{"id":"C2015A00095","name":"Export Charges (Imposition—General) Act 2015","slug":"export-charges-imposition-general-act-2015","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"95 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":54899,"registerId":"commonwealth-C2015A00095-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—General) 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 Note: This table relates only to the provisions of this Act as originally enacted.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 neither a duty of customs nor a duty of excise 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 charge is neither a duty of customs nor a duty of excise 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":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original intended scope as a framework imposition act. It was designed to be a constitutional 'enabling' statute that authorizes charges without specifying them, leaving detail to regulations. The structure (Parts 2 and 3 covering goods and related matters respectively) suggests a deliberate, contained design rather than scope creep."},"complexity_factors":["Short statute with only 15 sections across 4 Parts","Minimal defined terms (only one explicit definition in section 6(2))","Heavy reliance on delegated legislation—most substantive details (actual charge amounts, exemptions, specific goods covered) are left to regulations yet to be made","Constitutional safeguards requiring careful drafting to avoid section 55 issues (customs/excise duties)","Conditional commencement provisions linking to companion legislation (Export Charges (Collection) Act 2015)","Territorial extension mechanism is conditional on rules made under the Export Control Act 2020 rather than direct application"],"plain_english_summary":"This law allows the Australian Government to charge fees (called 'charges') to businesses that export certain goods regulated under the Export Control Act 2020. Think of it as the legal foundation that lets the government bill exporters for services like inspections, certifications, and other regulatory activities needed to get goods out of the country.\n\n**What it does:**\n- **Part 2** lets the government impose charges directly on the export of specific goods (like meat, dairy, or grain that need export approval).\n- **Part 3** lets the government impose charges for related matters—things connected to exporting but not the export itself (like applying for an export permit or getting a health certificate).\n\n**Who it affects:**\n- Australian exporters of regulated goods (farmers, food processors, mining companies, etc.)\n- Anyone who needs government services or approvals to export goods covered by the Export Control Act 2020\n\n**Key protections built in:**\n- The charges must be set at a level that only recovers the government's actual costs—no profit-making allowed (sections 8 and 12).\n- The government can create exemptions for certain situations (sections 10 and 14).\n- The charges are legally structured as 'taxes' to satisfy constitutional requirements, but they're carefully designed not to be customs duties or excise duties (which have special constitutional restrictions).\n\n**Why it matters:**\nWithout this law, the government couldn't legally charge exporters for regulatory services. This ensures export industries pay their fair share of the costs for the regulatory system that ensures Australian exports meet international standards and market access requirements."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No indication in the supplied text that the Act’s scope has been altered from its original enactment. The Act delegates power to make regulations imposing export charges within limits described in the text; no amendments or contrary material were provided."},"complexity_factors":["Delegation to regulation‑making power to impose charges rather than setting amounts in the Act itself (ss7, 11, 15).","Ministerial satisfaction test requiring charges be set to recover no more than the Commonwealth’s likely costs — leaves material judgment to the executive (ss8(2), 12(2)).","Charges may be specified as fixed amounts or by formula/method, creating varied implementation and calculation complexity (ss8(1), 12(1)).","Regulations may create exemptions, adding conditionality and administrative rules to apply (ss10, 14).","Constitutional and statutory limits: charges cannot be duties of customs or excise and the Act does not tax State property (s7(4), s6).","Commencement dependency on other instruments (Export Charges (Collection) Act 2015 and Export Control Act 2020) and territorial extension via Export Control Act rules (s2, s4) increases inter‑instrument interaction.","Compliance burden and enforcement fall on exporters or persons subject to export controls; collection mechanisms are left to delegated instruments (ss7, 11, 15).","Potential ambiguity in the phrase 'likely costs' and in what export‑related 'matters' may be charged, leaving scope and valuation partly discretionary (ss8(2), 12(2), 11)."],"plain_english_summary":"This Act lets the Commonwealth impose export‑related charges by regulation on goods or export matters covered by the Export Control Act 2020; those charges are taxes and may be set as fixed amounts or by a calculation method (ss7, 11, 8, 12).\n\nExporters and other persons subject to export controls pay the charges; the Minister must be satisfied charges recover no more than the Commonwealth’s likely costs and regulations may allow exemptions, so the executive decides rates and affected parties face compliance and cost‑recovery incentives (ss8(2), 12(2), 10, 14)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to operate within its originally stated scope — it is an imposition Act designed to levy cost-recovery charges on exporters of regulated goods. The two-part structure (charges on goods, and charges on related matters) is consistent with standard cost-recovery frameworks. No evidence of scope creep from the text provided."},"complexity_factors":["Constitutional references (section 55 and section 114 of the Constitution) require background legal knowledge to fully understand","The Act is largely a framework/enabling law — the substantive detail lives in separate regulations, meaning the full picture requires reading multiple documents","Two parallel charge structures (Part 2 and Part 3) that are similar but distinct, which can cause confusion","Territorial extension provisions depend on rules made under a separate Act (Export Control Act 2020), creating cross-legislative dependency","The distinction between 'duties of customs', 'duties of excise', and 'taxes' requires constitutional literacy to appreciate","Staged commencement provisions tied to a separate Act's commencement adds procedural complexity"],"plain_english_summary":"This Act lets the Australian Government impose fees (set by regulation) on the export of certain regulated goods and on activities tied to the export process. It mainly affects Australian exporters—eg, meat, grain and seafood businesses—by providing the legal basis for the charges they pay for approvals, inspections and certifications.\n\nThe charges are treated as taxes, must be limited to cost recovery, can include exemptions, cannot apply to State property or be customs/excise, and generally exclude external territories unless extended."}},"importantCases":[],"_links":{"self":"/api/acts/export-charges-imposition-general-act-2015","history":"/api/acts/export-charges-imposition-general-act-2015/history","analysis":"/api/acts/export-charges-imposition-general-act-2015/analysis","conflicts":"/api/acts/export-charges-imposition-general-act-2015/conflicts","importantCases":"/api/acts/export-charges-imposition-general-act-2015/important-cases","documents":"/api/acts/export-charges-imposition-general-act-2015/documents"}}