Biosecurity (Border Processing Levy) Amendment Order 2018

2018/89

Coat of Arms of New Zealand

Biosecurity (Border Processing Levy) Amendment Order 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 28th day of May 2018

Present:
Her Excellency the Governor-General in Council

This order is made under section 140AA of the Biosecurity Act 1993—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Biosecurity made after consultation in accordance with section 140AA(4) of that Act.

Order

1 Title

This order is the Biosecurity (Border Processing Levy) Amendment Order 2018.

2 Commencement

This order comes into force on 1 July 2018.

3 Principal order

This order amends the Biosecurity (Border Processing Levy) Order 2015 (the principal order).

4 Clause 3 amended (Interpretation)

In clause 3, definition of levy period, paragraph (b), replace “12 months” with “12, 24, or 36 months”.

5 Clause 5 amended (Levy rates for later levy periods)

(1)

Replace clause 5(2) with:

(2)

The Director-General must, before the levy period begins,—

(a)

decide the duration of the levy period; and

(b)

set the rates of levy referred to in subclause (3) for the levy period in accordance with clauses 6 and 7.

(2)

Replace clause 5(5) with:

(5)

The Director-General must, before the levy period begins, notify by notice in the Gazette—

(a)

the duration of the levy period; and

(b)

each rate of levy set under subclause (2) that is higher or lower than the corresponding rate for the previous levy period.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 July 2018, amends the Biosecurity (Border Processing Levy) Order 2015 to allow the levy to be set for a period of 12, 24, or 36 months. (If not for this amendment, the levy period would be 12 months.)

Regulatory impact assessment

The Ministry for Primary Industries (MPI) prepared a Stage 2 Cost Recovery Impact Statement (CRIS2) for this order on 3 April 2018 to help inform the decisions taken by the Government relating to the contents of this instrument. The MPI Regulatory Impact Analysis Panel reviewed the CRIS2 and considered that the information and analysis summarised in it met the panel’s current understanding of the quality assurance criteria.

A copy of this CRIS2 can be found at—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 May 2018.

This order is administered by the Ministry for Primary Industries.