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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Fees and Charges)
Bill 2015
No. , 2015
(Immigration and Border Protection)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
No. , 2015
Customs Amendment (Fees and Charges) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Customs Act 1901
3
No. , 2015
Customs Amendment (Fees and Charges) Bill 2015
1
A Bill for an Act to amend the Customs Act 1901,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Customs Amendment (Fees and
5
Charges) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Customs Amendment (Fees and Charges) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as Schedule 1 to the
Customs Depot Licensing Charges
Amendment Act 2015 commences.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2015
Customs Amendment (Fees and Charges) Bill 2015
3
Schedule 1
--Amendments
1
2
Customs Act 1901
3
1 Paragraph 71BA(2)(a)
4
Omit "$23.20", substitute "$23.00".
5
2 Paragraph 71BA(2)(a)
6
Omit "$34.80", substitute "$34.00".
7
3 Paragraph 71BA(2)(b)
8
Omit "$60.00", substitute "$63.00".
9
4 Paragraph 71BA(2)(b)
10
Omit "$90.00", substitute "$94.00".
11
5 Subsection 77F(1) (definition of depot licence application
12
charge)
13
Omit "Depot".
14
6 Subsection 77F(1) (definition of depot licence charge)
15
Omit "Depot".
16
7 Subsection 77F(1) (definition of depot licence variation
17
charge)
18
Omit "Depot".
19
8 Subsection 77W(1A) (definition of annual rate)
20
Omit "Depot".
21
9 Subsection 78(1)
22
Insert:
23
warehouse licence application charge means the warehouse
24
licence application charge imposed by the Customs Licensing
25
Charges Act 1997 and payable as set out in section 80.
26
Schedule 1 Amendments
4
Customs Amendment (Fees and Charges) Bill 2015
No. , 2015
warehouse licence charge means the warehouse licence charge
1
imposed by the Customs Licensing Charges Act 1997 and payable
2
as set out in section 85.
3
warehouse licence variation charge means the warehouse licence
4
variation charge imposed by the Customs Licensing Charges Act
5
1997 and payable as set out in section 81B of this Act.
6
10 At the end of section 80
7
Add:
8
; and (g) be accompanied by the warehouse licence application charge.
9
11 At the end of subsection 81B(2)
10
Add:
11
; and (e) be accompanied by the warehouse licence variation charge.
12
12 Section 85
13
Repeal the section, substitute:
14
85 Licence charges
15
Grant of licence
16
(1) A warehouse licence charge is payable in respect of the grant of a
17
warehouse licence by the person or partnership seeking the grant.
18
(2) A person or partnership liable to pay a warehouse licence charge in
19
respect of the grant of a warehouse licence must pay the charge in
20
accordance with section 85A.
21
Renewal of licence
22
(3) A warehouse licence charge is payable in respect of the renewal of
23
a warehouse licence by the holder of the licence.
24
(4) The holder of a warehouse licence liable to pay a warehouse
25
licence charge in respect of the renewal of the warehouse licence
26
must pay the charge in accordance with section 85A.
27
Amendments Schedule 1
No. , 2015
Customs Amendment (Fees and Charges) Bill 2015
5
85A Payment of warehouse licence charge
1
(1) A warehouse licence charge in respect of the grant, or the renewal,
2
of a warehouse licence must be paid in accordance with the
3
regulations.
4
(2) Without limiting subsection (1), the regulations may make
5
provision for and in relation to the following:
6
(a) the payment of the charge in instalments;
7
(b) the day or days before the end of which the charge, or
8
instalments of the charge, must be paid.
9
13 Paragraph 86(1)(h)
10
Repeal the paragraph, substitute:
11
(h) an amount of a warehouse licence charge payable in respect
12
of the licence remains unpaid more than 28 days after the day
13
the amount was due to be paid.
14
14 After section 87
15
Insert:
16
87A Refund of warehouse licence charge
17
If:
18
(a) a warehouse licence is cancelled before the end of a financial
19
year; and
20
(b) the person or partnership (the former holder) who held the
21
licence before its cancellation has paid some or all of the
22
warehouse licence charge for that financial year;
23
the former holder is entitled to a refund of an amount worked out
24
in accordance with the regulations.
25
15 Section 180
26
Insert:
27
customs broker licence application charge means the customs
28
broker licence application charge imposed by the Customs
29
Licensing Charges Act 1997 and payable as set out in
30
section 183CA.
31
Schedule 1 Amendments
6
Customs Amendment (Fees and Charges) Bill 2015
No. , 2015
customs broker licence charge means the customs broker licence
1
charge imposed by the Customs Licensing Charges Act 1997 and
2
payable as set out in section 183CJA.
3
16 At the end of subsection 183CA(1)
4
Add:
5
; and (g) be accompanied by the customs broker licence application
6
charge.
7
17 After section 183CJ
8
Insert:
9
183CJA Licence charges
10
Grant of licence
11
(1) A customs broker licence charge is payable in respect of the grant
12
of a broker's licence by the person seeking the grant.
13
(2) A person liable to pay a customs broker licence charge in respect
14
of the grant of a broker's licence must pay the charge before the
15
end of the day the licence comes into force.
