Dairy Products (Export Inspection Charge) Collection Regulations (Cth)

Statutory Rules 1982 No. 3791

Dairy Products (Export Inspection Charge) Collection Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairy Products (Export Inspection Charge) Collection Act 1982.

Dated 20 December 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

RALPH J. HUNT

Minister of State for Transport and Construction

and for and on behalf of the

Minister of State for Primary Industry

Citation

 1. These Regulations may be cited as the Dairy Products (Export Inspection Charge) Collection Regulations.

Commencement

 2. These Regulations shall come into operation on 1 January 1983.

Interpretation

 3. (1)In these Regulations, unless the contrary intention appears—

“authorized agent” means a person appointed by an exporter under regulation 9 to be his authorized agent;

“exporter”, in relation to dairy products, means the person who has furnished an export notice in relation to the dairy products;

“the Act” means the Dairy Products (Export Inspection Charge) Collection Act 1982.

 (2) For the purposes of these Regulations—

• (a)

  the Australian Capital Territory shall be deemed to form part of the State of New South Wales; and

• (b)

  the Northern Territory shall be deemed to form part of the State of South Australia.

Export notice

 4. For the purposes of paragraph 4 (1) (b) of the Act, the following matter is specified in relation to dairy products intended for export, namely, compliance with the conditions and restrictions specified in the Exports (Dairy Produce) Regulations as in force on 31 December 1982.

Service of copy of certified export notice

 5. For the purposes of sub-section 4 (2) of the Act, each of the following is a manner in which a copy of a certified export notice may be served on the person who furnished the export notice:

• (a)

  by the copy being delivered to that person or to a person duly authorized in writing by that person to take delivery of such copies on his behalf;

• (b)

  by the copy being sent by post to that person at the address specified in the export notice.

Manner of payment of charge, &c.

 6. The payment of charge and other moneys payable to the Commonwealth under the Act in respect of dairy products inspected for export shall be made to the Collector of Public Moneys at the office of the Department in the capital city of the State in which the dairy products were inspected for export.

Returns

 7. An exporter of dairy products shall, in respect of all dairy products inspected for export in a State and in relation to which a copy of a certified export notice has, in accordance with section 4 of the Act, been served on him in any particular month (in this regulation referred to as the “relevant month”), furnish to the person to whom payment of the charge imposed on those dairy products is required to be made a return containing the following particulars:

• (a)

  the full name and address of the exporter;

• (b)

  the relevant month;

• (c)

  in respect of each certified export notice a copy of which was served on the exporter during the relevant month, being a certified export notice relating to dairy products inspected for export in the State—

  • (i)

    the serial or other identifying number (if any) of the notice;

  • (ii)

    the date on which the export notice was certified;

  • (iii)

    the place at which the dairy products to which the certified export notice relates were inspected; and

  • (iv)

    the date on which the copy of the certified export notice was served on the exporter;

• (d)

  the number of tonnes of butter packed in bulk or pat form (if any) included in those dairy products;

• (e)

  the number of tonnes of butter packed otherwise than in bulk or pat form (if any) included in those dairy products;

• (f)

  the number of tonnes of butter fat products, being butter fat products other than butter, (if any) included in those dairy products;

• (g)

  the number of tonnes of cheese packed in bulk (if any) included in those dairy products;

• (h)

  the number of tonnes of cheese packed otherwise than in bulk (if any) included in those dairy products;

  • (i)

    the number of tonnes of concentrated, condensed or dried milk (if any) included in those dairy products;

• (j)

  the number of tonnes of dairy products, being dairy products other than butter fat products, cheese and concentrated, condensed and dried milk, (if any) included in the dairy products;

• (k)

  the amount of charge imposed on dairy products of each class specified in the return and the total amount of charge imposed on the dairy products in respect of which the return is furnished.

