Dairy
Products (Export Inspection Charge) Collection Act 1982
No. 11 of 1982
An
Act to make provision for the collection of the charge imposed by the Dairy Products (Export Inspection Charge) Act
1982
[Assented to 15
April 1982]
BE IT ENACTED by the Queen, and the
Senate and the House of Representatives of the Commonwealth of Australia, as
follows:
Short
title
1. This Act may be cited
as the Dairy Products (Export Inspection
Charge) Collection Act 1982.
Commencement
2. This Act shall come
into operation on 1 July 1982.
Interpretation
3. (1) In this Act, unless the contrary intention appears—
“certified
export notice” means an export notice certified in accordance with section 4;
“charge”
means the charge imposed by the Dairy
Products (Export Inspection Charge) Act 1982;
“dairy
products” means milk and products wholly or mainly produced from milk or from a
constituent part of milk;
“dairy
products inspected for export” means dairy products in respect of which an
export notice has been certified in accordance with section 4;
“export
notice”, in relation to dairy products, means a notice and declaration
furnished in pursuance of regulation 18 of the Exports (Dairy Produce)
Regulations, in relation to the dairy products;
“milk”
means cow’s milk, goat’s milk or sheep’s milk;
“officer”
has the same meaning as in section 3 of the Commerce
(Trade Descriptions) Act 1905.
(2) A reference in a
provision of this Act to an authorized person is a reference to—
(a)
a person appointed by the Minister, in writing, to be an authorized person for
the purposes of the provision; or
(b)
a person included in a class of persons appointed by the Minister, in writing,
to be authorized persons for the purposes of the provision.
Inspecting
officer to certify inspection on export notice, &c.
4. (1) An officer who, in
pursuance of regulation 19 of the Exports (Dairy Produce) Regulations—
(a)
inspects and examines dairy products intended for export; and
(b)
is satisfied with respect to the matters set out in paragraphs (1) (a) and (b)
of that regulation,
shall
certify to that effect on the export notice.
(2) A copy of a certified
export notice shall be served in a manner prescribed in the regulations on the
person who furnished the export notice.
(3) Nothing in this section
affects the Exports (Dairy Produce) Regulations.
Due
date for payment
5. The amount of the
charge on dairy products inspected for export is due for payment upon the
expiration of 28 days after the last day of the month in which the copy of a
certified export notice is served in accordance with section 4 in relation to
the dairy products.
Recovery
of charge
6. The following amounts
may be recovered by the Commonwealth as debts due to the Commonwealth:
(a)
an amount of charge that is due for payment; and
(b)
an amount payable by way of penalty under section 7.
Penalty
for non-payment
7. (1) Where the liability of
a person to pay any charge is not discharged on or before the date on which the
charge is due for payment, there is payable
by
that person to the Commonwealth by way of penalty, in addition to that charge,
an amount calculated at the rate of 10% per annum upon that charge or upon that
part of that charge from time to time remaining unpaid, to be computed from the
time when that charge became due for payment.
(2) The Minister or,
subject to sub-section (3), an authorized person may, in a particular case, for
a reason that the Minister or the authorized person, as the case may be, in his
discretion, thinks sufficient, remit the whole or a part of an amount payable
under this section.
(3) A remission granted
under sub-section (2) by an authorized person shall not exceed $100.
Offences
relating to returns, &c.
8. A person shall not—
(a)
fail or neglect duly to furnish a return or information that he is required
under the regulations to furnish; or
(b)
furnish, in pursuance of the regulations, a return or information that is, to
his knowledge, false or misleading in a material particular.
Penalty:
$1,000 or imprisonment for 6 months, or both.
Access
to premises
9. (1) An authorized person may, with the consent of the occupier of
any premises, enter the premises for the purpose of exercising the functions of
an authorized person under this section.
(2) Where an authorized
person has reason to believe that there are on any premises (including premises
of, or occupied by, a State or an authority of a State) books, documents or
papers relating to dairy products inspected for export in respect of which charge
is, or may be, payable, the authorized person may make application to a Justice
of the Peace for a warrant authorizing the authorized person to enter the
premises for the purpose of exercising the functions of an authorized person
under this section.
(3) If, on an application
under sub-section (2), the Justice of the Peace is satisfied, by information on
oath or affirmation—
(a)
that there is reasonable ground for believing that there are on the premises to
which the application relates any books, documents or papers relating to dairy
products inspected for export in respect of which charge is, or may be,
payable; and
(b)
that the issue of the warrant is reasonably required for the purposes of this
Act,
the
Justice of the Peace may grant a warrant authorizing the authorized person,
with such assistance as the person thinks necessary, to enter the premises,
during such hours as the warrant specifies or, if the warrant so specifies, at
any time, if necessary by force, for the purpose of exercising the functions of
an authorized person under this section.
(4) A warrant granted under
sub-section (3) shall specify a date after which the warrant ceases to have
effect.
(5) Where an authorized
person has entered any premises in pursuance of sub-section (1) or in pursuance
of a warrant granted under sub-section (3), he may exercise the functions of an
authorized person under this section.
(6) A person shall not,
without reasonable excuse, obstruct or hinder an authorized person acting in
pursuance of a warrant granted under sub-section (3) or acting in pursuance of
sub-section (5).
Penalty:
$ 1,000 or imprisonment for 6 months, or both.
(7) The functions of an
authorized person under this section are to search for, inspect, take extracts
from and make copies of any books, documents or papers relating to dairy
products inspected for export in respect of which charge is, or may be,
payable.
Review
of decisions
10. Applications may be
made to the Administrative Appeals Tribunal for review of decisions made by the
Minister or an authorized person for the purposes of sub-section 7 (2).
Regulations
11. The Governor-General may
make regulations, not inconsistent with this Act, prescribing all matters
required or permitted by this Act to be prescribed, or necessary or convenient
to be prescribed for carrying out or giving effect to this Act or for facilitating
the collection or recovery of any debt due to the Commonwealth under this Act,
and, in particular—
(a)
providing for the manner of payment of charge and other moneys payable to the
Commonwealth under this Act;
(b)
providing for the remission or refund of charge in specified circumstances;
(c)
requiring the keeping of records relating to dairy products inspected for
export;
(d)
requiring returns or information relating to dairy products inspected for
export to be furnished to such persons as are prescribed;
(e)
prescribing the form of warrant for the purposes of section 9; and
(f)
prescribing penalties, not exceeding a fine of $200, for offences against the
regulations.