Export Inspection and Meat Charges Collection Regulations 1985 (Cth)

Export Inspection and Meat Charges Collection Regulations 1985

Statutory Rules No. 145, 1985 as amended

made under the

Export Inspection and Meat Charges Collection Act 1985

Compilation start date: 1 September 2014

Includes amendments up to:SLI No 119, 2014

 

About this compilation

This compilation

This is a compilation of the Export Inspection and Meat Charges Collection Regulations 1985 as in force on 1 September 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 1 September 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

      

Contents

1Name of Regulations

 These Regulations are the Export Inspection and Meat Charges Collection Regulations 1985.

2Definitions

 In these Regulations:

accredited killing or processing planthas the meaning given by section 3 of the Domestic Meat Premises Charge Act 1993.

Actmeans the Export Inspection and Meat Charges Collection Act 1985.

charge day, for a charge imposed under section 6 of the Domestic Meat Premises Charge Act 1993, has the same meaning as in that Act.

charge period has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.

Note: Prescribed goods has the same meaning as in the Export Control Act 1982.

2APrescribed offices where charge may be paid

For the Act, the following offices of the Department are prescribed:

• (a)

  the principal office in Canberra;

• (b)

  the regional office in the capital city of the State or Territory in which the service is provided;

• (c)

  if the service is provided in the Northern Territory—the regional office of the Department in Adelaide;

• (d)

  if the service is provided in Tasmania—the regional office of the Department in Melbourne.

2BWhen charge is due for payment – various charges

 For section 4 of the Act:

• (c)

  the quantity charge for an export inspection service on prescribed goods in respect of which an export permit is granted must be paid:

  • (i)

    if the amount of charge is determined by the Department before the provision of the service—on demand by the Department; or

  • (ii)

    in any other case—on the due date shown on an invoice issued to the person who applied for the provision of that service; and

• (d)

  the service charge for an export inspection service must be paid:

  • (i)

    if the amount of charge is determined by the Department before the provision of the service—on demand by the Department; or

  • (ii)

    in any other case—on the due date shown on an invoice issued to the person who applied for the provision of that service; and

• (f)

  a charge imposed under section 6 of the Domestic

  Meat Premises Charge Act 1993 for a financial year that commences after 30 June 1994 is due for payment as follows:

  • (i)

    if the charge is imposed for an accredited killing or processing plant for which the charge day occurs on 1 July in that financial year:

    • (A)

      one quarter of the amount of the charge is due for payment on the day, later than 1 July in that financial year, shown on an invoice issued to the person who is liable to pay the charge; and

    • (B)

      one quarter of the amount of the charge

      is due for payment on the day occurring

      12 weeks after the day referred to in sub‑ subparagraph (A); and

    • (C)

      one quarter of the amount of the charge

      is due for payment on the day occurring

      12 weeks after the day referred to in sub‑ subparagraph (B); and

    • (D)

      the balance is due for payment on the day occurring 12 weeks after the day referred to in sub‑subparagraph (C);

  • (ii)

    if the charge is imposed for an accredited killing or processing plant for which the charge day occurs after 1 July in that financial year, the amount of the charge is due for payment on the charge day.

2CWhen establishment registration charge is due for payment

• (1)

  For section 4 of the Act, establishment registration charge for an application for the registration of an establishment must be paid at the time of making the application.

  Note: Under the Export Inspection (Establishment Registration Charges) Regulations 1985, charge is imposed on applications for registration of only certain kinds of establishment.

• (2)

  For section 4 of the Act, establishment registration charge for the registration of an establishment for a charge period is due for payment on the day shown on an invoice issued to the person who is liable to pay the charge.

2ERules about due days that can be shown on invoices

 For regulations 2B and 2C, the day shown on an invoice as the day on which an amount of charge is due for payment must be a day that is:

• (a)

  on or after the start of the period to which the amount of charge relates; and

• (b)

  at least 14 days after the day of issue of the invoice for the amount of charge.

2FGeneral provisions about payment of charge

(1)The Secretary may specify, by notice in writing given to the person who is liable to pay a particular amount of charge:

• (a)

  a day, later than the day on which the amount is due for payment, as the day on which the amount is payable; or

• (b)

  that the amount is payable in instalments on the days, later than the day on which the amount is due for payment, specified in the notice.

(2)For section 4 of the Act:

• (a)

  if the Secretary gives a notice under paragraph (1)(a), the amount of charge referred to in the notice is due for payment on the day specified in the notice; and

• (b)

  if the Secretary gives a notice under paragraph (1)(b), an instalment referred to in the notice is due for payment on the day specified in the notice for payment of that instalment.