Execution and lodgement of returns

 8. (1)A return referred to in regulation 7 in relation to dairy products inspected for export—

• (a)

  shall be signed—

  • (i)

    by the exporter of the dairy products or his authorized agent; or

  • (ii)

    where the exporter is a company-by a director or the secretary of the company or by the authorized agent of the company; and

• (b)

  shall be lodged within 28 days after the last day of the month that is the relevant month in relation to those dairy products.

 (2) In sub-regulation (1), “relevant month” has the same meaning as in regulation 7.

Authorized agents

 9. (1)An exporter who is required to furnish a return under regulation 7 may, by instrument in writing, appoint a person to be his authorized agent for the purpose of signing such returns.

 (2) An instrument referred to in sub-regulation (1)—

• (a)

  shall be in accordance with the form in Schedule 1; and

• (b)

  shall be lodged with the person to whom the return referred to in regulation 7 is to be furnished.

Records to be kept

 10. (1)An exporter of dairy products shall, in respect of each certified export notice relating to dairy products a copy of which is served on him, keep, or cause to be kept, proper records showing—

• (a)

  the serial or other identifying number (if any) of the certified export notice;

• (b)

  the date on which the export notice was certified;

• (c)

  the place at which the dairy products to which the certified export notice relates were inspected;

• (d)

  the date on which the copy of the certified export notice was served on the exporter;

• (e)

  the class or each class of dairy products (being a class of dairy products referred to in paragraph 7 (d), (e), (f), (g), (h), (i) or (j)) in which the dairy products in respect of which the export notice was certified are included; and

• (f)

  in respect of the class or each class of dairy products referred to in paragraph (e), as the case may be-the number of tonnes of dairy products in respect of which the export notice was certified.

 (2) Any records kept under sub-regulation (1) in respect of a certified export notice shall be retained by the exporter who furnished the export notice for a period of 3 years from the date on which the export notice was certified.

Penalty: $200.

Form of warrant for authorized persons to enter premises

 11. The form of warrant for the purposes of section 9 of the Act is the form in Schedule 2.

SCHEDULE 1

Regulation 9

COMMONWEALTH OF AUSTRALIA

Dairy Products (Export Inspection Charge) Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of (name of relevant Department)

I, (full name and address of signatory and, where the person required to furnish the return is not a natural person, the designation of the signatory) ,

* acting for and on behalf of (name of company, &c.)  , hereby appoint (full name, address and occupation of authorized agent), a specimen of whose signature appears below, to be *my authorized agent/*the authorized agent of (name of company, &c.) for the purposes of signing a return prepared for the purposes of regulation 7 of the Dairy Products (Export Inspection Charge) Collection Regulations.

Dated this  day of  19 .

................................................................................

(Signature)

Dated this  day of  19 .

................................................................................

(Signature of authorized agent)

* Omit if inapplicable 

SCHEDULE 2

Regulation 11

COMMONWEALTH OF AUSTRALIA

Dairy Products (Export Inspection Charge) Collection Act 1982

WARRANT UNDER SECTION 9

TO:

 (full name) , an authorized person for the purposes of section 9 of the Dairy Products (Export Inspection Charge) Collection Act 1982.

WHEREAS, on an application under sub-section 9 (2) of that Act in relation to premises at  , I, (full name), a Justice of the Peace, am satisfied, by information on oath (or affirmation)—

• (a)

  that there is reasonable ground for believing that there are on those premises books, documents or papers relating to eggs inspected for export in respect of which charge imposed by the Dairy Products (Export Inspection Charge) Act 1982 is, or may be, payable; and

• (b)

  that the issue of a warrant is reasonably required for the purposes of the Dairy Products (Export Inspection Charge) Collection Act 1982:

YOU ARE HEREBY AUTHORIZED, with such assistance as you think necessary, to enter the premises at  , during the hours of  (or at any time), if necessary by force, for the purpose of exercising the functions of an authorized person under section 9 of the Dairy Products (Export Inspection Charge) Collection Act 1982.

THIS WARRANT ceases to have effect after (insert date).

Dated this  day of  19 .

Justice of the Peace

NOTES

1. Notified In The Commonwealth Of Australia Gazette