Biosecurity (Border Processing Levy) Amendment Order 2021

Order

1 Title

This order is the Biosecurity (Border Processing Levy) Amendment Order 2021.

2 Commencement

This order comes into force on 16 April 2021.

3 Principal order

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

4 Clause 3 amended (Interpretation)

(1)

In clause 3, revoke the definition of initial levy period.

(2)

In clause 3, definition of levy, replace “4” with “4A”.

(3)

In clause 3, definition of levy period, replace paragraph (a) with:

(a)

the special levy period; or

(4)

In clause 3, definition of non-levy funded exempt traveller, replace “paragraphs (e) to (i)” with “paragraphs (e) to (g)”.

(5)

In clause 3, insert in its appropriate alphabetical order:

special levy period means the period beginning on 16 April 2021 and ending on 30 June 2022

5 New clause 4A and cross-heading inserted

After clause 4, insert:

Special levy period

4A Levy rates for special levy period

(1)

The rates of levy for the special levy period are as follows:

(a)

$8.50 for a traveller other than a cruise ship traveller:

(b)

$3.81 for a cruise ship traveller.

(2)

The rates of levy set by subclause (1) are exclusive of goods and services tax.

(3)

The Director-General must ensure that the rates of levy set by subclause (1) are notified by notice in the Gazette before 16 April 2021.

6 Clause 4 and cross-heading revoked

Revoke clause 4 and the cross-heading above clause 4.

7 Cross-heading above clause 5 replaced

Replace the cross-heading above clause 5 with:

Periods other than special levy period

8 Clause 5 amended (Levy rate for later levy periods)

(1)

In the heading to clause 5, replace for later levy periods with for periods other than special levy period.

(2)

In clause 5(1), replace “after the initial levy period” with “other than the special levy period”.

9 Clause 8 amended (Resetting of levy rates)

In clause 8(1), replace “after the initial levy period” with “other than the special levy period”.

10 Clause 9 amended (Travellers exempt from levy)
11 Clause 15 revoked (International air service licensees to make returns relating to travellers exempt under clause 9(1)(h))

Revoke clause 15.

12 Clause 16 revoked (Cruise lines to make returns relating to travellers exempt under clause 9(1)(i))

Revoke clause 16.

13 Clause 17 amended (Records to be kept by collection agents)
14 Clause 18 amended (Records to be kept by Director-General)

(1)

(2)

In clause 18(2), replace “after the initial levy period” with “other than the special 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 16 April 2021, amends the Biosecurity (Border Processing Levy) Order 2015 (the principal order) to provide for a special levy period beginning on 16 April 2021 and ending on 30 June 2022. The special levy period is required as no rate was set for the levy period beginning on 1 July 2020 and cost recovery is likely to be required for border processing of travellers in the first quarter of 2021. The principal order does not provide for a levy period to be less than 12 months or for rates to be set after 1 July for the levy period commencing on that day. The rates set for the special levy period are the same as the rates set for the 2019–2020 levy period. This order also makes consequential amendments and revokes lapsed provisions.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 18 March 2021.

This order is administered by the Ministry for Primary Industries.