{"id":"F2015L01872","name":"Imported Food Charges (Collection) Regulation 2015","slug":"imported-food-charges-collection-regulation-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"190 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93661,"registerId":"commonwealth-F2015L01872-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":"Name","content":"#### 1 Name\n\n  This is the Imported Food Charges (Collection) Regulation 2015.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Imported Food Charges (Collection) Act 2015.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Imported Food Charges (Collection) Act 2015.\n\n> imported food charge (customs) means a charge imposed under section 6 of the Imported Food Charges (Imposition—Customs) Act 2015.\n\n> imported food charge (general) means a charge imposed under section 6 of the Imported Food Charges (Imposition—General) Act 2015.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Paying imported food charges","content":"## Part 2—Paying imported food charges","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Time for payment","content":"#### 5 Time for payment\n\n  For the purposes of paragraph 8(a) of the Act, an imported food charge (customs), or an imported food charge (general), is due and payable:\n    (a) if the Department issues an invoice in relation to the charge that specifies the last day for payment of the charge—by close of business on that day; or\n    (b) in any other case—when a demand for payment of the charge is made.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Agent’s liability to pay imported food charge","content":"#### 6 Agent’s liability to pay imported food charge\n\n  (1) For paragraph 8(b) of the Act, an agent of a person liable to pay an imported food charge (customs), or an imported food charge (general), is jointly and severally liable with that person to pay the charge.\n  (2) If:\n    (a) a person is liable to pay an imported food charge (customs) or an imported food charge (general); and\n    (b) an agent of the person pays the charge on behalf of the person; and\n    (c) at the time the payment is made, the agent has not collected an amount equivalent to the charge from the person;\n  the agent may recover such an amount from the person as a debt due to the agent.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Unpaid imported food charges","content":"## Part 3—Unpaid imported food charges","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Late payment fee","content":"#### 7 Late payment fee\n\n  (1) For subsection 11(1) of the Act, if an imported food charge (customs), or an imported food charge (general), (the relevant charge) is not paid at or before the time the relevant charge is due and payable, a late payment fee, worked out in accordance with subsection (2), is due and payable in addition to the relevant charge.\n  (2) The late payment fee is worked out using the following formula:\n  ![Start formula start fraction 0.2 times Relevant charge times Days overdue over 365 end fraction end formula](image.002.png)\n  where:\n\n> days overdue is the number of days after the relevant charge is due and payable that elapse before the day on which the relevant charge is paid.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Person liable to pay late payment fee","content":"#### 8 Person liable to pay late payment fee\n\n  For subsection 11(3) of the Act, if an imported food charge (customs), or an imported food charge (general), is not paid at or before the time the charge is due and payable, the person who is liable to pay the charge, and any agent of that person, are jointly and severally liable to pay a late payment fee in relation to the charge under section 7 of this instrument.","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not change which imported food items are charged. It prescribes collection mechanics only—payment timing (s5), who is liable and when agents can recover payments (s6), and the late fee calculation and who pays it (s7–s8)—so it clarifies collection and penalty procedures rather than expanding substantive scope."},"complexity_factors":["Cross-references to multiple Acts (Imported Food Charges (Collection) Act 2015 and two Imposition Acts) increase legal linkage and dependency (s3, s4).","Payment timing rule has two alternatives (invoice-specified due date vs. demand), requiring tracking of invoice dates and demand events (s5).","Agent liability is joint and several with the person liable, creating potential multiple-recovery paths and coordination issues between principals and agents (s6(1), s8).","Agent recovery right is conditional (agent may recover if they paid and had not collected the amount), requiring factual proof of collection attempts or lack thereof (s6(2)).","Late fee is formula-based and requires precise day counting (days overdue) and pro‑rata calculation (0.2 × relevant charge × days overdue / 365), creating operational and rounding questions (s7(2)).","Late fee is an additional debt payable by both the person liable and any agent, expanding parties potentially exposed to enforcement (s7(1), s8).","Limited procedural detail on invoice issuance, demand mechanisms, and enforcement leaves operational discretion to the administering Department (s5; instrument generally)."],"plain_english_summary":"This Regulation sets the collection rules for imported food charges: when payments are due, who is liable, and how late fees are calculated. It applies to importers and their agents and governs payment timing, agent joint-and-several liability, an agent’s right to recover payments made on behalf of a principal, and a formula for a pro‑rata late fee (20% pa)."},"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":2,"scope_assessment":{"changed":false,"description":"This regulation remains tightly focused on its original purpose: establishing procedural mechanisms for collecting imported food charges. It covers payment timing, agent liability, and late fees—exactly what would be expected for a collection regulation made under the Imported Food Charges (Collection) Act 2015. No scope creep is evident."},"complexity_factors":["Very short instrument (only 8 sections)","Only 3 defined terms in the interpretation section","Minimal cross-referencing (only references to parent Act and related Imposition Acts)","Simple conditional logic (if/then structures in sections 5, 6, 7, and 8)","Single mathematical formula (section 7) with clear variables","No nested exceptions or complex definitional chains","Straightforward administrative machinery provisions"],"plain_english_summary":"This regulation prescribes how fees for imported food in Australia are charged and recovered: payment is due by an invoice date or when the Department demands it, and importers are primarily liable. Agents acting for importers (e.g., brokers) are jointly and severally liable, so the government can recover the full amount from either party; agents who pay can seek reimbursement from importers.\n\nLate fees apply at 0.2 × charge × days overdue ÷ 365 (about 20% p.a.). It ensures cost recovery for biosecurity and food‑safety controls."}},"importantCases":[],"_links":{"self":"/api/acts/imported-food-charges-collection-regulation-2015","history":"/api/acts/imported-food-charges-collection-regulation-2015/history","analysis":"/api/acts/imported-food-charges-collection-regulation-2015/analysis","conflicts":"/api/acts/imported-food-charges-collection-regulation-2015/conflicts","importantCases":"/api/acts/imported-food-charges-collection-regulation-2015/important-cases","documents":"/api/acts/imported-food-charges-collection-regulation-2015/documents"}}