Document ID: chunk:federal_register_of_legislation:F2024C00829:reg:109:p1
Version: federal_register_of_legislation:F2024C00829
Segment Type: reg
Provision Reference: reg 109 (pt 1/2)
Character Range: 213427–216008

109  Person liable to pay certain cost‑recovery charges
 (1) For paragraph 593(b) of the Act, this section prescribes the persons who are liable to pay the cost‑recovery charges referred to in section 108.

Fees
 (2) The person who is liable to pay a fee prescribed in relation to an activity referred to in any of items 1 to 24 in the table in subsection 106(1) is the person for whom the activity is, or is to be, carried out.
 (3) Australia Post is liable to pay the fee prescribed in relation to the activity referred to in item 25 in the table in subsection 106(1).

Charges
 (4) The persons who are liable to pay the charge in relation to a biosecurity matter prescribed by the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016 or the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016 are as follows:
 (a) in relation to the biosecurity matter prescribed by any of items 1, 2 and 4 to 11 in the table:
 (i) the owner of the goods to which the charge relates; or
 (ii) if the goods to which the charge relates are owned by 2 or more persons—the owners of the goods;
 (aa) in relation to the biosecurity matter prescribed by item 2A in the table—the person who gave the self‑assessed clearance declaration;
 (b) in relation to the biosecurity matter prescribed by item 3 in the table—the person who made the application for the permit to which the charge relates;
 (c) in relation to the biosecurity matter prescribed by item 12 in the table—the person who made the application to which the charge relates;
 (d) in relation to the biosecurity matter prescribed by item 13 in the table—the person who is covered by the approved arrangement to which the charge relates;
 (da) in relation to the biosecurity matter prescribed by item 13A in the table—the person covered by an approved arrangement who made the entry of information to which the charge relates;
 (e) in relation to the biosecurity matter prescribed by item 14 in the table—the operator of the vessel to which the charge relates.
Note: An agent of a person who is liable to pay a cost‑recovery charge under this section is jointly and severally liable with that person to pay the charge (see section 112).
 (5) For the purposes of paragraph (4)(a), the owner of goods includes the following:
 (a) any person being, or holding himself or herself out to be, the owner, importer, exporter or consignee of the goods;
 (b) any person having a beneficial interest in the goods;
 (c) any person in possession or control of the goods, or having a