Dried Fruit (Export Inspection Charge) Collection Regulations (Cth)

Statutory Rules 1981 No. 1791

Dried Fruit (Export Inspection Charge) Collection Regulations

I, THE ADMINISTRATOR of the. Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Dried Fruit (Export Inspection Charge) Collection Act 1981.

Dated 25 June 1981.

STANLEY BURBURY

Administrator

By His Excellency’s Command,

PETER NIXON

Minister of State for Primary Industry

 

Citation

1. These Regulations may be cited as the Dried Fruit (Export Inspection Charge) Collection Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

“authorized agent” means a person appointed by an exporter under regulation 6 to be his authorized agent;

“Department” means the Department of State administered by the Minister of State for the time being administering the Act;

“the Act” means the Dried Fruit (Export Inspection Charge) Collection Act 1981.

Manner of payment of charge, &c.

3. The payment of charge and other moneys payable to the Commonwealth under the Act with respect to dried fruit exported from a State or Territory

 

shall be made to the Collector of Public Moneys at the office of the Department at the place the name of which is specified in column 2 of Schedule 1 opposite to the name of the State or Territory in column 1 of that Schedule.

Returns

4. (1) An exporter shall furnish to a person to whom a payment of charge is required to be made a return containing, in relation to each shipment (whether by ship or aircraft) of dried fruit to which the payment relates, the particulars specified in sub-regulation (2).

(2) The particulars referred to in sub-regulation (1) are the following particulars:

(a) the full name and address of the exporter;

(b) the number (if any) of the export permit issued to the exporter under the Exports (Dried Fruits) Regulations in respect of the shipment;

(c) where the dried fruit was exported by ship—the name of the ship;

(d) where the dried fruit was exported by aircraft—the flight number of the aircraft;

(e) the place at which the dried fruit was loaded for export;

(f) the number of tonnes of dried fruit exported;

(g) the date of departure of the ship or aircraft from the place at which the dried fruit was loaded;

(h) the amount of charge payable in respect of the dried fruit exported.

Execution and lodgement of returns

5. A return referred to in regulation 4—

(a) shall be signed—

(i) by the exporter 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 in which the dried fruit, to which the payment of charge relates, is exported.

Authorized agents

6. (1) An exporter may appoint a person to be his authorized agent for the purpose of signing the return referred to in regulation 4.

(2) The instrument of appointment of an authorized agent by an exporter—

(a) shall be in accordance with the Form in Schedule 2; and

(b) shall be lodged with the person to whom the exporter is required to furnish a return referred to in sub-regulation 4 (1).

Proper records to be kept

7. (1) An exporter shall, in relation to each shipment (whether by ship or aircraft) of dried fruit that he exports, keep, or cause to be kept, proper records showing—

(a) the number (if any) of the export permit issued to him under the Exports (Dried Fruits) Regulations in respect of the shipment;

(b) where the dried fruit is exported by ship—the name of the ship;

(c) where the dried fruit is exported by aircraft—the flight number of the aircraft;

(d) the place at which the dried fruit is loaded for export;

(e) the number of tonnes of dried fruit exported; and

(f) the date of departure of the ship or aircraft from the place at which the dried fruit is loaded.

(2) The records referred to in sub-regulation (1) shall be retained by the exporter until the expiration of 3 years from the date of export of the dried fruit.

Penalty: $200.

   

SCHEDULE 1

Regulation 3

PLACE OF PAYMENT OF CHARGE AND OTHER MONEYS

Column 1	Column 2
Name of State or Territory	Name of place
New South Wales............................................................	Sydney
Victoria...........................................................................	Melbourne
Queensland.....................................................................	Brisbane
South Australia...............................................................	Adelaide
Western Australia............................................................	Perth
Tasmania........................................................................	Hobart
Australian Capital Territory.............................................	Sydney
Northern Territory...........................................................	Adelaide

SCHEDULE 2

Regulation 5

COMMONWEALTH OF AUSTRALIA

Dried Fruit (Export Inspection Charge) Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department

I, (full name and address of exporter)

hereby appoint (full name, address and occupation of authorized agent), a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf a return prepared for the purposes of sub-regulation 4 (1) of the Dried Fruit (Export Inspection Charge) Collection Regulations.

Dated this day of 19 .

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

(Signature of exporter or, where the exporter is a company, signature of a director or the secretary of the company and his designation)

Dated this day of 19 .

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

(Signature of authorized agent)

 

NOTE

1. Notified in the Commonwealth of Australia Gazette