{"id":"C2015A00093","name":"Export Charges (Imposition—Customs) Act 2015","slug":"export-charges-imposition-customs-act-2015","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"93 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":54892,"registerId":"commonwealth-C2015A00093-current","compilationNumber":null,"startDate":"2026-04-02","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 Export 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

Provisions

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.

29 June 2015

2. Sections 3 to 15

The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of the Export Charges (Collection) Act 2015.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

30 June 2015

\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 Note: This table relates only to the provisions of this Act as originally enacted.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 of this Act to external Territories and other areas","content":"#### 4 Extension of this Act to external Territories and other areas\n\n (1) Subject to subsection (2), this Act does not extend to the external Territories.\n (2) If rules made for the purposes of paragraph 8(2)(a) of the Export Control Act 2020 extend that Act, or any provisions of that Act, to an external Territory, then this Act extends to that external Territory.\n (3) If rules made for the purposes of paragraph 8(2)(b) of the Export Control Act 2020 extend that Act, or any provisions of that Act, to an area adjacent to an external Territory, then this Act extends to that area.\n (4) If rules made for the purposes of paragraph 8(2)(c) of the Export Control Act 2020 extend that Act, or any provisions of that Act, to an area outside the Australian fishing zone in relation to which the Fisheries Management Act 1991 applies, under regulations made for the purposes of section 8 of the Fisheries Management Act 1991, then this Act extends to that area.","sortOrder":4},{"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":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Charges in relation to the export of certain goods","content":"## Part 2—Charges in relation to the export of certain goods","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Imposition of charges","content":"#### 7 Imposition of charges\n\n (1) The regulations may prescribe a charge in relation to the export of a kind of goods covered by the Export Control Act 2020.\n (2) The charges prescribed for the purposes of subsection (1) are imposed as taxes.\n (3) Two or more charges may be prescribed in relation to the same kind of goods, and a single charge may be prescribed in relation to 2 or more kinds of goods.\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":7},{"sectionNumber":"8","sectionType":"section","heading":"Matters relating to amount of charges","content":"#### 8 Matters relating to amount of charges\n\n (1) The regulations may prescribe a charge for the purposes of 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 regulations for the purposes of subsection 7(1) prescribing a charge in relation to the export of a kind of goods, 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 export of the goods.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Exemptions from charges","content":"#### 10 Exemptions from charges\n\n The regulations may provide for exemptions from a charge prescribed for the purposes of subsection 7(1).","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Charges in relation to certain matters relating to the export of certain goods","content":"## Part 3—Charges in relation to certain matters relating to the export of certain goods","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Imposition of charges","content":"#### 11 Imposition of charges\n\n (1) The regulations may prescribe a charge in relation to a matter relating to the export of a kind of goods if:\n (a) the export of goods of that kind is covered by the Export Control Act 2020; or\n (b) provision in relation to the matter is made under the Export Control Act 2020.\n (2) The charges prescribed for the purposes of 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 is a duty of customs within the meaning of section 55 of the Constitution.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Matters relating to amount of charges","content":"#### 12 Matters relating to amount of charges\n\n (1) The regulations may prescribe a charge for the purposes of subsection 11(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 regulations for the purposes of subsection 11(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":12},{"sectionNumber":"14","sectionType":"section","heading":"Exemptions from charges","content":"#### 14 Exemptions from charges\n\n The regulations may provide for exemptions from a charge prescribed for the purposes of subsection 11(1).","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 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":15}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original scope. It was enacted in 2015 to provide the constitutional basis for cost-recovery charges on exports, replacing earlier legislation. The 2020 amendments updated references from the old Export Control Act 1982 to the new Export Control Act 2020, but this was a technical update rather than an expansion of scope. The Act remains tightly focused on its original purpose: enabling the imposition of customs-related charges on exports and export-related services."},"complexity_factors":["Very short statute (only 15 sections)","Minimal defined terms (only one explicit definition in section 6)","Heavy reliance on delegated legislation — actual charges and exemptions are left to regulations, not contained in the Act itself","Simple structure with clear Parts: Preliminary, two charging Parts, and Miscellaneous","Constitutional safety provisions (sections 7(4) and 11(4)) ensuring charges are 'duties of customs' under s 55 of the Constitution","No nested exceptions or complex conditional logic within the Act text"],"plain_english_summary":"This law allows the Australian Government to charge fees (called 'charges') on certain goods being exported from Australia, and on certain activities related to exporting those goods.