These regulations, which come into force on 1 July 2025, amend the Food (Fees, Charges, and Levies) Regulations 2015 and the Food (Fees, Charges, and Levies) Amendment Regulations 2024.

Regulation 3 states that regulations 4 to 6 amend the Food (Fees, Charges, and Levies) Regulations 2015 (the principal regulations).

Regulation 4 of these regulations replaces regulation 3A(1) to (3) of the principal regulations to clarify that a new levy is imposed on a person who registers or who is registered as an importer each levy year. The levy—

• is based on the number of kilograms of food imported by the person in the previous levy year, if any; and

• is payable—

  • upon registration of the person as an importer; and

  • if the person is already registered as an importer, annually within 20 working days following receipt of an invoice.

Regulation 5 of these regulations amends Part 2 of Schedule 1 of the principal regulations as follows:

• clarifying that the hourly fee in item 46 relates to administration activity in relation to the imported food categorised in regulations made under the Food Act 2014 (the Act) as being of increased regulatory interest or high regulatory interest (regulation 5(1)):

• adding a new fee of $135 per application, plus $33.75 per quarter hour, for assessing and granting an exemption under section 347 of the Act. The fee is payable by the applicant on application for the exemption with any remainder payable within 20 working days of the granting of or refusal to grant an exemption (regulation 5(2)).

Regulation 6 of these regulations amends item 1 of Part 1 of Schedule 2 of the principal regulations to clarify that the levy payable under regulation 3A must be paid if no food is imported in a levy year or if up to and including 118,500 kilograms of food is imported in a levy year.

Regulation 7 states that regulation 8 of these regulations amends the Food (Fees, Charges, and Levies) Amendment Regulations 2024 (the amendment regulations).

Regulation 8(1) replaces new regulation 3B, inserted by regulation 9 of the amendment regulations, as follows:

• new regulation 3B(1) clarifies that new regulation 3B applies to—

  • an operator of a food business that is required to register a food control plan (new regulation 3B(1)(a)); and

  • an operator of a food business that is required to be registered as a food business subject to a national programme who instead chooses to register a food control plan (new regulation 3B(1)(b)):

• new regulation 3B(2) requires the operator to pay the levy in item 1 of Part 2 of Schedule 2 each levy year:

• new regulation 3B(3) provides that the levy is payable by the operator described in new subclause (1)(a) for each place in which the food business trades in food—

  • upon registration of the food control plan; or

  • if the food control plan is already registered, annually within 20 working days following receipt of an invoice:

• new regulation 3B(4) provides that the levy is payable by the operator described in new subclause (1)(b) for each food business—

  • upon registration of the food control plan; or

  • if the food control plan is already registered, annually within 20 working days following receipt of an invoice:

• new regulation 3B(5) provides that new regulation 3B does not apply to—

  • the registration of an amended food control plan if the levy for the food control plan for that levy year has already been paid; or

  • the registration of the food control plan with an appropriate registration authority if the levy for that levy year has already been paid for the registration of the food control plan with another appropriate registration authority.

Regulation 8(2) amends the heading to new regulation 3C to clarify that a levy is payable by an operator of a food business registered as subject to a national programme.

Regulation 8(3) amends new regulation 3C(1) to clarify that a new levy is imposed on an operator of a food business that is required to be registered as a food business subject to a national programme.

Regulation 8(4) of these regulations replaces new regulation 3C(2), inserted by regulation 9 of the amendment regulations, and adds new regulation 3C(3) as follows:

• new regulation 3C(2) provides that the levy is payable for each food business—

  • upon registration of the food business as a food business that is subject to a national programme; and

  • if the food business is already registered as a food business that is subject to a national programme, annually within 20 working days following receipt of an invoice:

• new regulation 3C(3) provides that new regulation 3C does not apply—

  • to the registration of a food business as a food business that is subject to a national programme with an appropriate registration authority if the levy for that levy year has already been paid for the registration of the food business as a food business subject to a national programme with another appropriate registration authority; or

  • if the operator, instead of registering the food business as a food business that is subject to a national programme, chooses to register a food control plan.

Regulation 8(5) of these regulations amends new regulation 3D(2)(a), inserted by regulation 9 of the amendment regulations, to provide that the charge for the cost of a territorial authority collecting the levies is exclusive of goods and services tax.

These regulations must be confirmed by an Act before the close of 30 June 2026. If they are not confirmed, the regulations will be revoked on the close of that date. See subpart 3 of Part 5 of the Legislation Act 2019.