{"id":"C2015A00096","name":"Imported Food Charges (Collection) Act 2015","slug":"imported-food-charges-collection-act-2015","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"96 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":54902,"registerId":"commonwealth-C2015A00096-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 Imported Food Charges (Collection) 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. The whole of this Act

The day after this Act receives the Royal Assent.

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 Note: This table relates only to the provisions of this Act as originally enacted.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":"Simplified outline of this Act","content":"#### 3 Simplified outline of this Act\n\nThis Act is about the collection of imported food charges.\n\nPart 2 deals with the payment of imported food charges. The regulations may prescribe the time when imported food charges are due and payable. The regulations may also prescribe rules relating to the liability of agents to pay imported food charges and the recovery of such charges.\n\nPart 3 deals with unpaid imported food charges. A late payment fee may be payable if an imported food charge is not paid on time. If a person does not pay an imported food charge or late payment fee, the Secretary may do either or both of the following:\n\n(a) suspend or revoke one or more imported food control instruments of the person;\n\n(b) direct that certain things not be done in relation to the person until the charge or fee is paid.\n\nPart 4 deals with a number of miscellaneous matters, including the remission or refund of imported food charges and late payment fees and the review of decisions to suspend or revoke an imported food control instrument of a person.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds the Crown","content":"#### 4 Act binds the Crown\n\n This Act binds the Crown in each of its capacities.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Extension to certain external Territories","content":"#### 5 Extension to certain external Territories\n\n This Act does not extend to Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands unless the Imported Food Control Act 1992 extends to that Territory.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n (1) In this Act:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> imported food charge means a charge imposed under:\n\n (a) section 6 of the Imported Food Charges (Imposition—Customs) Act 2015; or\n (b) section 6 of the Imported Food Charges (Imposition—Excise) Act 2015; or\n (c) section 6 of the Imported Food Charges (Imposition—General) Act 2015.\n\n> imported food control instrument of a person means:\n\n (a) a food control certificate given to the person; or\n (b) an approval under subsection 19(1A) of the Imported Food Control Act 1992 of an overseas food processing operation conducted by the person; or\n (c) a determination under subsection 19(2) of that Act that relates to an overseas food processing operation conducted by the person; or\n (d) a compliance agreement to which the person is a party; or\n (e) an approval (however described) given to the person under that Act that is prescribed by the regulations.\n\n> internal reviewer means the Secretary or a person referred to in paragraph 17(3)(b).\n\n> late payment fee: see subsection 11(1).\n\n> protected person means:\n\n (a) the Secretary; or\n (b) a person given a direction under subsection 12(5); or\n (c) a person who is given information or documents in accordance with a notice given under subsection 16(1); or\n (d) a delegate of the Secretary under section 21.\n (2) An expression used in this Act that is also used in the Imported Food Control Act 1992 has the same meaning in this Act as it has in that Act.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Paying imported food charges","content":"## Part 2—Paying imported food charges","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 7 Simplified outline of this Part\n\nThis Part deals with the payment of imported food charges. The regulations may prescribe the time when imported food charges are due and payable. The regulations may also prescribe rules relating to the liability of agents to pay imported food charges and the recovery of such charges.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Paying imported food charges","content":"#### 8 Paying imported food charges\n\n The regulations may do either or both of the following:\n (a) prescribe the time when a specified imported food charge is due and payable;\n (b) prescribe rules relating to:\n (i) the liability of a person’s agent to pay imported food charges on behalf of the person; and\n (ii) the recovery of such charges from the person by the agent.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Commonwealth liable to pay imported food charges and late payment fees","content":"#### 9 Commonwealth liable to pay imported food charges and late payment fees\n\n (1) The Commonwealth is not liable to pay an imported food charge or late payment fee that is payable under this Act or the regulations. However, it is the Parliament’s intention that the Commonwealth should be notionally liable to pay such a charge or fee.\n (2) The Finance Minister may give such written directions as are necessary or convenient for carrying out or giving effect to subsection (1) and, in particular, may give directions in relation to the transfer of money within an account, or between accounts, operated by the Commonwealth.\n (3) Directions under subsection (2) have effect, and must be complied with, despite any other Commonwealth law.\n (4) Directions under subsection (2) are not legislative instruments.\n (5) In subsections (1) and (2):\n\n> Commonwealth includes a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that cannot be made liable to taxation by a Commonwealth law.