  Note: A payment of charge to which subregulation (1) or (2) applies may be paid before the day on which it is due for payment.

(3)In spite of subregulations (1) and (2) and regulations 2B and 2C, if:

• (a)

  a person is liable to pay an amount of charge on or before a day (the original due day); and

• (b)

  the person does not pay the amount on or before the original due day; and

• (c)

  the person is liable to pay a further amount of the same charge, that is due for payment at any time after the original due day, for the same year and the same establishment;

the further amount becomes due for payment on the original due day.

3Particulars required in returns in respect of quantity charge

For paragraph 6(b) of the Act, the following particulars are prescribed for a return given by an exporter of prescribed goods in respect of which quantity charge is imposed:

• (a)

  the full name and address of the exporter, not being the address of a post office box or bag;

• (b)

  if the exporter prefers another address to be used for receiving correspondence and for service of documents—the other address;

• (c)

  the month to which the return relates;

• (d)

  the serial number of each export permit granted to the exporter in respect of the prescribed goods in the month;

• (e)

  the date on which each export permit mentioned in paragraph (d) was granted;

• (f)

  for each export permit mentioned in paragraph (d) that was granted in respect of prescribed goods other than grain—the name of the establishment at which the prescribed goods were prepared;

• (g)

  the quantity of prescribed goods, or each class or kind of prescribed goods, in respect of which export permits were granted in the month;

• (h)

  the amount of quantity charge imposed on the prescribed goods, or each class or kind of prescribed goods, in respect of which export permits were granted in the month;

• (i)

  the total amount of the quantity charges imposed.

3BSigning of returns in respect of quantity charge

(1)Subject to subregulation (3), a return submitted under section 6 of the Act by an exporter must be signed by the exporter.

(3)A return required under subregulation (1) to be signed by an exporter may be signed:

• (a)

  if the exporter is a natural person—by an authorised agent of that person; or

• (b)

  if the exporter is a body corporate—by a person who manages or controls the operations of that body corporate in relation to the export of any prescribed commodity to which the return relates or by an authorised agent of that body corporate; or

• (c)

  if the exporter is a body politic—by a person having responsibility for the administration of such of the affairs of that body politic as relate to the export of any prescribed commodity to which the return relates or by an authorised agent of that body politic.

3CLodgement of returns in respect of quantity charge

A return under section 6 of the Act in respect of a month must be given to the Secretary by lodging it at a prescribed office within 28 days after the last day of that month.

4Prescribed form of appointment of authorised agent

For paragraph 8(2)(a) of the Act the prescribed form for the appointment of an authorised agent is the form in Schedule 1.

4ASubsection 11(3) of the Act: prescribed amount

For subsection 11(3) of the Act, the amount of $1 000 is prescribed.

5Form of warrant for authorised person to enter premises

The form of warrant for section 15 of the Act is the form in Schedule 2.

6Refund or remission of charge

• (1)

  If a person is liable to pay in a financial year:

  • (a)

    establishment registration charge; or

  • (b)

    quantity charge; or

  • (c)

    service charge;

  the Secretary may remit or refund some or all of the amount of charge in accordance with this regulation.

• (2)

  The Secretary must be satisfied that:

  • (a)

    for full cost recovery in that financial year, in relation to a service or matter for which the charge is imposed, full charge need not be collected; or

  • (b)

    full cost recovery is not required in that financial year in relation to a service or matter for which the charge is imposed.

• (3)

  In determining the amount of charge to be remitted or refunded, the Secretary must take account of the amount of charge, of the kind proposed to be remitted or refunded, that the person has already paid or is liable to pay in the financial year.

6AStatement to accompany notice of certain decisions

• (1)

  This regulation applies to:

  • (a)

    a decision under paragraph 2F(1)(a) not to specify a day later than the day on which an amount would otherwise be due for payment as the day on which the amount is payable; and

  • (b)

    a decision under paragraph 2F(1)(b) not to specify that an amount is payable by instalments on days later than the day later than the day on which an amount would otherwise be due for payment.

• (2)

  When the Secretary makes a decision to which this regulation applies, the Secretary must give the person liable to pay the relevant charge a notice in writing:

  • (a)

    setting out the reasons for the decision; and

  • (b)

    stating that the person may apply under regulation 6B for reconsideration of the decision; and

  • (c)

    setting out how to apply for reconsideration, and the time within which the application must be made.

6BRequests for reconsideration of decisions

• (1)

  A person whose interests are affected by a decision to which regulation 6A applies may ask the Secretary to reconsider the decision.

