Biosecurity (Costs) Amendment Regulations (No 2) 2023
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Biosecurity (Costs) Amendment Regulations (No 2) 2023
Cindy Kiro, Governor-General
Order in Council
At Wellington this 28th day of August 2023
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 165 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 164D(2) of that Act.
Regulations
1 Title
These regulations are the Biosecurity (Costs) Amendment Regulations (No 2) 2023.
2 Commencement
These regulations come into force on 1 October 2023.
3 Principal regulations
These regulations amend the Biosecurity (Costs) Regulations 2010.
4 Regulation 6 amended (Payment of costs)
After regulation 6(2), insert:
(2A)
Costs are only payable under these regulations at the specified veterinary inspector rates—
(a)
if a veterinary inspector’s expertise is required to undertake the relevant activities; and
(b)
for associated travel, waiting time, on-call charges, and call-out costs.
5 Regulation 10 amended (Call-out costs)
(1)
Replace the heading to regulation 10 with “On-call charges and call-out costs”
.
(2)
Replace regulation 10(1) with:
(1)
An on-call charge of $45 per on-call shift is payable for a veterinary inspector who is on call to undertake, outside standard working hours, specialist functions and activities necessary for the import of live animals or germplasm.
(1A)
Call-out costs are payable for an inspector or a biosecurity adviser who, having left his or her place of work, has been recalled to duty for the purpose of carrying out an activity.
(3)
After regulation 10(4A), insert:
(4B)
If veterinary inspectors employed or engaged by the Ministry undertake specialist functions and activities necessary for the import of live animals or germplasm, a minimum charge of 3 hours is payable at the applicable hourly rate set out in subclause (4), plus the daily rate in subclause (4A), if applicable.
(4)
In regulation 10(5) replace “Call-out costs”
with “On-call charges and call-out costs”
.
6 Schedule amended
(1)
In the Schedule, item 18, replace “inspector”
with “general inspector”
.
(2)
In the Schedule, after item 18, insert:
| 18A | Processing an application under item 18 for which a veterinary inspector’s expertise is required. | $931.50 for each application processed, plus $186.30 per hour for each veterinary inspector for processing beyond the first 5 hours | Applicant |
(3)
In the Schedule, item 19, third column, replace “each inspector or biosecurity adviser involved”
, with “each general inspector or biosecurity adviser involved, and $186.30 per hour for each veterinary inspector involved”
.
(4)
In the Schedule, item 20, third column, replace “each inspector or biosecurity adviser involved”
with “each general inspector or biosecurity adviser involved, and $186.30 per hour for each veterinary inspector involved”
.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 October 2023, amend the Biosecurity (Costs) Regulations 2010 (the principal regulations). The principal regulations set out charges for performance or exercise of a function, duty, or power required to be undertaken under the Biosecurity Act 1993 or associated regulations. The amendments—
introduce charges if veterinarians are requested by importers to be on call to undertake work related to the import of live animals and germplasm:
provide for a minimum 3-hour charge where this work is carried out after hours:
provide for the charging of different rates in relation to transitional and containment facilities when the expertise of a veterinary inspector is required:
clarify that veterinary inspector rates are only payable for activities and associated costs when a veterinary inspector’s expertise is required.
Cost recovery impact statement
The Ministry for Primary Industries produced a cost recovery impact statement on 22 March 2023 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this cost recovery impact statement can be found at—
Date of notification in Gazette: 31 August 2023.
These regulations are administered by the Ministry for Primary Industries.
Versions
Biosecurity (Costs) Amendment Regulations (No 2) 2023
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