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Unpaid imported food charges","content":"## Part 3—Unpaid imported food charges","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 10 Simplified outline of this Part\n\nThis Part deals with unpaid imported food charges. A late payment fee may be payable if an imported food charge is not paid on time. If a person does not pay an imported food charge or late payment fee, the Secretary may do either or both of the following:\n\n(a) suspend or revoke one or more imported food control instruments of the person;\n\n(b) direct that certain things not be done in relation to the person until the charge or fee is paid.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Late payment fee","content":"#### 11 Late payment fee\n\n (1) If the regulations prescribe the time when an imported food charge is due and payable, the regulations may also prescribe a fee (a late payment fee) that is due and payable if the imported food charge is not paid at or before that time.\n (2) Without limiting subsection (1), a late payment fee may relate to each day or part of a day that the imported food charge remains unpaid after becoming due and payable.\n (3) The regulations may prescribe one or more persons who are liable to pay a late payment fee in relation to a specified imported food charge.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Action by the Secretary if imported food charges or late payment fees are unpaid","content":"#### 12 Action by the Secretary if imported food charges or late payment fees are unpaid\n\n (1) This section applies in relation to a person (the debtor) who is liable to pay an imported food charge or late payment fee that is due and payable.\n Suspension or revocation of imported food control instruments\n (2) The Secretary may, by written notice given to the debtor:\n (a) suspend one or more imported food control instruments of the debtor until the imported food charge or late payment fee is paid; or\n (b) revoke one or more imported food control instruments of the debtor.\n (3) The notice given under subsection (2) must set out the reasons for the decision and notice of the debtor’s right to have the decision reviewed. However, a failure to comply with this subsection does not affect the validity of the decision.\n\n> Note: For review of the decision, see sections 17 and 19.\n\n (4) Subsection (2) does not limit any other power to suspend or revoke an imported food control instrument of the debtor.\n Directions by Secretary\n (5) The Secretary may, orally or in writing, direct a person not to do one or more of the following until the imported food charge or late payment fee is paid:\n (a) give a food control certificate to the debtor;\n (b) issue an imported food inspection advice to the debtor;\n (c) approve under subsection 19(1A) of the Imported Food Control Act 1992 an overseas food processing operation conducted by the debtor;\n (d) make a determination under subsection 19(2) of that Act that relates to an overseas food processing operation conducted by the debtor;\n (e) enter into a compliance agreement with the debtor;\n (f) carry out specified activities, or specified kinds of activities, in relation to the debtor under that Act.\n (6) If a direction under subsection (5) is given in writing, the direction is not a legislative instrument.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Recovery of imported food charges and late payment fees","content":"#### 13 Recovery of imported food charges and late payment fees\n\n An imported food charge or a late payment fee that is due and payable to the Commonwealth under this Act may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 14 Simplified outline of this Part\n\nThis Part deals with a number of miscellaneous matters, including the remission or refund of imported food charges and late payment fees and the review of decisions to suspend or revoke an imported food control instrument of a person.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Remitting or refunding imported food charges and late payment fees","content":"#### 15 Remitting or refunding imported food charges and late payment fees\n\n (1) The Secretary may, if the Secretary considers it appropriate to do so, remit or refund the whole or part of an imported food charge or a late payment fee that is payable, or has been paid, to the Commonwealth.\n (2) The Secretary may do so on his or her own initiative or on written application by a person.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Power to require information or documents","content":"#### 16 Power to require information or documents\n\n (1) If the Secretary believes on reasonable grounds that a person has information or documents relevant to:\n (a) the operation of this Act; or\n (b) an imported food charge;\n the Secretary may, by written notice, require the person to give a person specified in the notice the information or documents specified in the notice within the period specified in the notice.\n (2) The period specified in the notice must be at least 14 days after the notice is given under subsection (1).\n (3) A person commits an offence if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Internal review of delegate’s decision to suspend or revoke imported food control instruments","content":"#### 17 Internal review of delegate’s decision to suspend or revoke imported food control instruments\n\n Application for review\n (1) If a delegate of the Secretary suspends or revokes an imported food control instrument of a person under subsection 12(2), the person may apply to the Secretary for review of the decision (the original decision).\n\n> Note: For review of a decision made personally by the Secretary, see section 19.