{"id":"C2014A00017","name":"Biosecurity Charges Imposition (Excise) Act 2015","slug":"biosecurity-charges-imposition-excise-act-2015","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"17 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8479,"registerId":"commonwealth-C2014A00017-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 (Excise) 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 11

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 Note: This table relates only to the provisions of this Act as originally enacted.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":"Act does not impose tax on property of a State","content":"#### 5 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":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Charges","content":"## Part 2—Charges","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Imposition of charges","content":"#### 6 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 excise within the meaning of section 55 of the Constitution.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Matters relating to amount of charges","content":"#### 7 Matters relating to amount of charges\n\n (1) A regulation may prescribe a charge under subsection 6(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 6(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":8},{"sectionNumber":"9","sectionType":"section","heading":"Exemptions from charges","content":"#### 9 Exemptions from charges\n\n A regulation may provide for exemptions from a charge prescribed under subsection 6(1).","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"#### 11 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":11}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on its original purpose: providing constitutional authorisation to impose biosecurity-related charges as excise duties. There is no indication of scope creep or expansion beyond this technical, enabling function."},"complexity_factors":["Constitutional underpinning requires understanding of the distinction between excise duties and other taxes under section 55 of the Australian Constitution","The Act is largely a 'skeleton' law — actual charges are set by regulations made separately, meaning the full picture requires reading subordinate legislation","The section 114 Constitution reference regarding State property exemptions adds a layer of constitutional cross-referencing","Conditional commencement provisions (dependent on commencement of another Act) add minor complexity","The interaction between this Act and companion Acts (Biosecurity Charges Imposition (Customs) and (General) Acts) is not explained within the document itself"],"plain_english_summary":"This Act authorises the Commonwealth to impose fees treated as excise duties for biosecurity services—inspection, permits and other border biosecurity activities—so the taxation power is properly exercised under the Constitution. It affects importers, businesses and industries subject to biosecurity charges (not State governments), requires fees to be set by regulation on a cost‑recovery basis, and extends to specified external territories."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act authorises regulation-made excise-style charges linked to administration of the Biosecurity Act and constrains them to duties of excise (s6(4)). It requires charges to be set to recover no more than the Commonwealth's likely costs (s7(2)) and permits exemptions (s9). It does not, on its face, broaden biosecurity powers or expand taxation beyond excise duties and preserves the exclusion for State property (s5)."},"complexity_factors":["Delegation to regulations for core design and rates (ss6(1), 11) — the Act is short but leaves substantive detail to subordinate instruments.","Constitutional constraint that charges operate only as duties of excise (s6(4)) introduces legal boundary and potential judicial review.","Ministerial satisfaction requirement about cost recovery (s7(2)) creates an evidentiary and administrative compliance step.","Interplay with Biosecurity Act 2015 (subject matter link) and cross-reference to Quarantine Charges (Collection) Act 2014 for commencement timing increases operational linkage.","Enabling of exemptions by regulation (s9) creates discretionary carve-outs that affect who ultimately pays.","Commencement provisions with conditional start tied to another Act add a technical timing dependency (s2)."],"plain_english_summary":"This Act lets the Commonwealth, by regulation, impose charges treated as excise taxes on matters connected with administering the Biosecurity Act 2015. The government (via regulations and the Governor‑General) decides what is charged; those subject to the prescribed matter (for example importers or users of biosecurity services) pay.\n\nThe Minister must be satisfied charges are set to recover no more than the Commonwealth’s likely costs (s7(2)), charges are limited to duties of excise (s6(4)), exemptions may be prescribed (s9), and the Act can extend to listed external Territories (s4)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing a constitutional vehicle for imposing biosecurity charges as excise duties. It has not expanded beyond this narrow technical function."},"complexity_factors":["Very short statute (only 11 sections)","Minimal defined terms (only one definition in section 5)","Simple conditional logic limited to commencement provisions","Heavy reliance on delegated legislation (regulations) for actual operation — the Act itself is essentially a shell that enables future regulations","No nested exceptions or complex cross-referencing within the Act itself","Constitutional safeguard in section 6(4) limiting operation to excise duties"],"plain_english_summary":"This law creates a framework for the Australian Government to charge fees (called 'charges') for biosecurity services. These are services that protect Australia from pests, diseases, and other biological threats coming into the country.\n\n**What it does:**\n- Allows the government to create regulations that set fees for biosecurity-related activities\n- These fees are technically classified as 'excise' taxes (a type of tax on goods) to satisfy constitutional requirements\n- The fees must be designed to recover costs only — the government can't profit from them\n\n**Who it affects:**\n- Anyone who uses biosecurity services (importers, travellers, businesses bringing goods into Australia)\n- The fees apply across Australia and extend to Christmas Island and Cocos (Keeling) Islands\n\n**Key protections:**\n- Fees cannot be charged on property belonging to Australian States (due to constitutional restrictions)\n- The Minister must ensure fees only cover actual costs, not generate profit\n- Regulations can create exemptions for certain people or situations\n\n**Why it matters:**\nThis is one of three linked laws that allow the government to fund biosecurity protection through user-pays charges rather than general taxation. It specifically deals with charges that constitutionally must be treated as excise duties."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-charges-imposition-excise-act-2015","history":"/api/acts/biosecurity-charges-imposition-excise-act-2015/history","analysis":"/api/acts/biosecurity-charges-imposition-excise-act-2015/analysis","conflicts":"/api/acts/biosecurity-charges-imposition-excise-act-2015/conflicts","importantCases":"/api/acts/biosecurity-charges-imposition-excise-act-2015/important-cases","documents":"/api/acts/biosecurity-charges-imposition-excise-act-2015/documents"}}