• (2)

  A request for reconsideration must:

  • (a)

    be in writing; and

  • (b)

    set out the reasons why the Secretary should reconsider the decision; and

  • (c)

    be given to the Secretary within 28 days after the day when the person is told of the decision in writing.

6COperation of decision not affected by application for reconsideration

 The making of an application for reconsideration of a decision does not affect the operation of the decision.

6DReconsideration of decisions

• (1)

  If a person applies for reconsideration of a decision to which regulation 6A applies (the original decision), the Secretary must reconsider the decision.

• (2)

  After reconsidering the original decision, the Secretary must:

  • (a)

    confirm it; or

  • (b)

    amend it; or

  • (c)

    substitute another decision for it.

• (3)

  Without limiting the generality of subregulation (2), if the original decision was a decision not to remit an amount of charge, and the amount of charge has been paid, the Secretary may substitute a decision to refund the same or another amount of charge.

• (4)

  If, by the end of 45 days after the Secretary receives the application, he or she has not given written notice of his or her decision after reconsideration to the person who applied for the reconsideration, the Secretary is taken, on that 45th day, to have confirmed the original decision.

• (5)

  If the Secretary decides to amend the original decision or substitute another decision for it, the later decision replaces the original decision for all purposes (other than the making of an application for reconsideration).

6EAAT review of decisions on reconsideration

 Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision of the Secretary under subregulation 6D(2).

7Delegation by the Secretary

 The Secretary may, in writing, delegate his or her powers under these Regulations (other than this power) to an SES employee or APS employee of the Department.

Schedule 1—Appointment of authorised agent

Note: See regulation 4.

  

COMMONWEALTH OF AUSTRALIA

 

Export Inspection and Meat Charges Collection Act 1985

 

APPOINTMENT OF AUTHORISED AGENT

 

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

 

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

 

*acting for and on behalf of (name of company etc.)

 

appoint (full name, address and occupation of authorised agent), whose signature appears below, to be * my authorised agent/* the authorised agent of (name of company etc.) for the purpose of signing a return prepared for the purpose of section 6 or 6A of the Export Inspection and Meat Charges Collection Act 1985.

 

Date:

………………….………

(Signature)

Date:

………………….………

(Signature of authorised agent)

* Omit if inapplicable

 

Schedule 2—Warrant under section 15

Note: See regulation 5.

  

COMMONWEALTH OF AUSTRALIA

Export Inspection and Meat Charges Collection Act 1985

 

WARRANT UNDER SECTION 15

 

TO: (full name), an authorised person for the purposes of section 15 of the Export Inspection and Meat Charges Collection Act 1985.

 

WHEREAS, on an application under subsection 15(2) of that Act in relation to premises at (address of premises), 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 documents relating to:

  • (i)

    the granting of an export permit in respect of goods that are prescribed goods for the purposes of the Export Inspection and Meat Charges Collection Act 1985; or

  • (ii)

    the submission of a return under the Export Inspection and Meat Charges Collection Act 1985; and

• (b)

  that the issue of a warrant is reasonably required for the purposes of the Export Inspection and Meat Charges Collection Act 1985:

 

YOU ARE HEREBY AUTHORISED, with such assistance as you think necessary, to enter the premises at (address of premises), during the hours of (permitted hours) (or at any time), if necessary by force, for the purpose of performing the functions of an authorised person under section 15 of the Export Inspection and Meat Charges Collection Act 1985.

 

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

 

Date:

Justice of the Peace

Endnotes

Endnote 1About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub‑Ch = Sub‑Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s)

Endnote 3Legislation history

Number and year	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
1985 No. 145	28 June 1985	28 June 1985
1985 No. 363	20 Dec 1985	1 Jan 1986	—
1987 No. 253	30 Oct 1987	1 Nov 1987	—
1988 No. 23	25 Feb 1988	1 Mar 1988 (r 1 and Gazette 1988, No S59)	—
1989 No. 406	21 Dec 1989	15 Feb 1990 (r.1 and Gazette 1990, No S32)	—
1992 No. 251	29 July 1992	1 Aug 1992	—
1993 No. 376	24 Dec 1993	1 Jan 1994	—
1994 No. 65	22 Mar 1994	r 3 and 4: 1 Jan 1994 Remainder: 22 Mar 1994	—
1994 No. 124	3 May 1994	3 May 1994	—
1994 No. 369	1 Nov 1994	1 Nov 1994	—
1995 No. 257	29 Aug 1995	29 Aug 1995	—
1999 No. 178	1 Sept 1999	1 Sept 1999	—
2000 No. 342	20 Dec 2000	20 Dec 2000	—
2007 No. 279	27 Sept 2007 (F2007L03787)	1 July 2008	—
2009 No. 343	17 Dec 2009 (F2009L04508)	18 Dec 2009	—
2011 No. 167	16 Sept 2011 (F2011L01913)	1 Oct 2011 (r 2 and Gazette 2011, No S142)	—
2011 No. 236	14 Dec 2011 (F2011L02668)	1 Jan 2012 (r 2 and Gazette 2011, No GN50)	—
2011 No. 237	14 Dec 2011 (F2011L02670)	1 Jan 2012	—
2012 No. 122	28 June 2012 (F2012L01397)	1 July 2012	—
119, 2014	25 Aug 2014 (F2014L01116)	1 Sept 2014	—