\n\n (2) The application must:\n (a) be in writing; and\n (b) set out the reasons for the application; and\n (c) be made within:\n (i) 30 days after the person was notified of the original decision; or\n (ii) if the Secretary allows a longer period (whether before or after the end of that 30 day period)—that longer period.\n Review of decision\n (3) On receiving the application, the Secretary must either:\n (a) review the original decision personally; or\n (b) cause the original decision to be reviewed by a person:\n (i) who was not involved in making the decision; and\n (ii) who occupies a position senior to the delegate who made the decision.\n (4) The internal reviewer may:\n (a) affirm, vary or set aside the original decision; and\n (b) if the internal reviewer sets aside the original decision—make such other decision as he or she thinks appropriate.\n (5) The decision (the decision on review) of the internal review takes effect:\n (a) on the day specified in the decision on review; or\n (b) if a day is not specified—on the day the decision on review was made.\n Notice of decision on review\n (6) After a decision on review is made, the internal reviewer must give the applicant a written notice containing:\n (a) the terms of the decision; and\n (b) the reasons for the decision; and\n (c) notice of the applicant’s right to have the decision reviewed by the Administrative Review Tribunal.\n However, a failure to comply with this subsection does not affect the validity of the decision on review.\n Failure to give notice\n (7) For the purposes of section 19, the Secretary is taken to have affirmed the original decision if the applicant does not receive notice of the decision on review (if any) within 90 days after the application for review of the original decision was made.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Secretary may require further information from review applicants","content":"#### 18 Secretary may require further information from review applicants\n\n (1) The Secretary may, by written notice, require a person who has made an application under section 17 to give the Secretary further information about the application.\n (2) The Secretary may refuse to consider the application until the person gives the Secretary the information.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Review by the Administrative Review Tribunal","content":"#### 19 Review by the Administrative Review Tribunal\n\n Applications may be made to the Administrative Review Tribunal for review of:\n (a) a decision to suspend or revoke an imported food control instrument of a person under subsection 12(2) that was made by the Secretary personally; or\n (b) a decision of the internal reviewer made under section 17 that relates to a decision to suspend or revoke an imported food control instrument of a person under subsection 12(2).","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Protection from civil proceedings","content":"#### 20 Protection from civil proceedings\n\n No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith:\n (a) by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act; or\n (b) by a person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Delegations by Secretary","content":"#### 21 Delegations by Secretary\n\n (1) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department all or any of the Secretary’s powers or functions under this Act.\n\n> Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.\n\n (2) In exercising powers or functions delegated under subsection (1), the delegate must comply with any directions of the Secretary.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Regulations","content":"#### 22 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":25}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"No amendments or later‑stage modifications are shown in the supplied text. The Act, as enacted, is narrowly focused on collection, enforcement and recovery of imported food charges and related administrative actions, tied to the Imported Food Control Act 1992; there is no evidence in the provided material that its scope has changed from the original enactment."},"complexity_factors":["Delegation of key details to regulations (timing, agent liability, late fee structure) creates operational complexity (s8, s11).","Broad administrative discretion vested in the Secretary to suspend/revoke instruments and give directions affecting market participants (s12, s15).","Cross‑references to the Imported Food Control Act 1992 for defined terms and instrument types require reading across statutes (s6(2), definitions).","Enforcement combines civil recovery, administrative suspension and penal notice powers (debt recovery s13; penalty for non‑compliance with information notices s16(3)).","Internal and external review routes and time limits introduce procedural steps (internal review ss17–18; AAT review s19).","Finance Minister may issue non‑legislative directions that operate despite other Commonwealth law, affecting accounting treatment (s9(2)–(4)).","Delegation to SES delegates and requirement to follow Secretary directions creates layers of decision‑making and potential variation in exercise (s21)."],"plain_english_summary":"Establishes a framework for charging, collecting and recovering fees on imported food. Regulations set when charges and late fees are payable and may make agents liable; unpaid amounts can be recovered as debts and can trigger suspension or revocation of imported‑food approvals or directions by the Secretary until payment (see ss 8,11–13,12). The Secretary can require information and may remit or refund charges; the Finance Minister may give written directions about internal Commonwealth accounting (see ss 15,16,9)."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act does what its title and structure suggest — it establishes a collection and enforcement framework for imported food charges. The scope appears consistent with the original intent: creating administrative machinery (payment rules, penalties for non-payment, review rights) to support the substantive charging regime in the companion Imposition Acts. No evidence of scope creep or narrowing is apparent from the text."