposition-customs-act-2015","history":"/api/acts/biosecurity-charges-imposition-customs-act-2015/history","analysis":"/api/acts/biosecurity-charges-imposition-customs-act-2015/analysis","conflicts":"/api/acts/biosecurity-charges-imposition-customs-act-2015/conflicts","importantCases":"/api/acts/biosecurity-charges-imposition-customs-act-2015/important-cases","documents":"/api/acts/biosecurity-charges-imposition-customs-act-2015/documents"}}