Export Inspection and Meat Charges Collection Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 257 1

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Export Inspection and Meat Charges Collection Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Export Inspection and Meat Charges Collection Act 1985.

Dated 22 August 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

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1.   Amendment

1.1   The Export Inspection and Meat Charges Collection Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 6 (Refund or remission of charge)

2.1   Subregulation 6 (8):

Omit “remit”, insert “remit, or refund,”.

2.2   Subregulation 6 (9):

Omit the subregulation, substitute:

“(9)

For the purpose of subregulation (8), the Secretary must:

• (a)

  be satisfied that, for the purpose of cost-recovery in that financial year, in relation to a service or matter for which charge of a kind referred to in subregulation (8) is imposed, full charge need not be collected; and

• (b)

  in determining the amount of charge to be remitted, or refunded, as the case may be—take account of:

  • (i)

    the amount of charge held in a trust account as a result of collection of charge in any previous financial year that is in excess of the amount required for cost recovery in that financial year; and

  • (ii)

    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 that financial year or in a financial year to which subparagraph (i) applies.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 August 1995.

2. Statutory Rules 1985 No. 145 as amended by 1985 No. 363; 1987 No. 253; 1988 No. 23; 1989 No. 406; 1992 No. 251; 1993 No. 376; 1994 Nos. 65, 124 and 369.