},"complexity_factors":["Relies heavily on regulations for key operational details (fee amounts, due dates, liable persons), meaning the Act alone is incomplete without reading the accompanying regulations","Cross-references multiple other Acts (Imported Food Control Act 1992, three separate Imposition Acts, Public Governance Performance and Accountability Act 2013) requiring readers to consult several documents","The 'notional liability' mechanism for Commonwealth entities involves a constitutional legal concept that is non-intuitive for laypersons","Two-tier review system (internal review then Administrative Review Tribunal) with different rules depending on whether the original decision was made by the Secretary personally or by a delegate","Protective immunity provisions for 'protected persons' require understanding of who qualifies and what conduct is covered","The definition of 'imported food control instrument' encompasses five distinct categories of approvals and certificates"],"plain_english_summary":"This Act creates the enforcement and payment framework for fees on imported food in Australia, affecting commercial food importers, their agents, and government bodies that issue food control certificates. It lets regulations set when fees are due, so timing can change without new legislation.\n\nNon‑payment triggers late fees, suspension or cancellation of import approvals, withholding of official assistance, and recovery actions in court. There are internal review and tribunal appeal routes, and a legal fiction to treat Commonwealth imports as liable so internal payments flow."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing the collection framework for imported food charges. The scope has not expanded beyond the administrative machinery for fee collection, enforcement of unpaid charges, and review rights. The Act defers substantive operational matters to regulations, which is consistent with its original design as a framework statute."},"complexity_factors":["Short statute (22 sections) with straightforward structure following standard Australian legislative template","Heavy reliance on delegated legislation - most operational details (payment timing, late fee amounts, agent liability rules) left to regulations rather than primary legislation","Cross-references to three companion Imposition Acts and the Imported Food Control Act 1992 for definitions and context","Nested definitions in section 6, including 'imported food control instrument' which aggregates five different types of permits/approvals/certificates","Conditional logic in enforcement provisions (section 12) with alternative remedies (suspension OR revocation OR directions)","Standard administrative law machinery provisions (internal review in section 17, ART review in section 19) adding procedural complexity","Crown immunity provisions with 'notional liability' concept requiring Finance Minister directions (section 9)"],"plain_english_summary":"This law sets up the system for collecting fees (called 'charges') that importers must pay when bringing food into Australia. These charges help pay for the government's food safety inspection and control system.\n\n**What it does:**\n- **Collects fees**: The law works alongside three other Acts that actually impose the charges (customs, excise, and general charges). This Act handles how and when those fees get paid.\n- **Late payment penalties**: If importers don't pay on time, they can be hit with late fees that may increase daily until paid.\n- **Enforcement tools**: If someone doesn't pay, the Secretary (the senior public servant in charge) can suspend or cancel their food import permits and approvals. The Secretary can also direct other officials to stop dealing with that importer until they pay up.\n- **Payment rules**: The detailed rules about when payments are due and who pays (including agents acting on behalf of importers) are left to regulations rather than being spelled out in the Act itself.\n\n**Who it affects:**\n- **Food importers**: Anyone bringing food into Australia who must pay inspection charges.\n- **Customs brokers/agents**: People who handle import paperwork and may be liable for paying charges on behalf of importers.\n- **The Department of Agriculture (or successor agency)**: The Secretary and delegated officials who administer the system.\n\n**Why it matters:**\nThis is the 'teeth' of Australia's imported food safety regime. Without this collection mechanism, the government couldn't fund the inspection system that keeps unsafe food off Australian shelves. The threat of losing import permits gives the government leverage to ensure fees are paid, while the review rights (internal review and Administrative Review Tribunal) protect importers from unfair decisions.\n\n**Key features:**\n- The Commonwealth government itself is 'notionally' liable for these charges (meaning they account for them on paper) but doesn't actually pay them.\n- Unpaid debts can be recovered through court action.\n- The Secretary can remit (waive) or refund charges in appropriate cases.\n- Decisions to suspend or revoke import permits can be reviewed first internally, then by the Administrative Review Tribunal (ART)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/imported-food-charges-collection-act-2015","history":"/api/acts/imported-food-charges-collection-act-2015/history","analysis":"/api/acts/imported-food-charges-collection-act-2015/analysis","conflicts":"/api/acts/imported-food-charges-collection-act-2015/conflicts","importantCases":"/api/acts/imported-food-charges-collection-act-2015/important-cases","documents":"/api/acts/imported-food-charges-collection-act-2015/documents"}}