16
Renewal of licence
17
(3) A customs broker licence charge is payable in respect of the
18
renewal of a broker's licence by the holder of the licence.
19
(4) The holder of a broker's licence liable to pay a customs broker
20
licence charge in respect of the renewal of the broker's licence
21
must pay the charge before the end of the day the renewal of the
22
licence comes into force.
23
18 Section 183CL
24
Repeal the section.
25
19 Paragraph 183CQ(1)(f)
26
Repeal the paragraph, substitute:
27
(f) a customs broker licence charge payable in respect of the
28
licence remains unpaid more than 28 days after the day the
29
charge was due to be paid; or
30
Amendments Schedule 1
No. , 2015
Customs Amendment (Fees and Charges) Bill 2015
7
20 After subsection 270(1)
1
Insert:
2
(1A) The regulations may make provision for and in relation to the
3
following:
4
(a) the charging and recovery of fees in respect of any matter
5
under this Act or the regulations;
6
(b) the way, including the currency, in which fees are to be paid;
7
(c) the persons who may be paid fees on behalf of the
8
Commonwealth;
9
(d) the remission, refund or waiver of fees of a kind referred to in
10
paragraph (a) or the exempting of persons from the payment
11
of such fees.
12
21 Application provision
--warehoused goods declaration fee
13
The amendments of section 71BA of the Customs Act 1901 made by
14
this Schedule apply in relation to an import declaration made on or after
15
the commencement of this item.
16
22 Application and saving provisions
--warehouse licences
17
(1)
The amendment of section 80 of the Customs Act 1901 made by this
18
Schedule applies in relation to an application for a warehouse licence
19
made on or after the commencement of this item.
20
(2)
The amendment of section 81B of the Customs Act 1901 made by this
21
Schedule applies in relation to an application for a variation of a
22
warehouse licence made on or after the commencement of this item.
23
(3)
Subsections 85(1) and (2) of the Customs Act 1901, as amended by this
24
Act, apply in relation to a warehouse licence granted on or after the
25
commencement of this item.
26
(4)
Subsections 85(3) and (4) of the Customs Act 1901, as amended by this
27
Act, apply in relation to the renewal of a warehouse licence, where the
28
renewal decision under subsection 84(1) of that Act was made on or
29
after the commencement of this item (whether the licence was granted
30
before, on or after that commencement).
31
(5)
Section 85 of the Customs Act 1901, as in force immediately before the
32
commencement of this item, and regulations for the purposes of that
33
Schedule 1 Amendments
8
Customs Amendment (Fees and Charges) Bill 2015
No. , 2015
section, as so in force, continue to apply on and after that
1
commencement in relation to:
2
(a) a fee (an old fee) for the grant of a warehouse licence, where
3
the grant was before that commencement; or
4
(b) a fee (an old fee) for the renewal of a warehouse licence,
5
where the renewal decision under subsection 84(1) of that
6
Act was made before that commencement.
7
(6)
The amendment of subsection 86(1) of the Customs Act 1901 made by
8
this Schedule applies in relation to a warehouse licence granted before,
9
on or after the commencement of this item.
10
(7)
Paragraph 86(1)(h) of the Customs Act 1901, as in force immediately
11
before the commencement of this item, continues to apply on and after
12
that commencement in relation to an old fee.
13
(8)
Section 87A of the Customs Act 1901, as inserted by this Act, applies in
14
relation to cancellations made on or after the commencement of this
15
item, where a warehouse licence charge had been paid on or after that
16
commencement.
17
23 Application and saving provisions
--customs broker
18
licences
19
(1)
The amendment of section 183CA of the Customs Act 1901 made by
20
this Schedule applies in relation to an application for a broker's licence
21
made on or after the commencement of this item.
22
(2)
Subsections 183CJA(1) and (2) of the Customs Act 1901, as amended
23
by this Act, apply in relation to a broker's licence granted on or after the
24
commencement of this item.
25
(3)
Subsections 183CJA(3) and (4) of the Customs Act 1901, as amended
26
by this Act, apply in relation to the renewal of a broker's licence, where
27
the renewal decision under subsection 183CJ(1) of that Act was made
28
on or after the commencement of this item (whether the licence was
29
granted before, on or after that commencement).
30
(4)
Section 183CL of the Customs Act 1901, as in force immediately before
31
the commencement of this item, and regulations for the purposes of that
32
section, as so in force, continue to apply on and after that
33
commencement in relation to:
34
Amendments Schedule 1
No. , 2015
Customs Amendment (Fees and Charges) Bill 2015
9
(a) a fee (an old fee) for the grant of a broker's licence, where
1
the grant was before that commencement; or
2
(b) a fee (an old fee) for the renewal of a broker's licence, where
3
the renewal decision under subsection 183CJ(1) of that Act
4
was made before that commencement.
5
(5)
The amendment of subsection 183CQ(1) of the Customs Act 1901 made
6
by this Schedule applies in relation to a broker's licence granted before,
7
on or after the commencement of this item.
8
(6)
Paragraph 183CQ(1)(f) of the Customs Act 1901, as in force
9
immediately before the commencement of this item, continues to apply
10
on and after that commencement in relation to an old fee.
11