Endnote 4Amendment history

Provision affected	How affected
r. 1........................................	am. 1985 No. 363; 1993 No. 376
rs. 1999 No. 178
r. 2........................................	am. 1985 No. 363
rs. 1989 No. 406
am. 1993 No. 376; 1994 No. 65
rs. 2007 No. 279
am. 2009 No. 343; 2011 Nos. 236 and 237; 2012 No. 122; No 119, 2014

r. 2AA...................................	ad. 1988 No. 23
rep. 1992 No. 251
r. 2A.....................................	ad. 1985 No. 363
am. 1987 No. 253
rs. 1992 No. 251
am. 2007 No. 279; 2011 No. 236
Heading to 2B........................	rs. 2009 No. 343
r. 2B......................................	ad. 1989 No. 406
rs. 1992 No. 251
am. 1993 No. 376; 1994 No. 65; 2007 No. 279; 2009 No. 343; 2011 No. 236; 2012 No. 122; No 119, 2014
r. 2C......................................	ad. 2009 No. 343
am. 2011 No. 167; 2012 No. 122
rs No 119, 2014
r. 2D.....................................	ad. 2009 No. 343
am. 2012 No. 122
rep No 119, 2014
r. 2DA (first occurring) ..........	ad. 2011 No. 237
am. 2012 No. 122
rep No 119, 2014
r. 2DA (second occurring) ......	ad. 2011 No. 236
Renumbered r. 2DB...........	2012 No. 122
r. 2DB...................................	am. 2012 No. 122
rep No 119, 2014
r. 2DC...................................	ad. 2012 No. 122
rep No 119, 2014
r. 2E......................................	ad. 2009 No. 343
am. 2011 No. 236; No 119, 2014
r. 2F......................................	ad. 2009 No. 343
am. 2011 No. 236; No 119, 2014
r. 3........................................	rs. 1988 No. 23
am. 1992 No. 251
rs No 119, 2014
r. 3A.....................................	ad. 1988 No. 23
rep. 1992 No. 251
hdg to r 3B.............................	rs No 119, 2014
r. 3B......................................	ad. 1988 No. 23
am. 1992 No. 251; 2007 No. 279; 2011 No. 236
r. 3C......................................	ad. 1988 No. 23
am. 1992 No. 251; 2007 No. 279
rs No 119, 2014
r. 3D.....................................	ad. 1992 No. 251
am. 2011 No. 236; 2012 No. 122
rep No 119, 2014
r. 4........................................	am. 2007 No. 279; No 119, 2014
r. 4A.....................................	ad 1988 No. 23
am. 2007 No. 279; 2011 No. 236
r. 5........................................	am. 2007 No. 279
r. 6........................................	ad. 1985 No. 363
rs. 1989 No. 406
rep. 1992 No. 251
ad. 1994 No. 65
am. 1994 No. 369; 1995 No. 257; 2000 No. 342; 2007 No. 279; 2009 No. 343
rs. 2011 No. 167
am. 2011 No. 237
rs No 119, 2014
r. 6A.....................................	ad. 1999 No. 178
am. 2011 Nos. 236 and 237
r. 6B......................................	ad. 1999 No. 178
r. 6C......................................	ad. 1999 No. 178
r. 6D.....................................	ad. 1999 No. 178
r. 6E......................................	ad. 1999 No. 178
r. 7........................................	ad. 1994 No. 124
am. 2012 No. 122
Schedule 1
Schedule 1.............................	am. 1985 No. 363
rs No 119, 2014
Schedule 2
Schedule 2.............................	am. 1985 No. 363
rs No 119, 2014

Endnote 5Uncommenced amendments [none]Endnote 6Modifications [none]Endnote 7Misdescribed amendments [none]Endnote 8Miscellaneous [none]