Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsGeneral
(1) For section 10 of the Act, the charge prescribed in relation to a biosecurity matter by section 9 of this instrument is not payable if the biosecurity matter relates to:
(a) goods brought or imported into Australian territory:
(i) for the official use of a diplomatic mission in Australian territory; or
(ii) for the personal use of a diplomatic agent of the mission; or
(iii) for the personal use of a member of the diplomatic agent's family, if the person forms part of the diplomatic agent's household and is not an Australian citizen; or
(b) goods brought or imported into Australian territory for the personal use of a member of the administrative or technical staff (the staff member ) of a diplomatic mission at the time of first placement, if the staff member is neither an Australian citizen nor permanently resident in Australia; or
(c) goods brought or imported into Australian territory for the personal use of a member of the staff member's family at the time of first placement, if the person forms part of the staff member's household and is neither an Australian citizen nor permanently resident in Australia; or
(d) conveyances or equipment used by the defence force of a foreign country that is engaged in a combined military activity if the Australian Defence Force has informed the Director of Biosecurity; or
(e) a disability assistance dog brought or imported into Australian territory; or
(f) the examination of baggage that is brought or imported into Australian territory on the same aircraft or vessel as the owner of the baggage or the person who brought or imported the baggage; or
(g) the screening or inspection of mail that arrives in Australian territory.
Biosecurity matters carried out in, or in relation to goods, conveyances or other things brought or imported into, Norfolk Island, Christmas Island or Cocos (Keeling) Islands
(2) For section 10 of the Act, the charge prescribed in relation to a biosecurity matter by section 9 of this instrument is not payable if the biosecurity matter relates to:
(a) goods that are, or are intended to be, brought or imported into Norfolk Island, Christmas Island or Cocos (Keeling) Islands; or
(b) an application for approval, under section 405 of the Biosecurity Act 2015, of a proposed arrangement that provides for a person to carry out activities to manage biosecurity risks associated with specified goods, premises or other things in Norfolk Island, Christmas Island or Cocos (Keeling) Islands; or
(c) the development of a proposed arrangement, that is approved under section 406 of the Biosecurity Act 2015 , that provides for a person to carry out activities to manage biosecurity risks associated with specified goods, premises or other things in Norfolk Island, Christmas Island or Cocos (Keeling) Islands and management of the approved arrangement; or
(d) conveyances that are in Norfolk Island, Christmas Island or Cocos (Keeling) Islands.
Note: This section applies in relation to biosecurity matters in relation to goods that are, or are intended to be, brought or imported into Norfolk Island on or after 1 July 2016 or a conveyance that enters Norfolk Island on or after that date (see section 4).
Self - assessed clearance declarations--low value goods
(2A) For the purposes of section 10 of the Act, the charge prescribed by item 2A of the table in subsection 9(1) of this instrument is not payable in relation to a self - assessed clearance declaration given by a person during the 3 month period starting on 1 January, 1 April, 1 July or 1 October in a year if the total number of such declarations given by the person during the 3 month period is less than 278.
Biosecurity matters relating to goods or vessels moving from the protected zone or the Torres Strait permanent biosecurity monitoring zone to certain other parts of Australian territory
(3) For section 10 of the Act, the charge prescribed by item 3 of the table in subsection 9(1) of this instrument is not payable in relation to an application for a permit under section 177 of the Biosecurity Act 2015 authorising goods to be brought or imported:
(a) from a part of Australian territory specified in column 1 of item 9 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 into a part of Australian territory specified in column 2 of that item; or
(b) from a part of Australian territory specified in column 1 of item 10 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 into a part of Australian territory specified in column 2 of that item; or
(c) from a part of Australian territory specified in column 1 of item 11 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 into a part of Australian territory specified in column 2 of that item.
(4) For section 10 of the Act, the charge prescribed by item 14 of the table in subsection 9(1) of this instrument is not payable in relation to:
(a) the mooring of a vessel at a port in a part (the destination part ) of Australian territory specified in column 2 of item 10 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 after the vessel entered the destination part in the course of a voyage from a part of Australian territory specified in column 1 of that item; or
(b) the mooring of a vessel at a port in a part (the destination part ) of Australian territory specified in column 2 of item 11 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 after the vessel entered the destination part in the course of a voyage from a part of Australian territory specified in column 1 of that item.
Mooring of protected zone vessels
(5) For section 10 of the Act, the charge prescribed by item 14 of the table in subsection 9(1) of this instrument is not payable in relation to a protected zone vessel.
Application for approval of proposed arrangement to carry out biosecurity activities
(6) For section 10 of the Act, a person is not liable to pay the charge prescribed by item 12 of the table in subsection 9(1) of this instrument in relation to an application referred to in that item if the person is:
(a) covered by an approved arrangement; or
(b) a party to a compliance agreement in force under section 35A of the Imported Food Control Act 1992 .
Administration of an approved arrangement
(7) For section 10 of the Act, a person is not liable to pay the charge prescribed by item 13 of the table in subsection 9(1) of this instrument for a financial year, or a part of a financial year, in relation to an approved arrangement if the person has paid any of the following:
(a) the charge prescribed by item 13 of the table in subsection 9(1) of this instrument for that financial year, or that part of the financial year, in relation to another approved arrangement;
(b) the charge prescribed by item 13 of the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016 for that financial year, or that part of the financial year, in relation to another approved arrangement;
(c) the charge prescribed by item 2 of the table in subsection 6(1) of the Imported Food Charges (Imposition--Customs) Regulation 2015 for that financial year or that part of the financial year;
(d) the charge prescribed by item 2 of the table in subsection 6(1) of the Imported Food Charges (Imposition--General) Regulation 2015 for that financial year or that part of the financial year.
Entry of information into automated entry processing system
(8) For the purposes of section 10 of the Act, a person is not liable to pay the charge prescribed by item 13A of the table in subsection 9(1) of this instrument for entering information into the automated entry processing system if the person has paid the charge prescribed by item 13A of the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016 for entering that information into that system.