\n\n**What it does:**\n- **Part 2** lets the government set charges on the export of goods that are regulated under the *Export Control Act 2020* (things like live animals, meat, dairy, plants, etc.).\n- **Part 3** lets the government set charges on specific matters related to exporting those goods — for example, inspections, certifications, or other regulatory services.\n\n**Key features:**\n- The actual amounts aren't in this Act — they're set later in **regulations** (separate rules made by the Governor-General).\n- Any charges must only recover the Commonwealth's actual costs — they can't be profit-making (sections 8 and 12).\n- The charges are technically classified as **taxes** and **duties of customs** to satisfy constitutional requirements (sections 7 and 11).\n- The regulations can also create **exemptions** from these charges.\n\n**Who it affects:**\n- Australian exporters of regulated goods (farmers, meat processors, grain traders, etc.).\n- Anyone using government export certification or inspection services.\n\n**Why it matters:**\nThis is the legal foundation that lets the government charge exporters for regulatory services. Without this Act, those fees might be unconstitutional. It ensures 'user pays' — exporters cover the cost of the government's role in ensuring their products meet foreign market requirements."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains consistent with its original intent: to provide the constitutional and legislative foundation for imposing cost-recovery charges on regulated exports as customs duties. It does not appear to have expanded beyond its original narrow enabling purpose."},"complexity_factors":["Constitutional layering: charges must satisfy the definition of 'duty of customs' under section 55 of the Constitution, adding a technical legal constraint not obvious on the face of the Act","Delegated legislation dependency: the Act is essentially a framework — actual charge amounts and exemptions are set by regulations, meaning the full picture requires reading multiple instruments","Companion legislation references: meaningful interpretation requires cross-referencing the Export Control Act 2020, Export Charges (Collection) Act 2015, and Fisheries Management Act 1991","Split commencement: provisions commence at different times and some would not have commenced at all if the companion Act had not passed","Geographic complexity: territorial application depends on rules made under a separate Act","Dual charge structure: two distinct charging regimes (export of goods vs. related matters) with parallel provisions that could cause confusion"],"plain_english_summary":"The Act authorises the Australian Government to impose customs-style charges on the export of goods regulated under the Export Control Act 2020, and on related export activities. \n\nIt chiefly affects Australian exporters of regulated products (eg, agricultural and timber exports) by allowing cost-recovery fees for inspections and approvals — the legal basis that makes those export charges lawful."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"No change from the Act as originally enacted is indicated in the supplied text. The Act grants the executive power to prescribe export-related charges by regulation, limits charges to recover no more than likely Commonwealth costs, allows exemptions, and sets commencement and territorial-extension rules."},"complexity_factors":["Delegation to regulations to create charges rather than specifying rates in the Act (ss 7, 11)","Charges are imposed as taxes/duties of customs and limited by the constitutional concept of duty of customs (ss 7(4), 11(4))","Rules on amount: either fixed amounts or methods for calculation (ss 8(1), 12(1))","Ministerial satisfaction required that charges recover no more than Commonwealth’s likely costs (ss 8(2), 12(2)) — introduces administrative judgment and evidential needs","Regulations may create exemptions, adding complexity to compliance and administration (ss 10, 14)","Cross‑references and dependence on the Export Control Act 2020 for scope of goods and matters, and on rules under that Act for territorial application (s 4; ss 7(1), 11(1))","Commencement contingent on another statute (Export Charges (Collection) Act 2015), creating sequencing risk (s 2)","Broad regulation‑making power to carry the Act into effect increases delegated legislative detail and executive discretion (s 15)","Practical compliance burden falls on exporters and any intermediaries required to collect or remit the charges (implied across Parts 2–3)"],"plain_english_summary":"Creates a regulatory power allowing regulations to impose charges (treated as customs duties) on the export of goods covered by the Export Control Act 2020 and on matters connected to those exports. \n\nThe Minister must be satisfied charges are set to recover no more than the Commonwealth’s likely costs; regulations may set amounts or calculation methods and may provide exemptions. This affects exporters and service providers by shifting some export-control costs onto regulated parties, introducing compliance obligations and executive discretion over rates and exemptions."}},"importantCases":[],"_links":{"self":"/api/acts/export-charges-imposition-customs-act-2015","history":"/api/acts/export-charges-imposition-customs-act-2015/history","analysis":"/api/acts/export-charges-imposition-customs-act-2015/analysis","conflicts":"/api/acts/export-charges-imposition-customs-act-2015/conflicts","importantCases":"/api/acts/export-charges-imposition-customs-act-2015/important-cases","documents":"/api/acts/export-charges-imposition-customs-act-2015/documents"}}