Export Inspection and Meat Charges Collection Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 15 March 1994.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
BOB COLLINS
Minister for Primary Industries and Energy
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1.1 Regulations 3 and 4 are taken to have commenced on 1 January 1994.
[NOTE: The remainder of these Regulations commences on
gazettal: see
2.1 The Export Inspection and Meat Charges Collection Regulations are amended as set out in these Regulations.
3.1 Insert the following definitions:
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4.1 Paragraph 2B (1) (f):
Omit the paragraph, substitute:
“(f) a charge imposed under section 6 of the
Domestic Meat Premises Charge Act 1993 for the financial year ending on 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 January 1994:
(A) one half of the amount of the charge is due for payment on the day (not earlier than 5 April 1994) shown on an invoice issued by AQIS to the person who is liable to pay the charge; and
(B) the balance is due for payment on the day (not earlier than 31 May 1994) shown on an invoice issued by AQIS to the person who is liable to pay the charge;
(ii) if the charge is imposed for an accredited killing or processing plant for which the charge day occurs after 1 January 1994, the amount of the charge is due for payment on the charge day;
(g) 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 by AQIS 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;
(h) an amount of charge for the registration of a meat establishment for the financial year ending on 30 June 1994 is due for payment as follows:
(i) if the charge is imposed for an establishment for which the charge day occurs on 1 January 1994:
(A) one half of the amount of the charge is due for payment on the day (not earlier than 5 April 1994) shown on an invoice issued by AQIS to the person who is liable to pay the charge; and
(B) the balance is due for payment on the day (not earlier than 31 May 1994) shown on an invoice issued by AQIS to the person who is liable to pay the charge;
(ii) if the charge is imposed for an accredited killing or processing plant for which the charge day occurs after 1 January 1994, the amount of the charge is due for payment on the charge day;
(i) an amount of charge for the registration of a meat establishment for a financial year that commences after 30 June 1994 is due for payment as follows:
(i) if the charge is imposed for an establishment 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 by AQIS 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 establishment for which the charge day occurs on 1 July in that financial year, the amount of the charge is due for payment on the charge day.
[
5.1 Subregulations 2B (2) and (3):
Omit the subregulations, substitute:
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.
For the purposes of section 4 of the Act:
(a) if the Secretary gives a notice under paragraph (2) (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 (2) (b), an instalment referred to in the notice is due for payment on the day specified in the notice for payment of that instalment.
[
In spite of subregulations (1), (2) and (3), if:
(a) a person is liable to pay an amount of charge on or before a day; and
(b) the person does not pay the amount on or before that 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 that day, for the same year and the same establishment;
the further amount becomes due for payment on the day referred to in paragraph (a).”.
6.1 After regulation 5, insert:
(1) Subregulation (2) applies if:
(a) a person pays an amount of charge for the registration of a meat establishment for a financial year; and
(b) AQIS issues an invoice to the person showing the day on which another payment of the charge for the financial year is due for payment; and
(c) the person notifies the Secretary, before that day, that the establishment has ceased the operations for which the charge is payable; and
(d) the Secretary is satisfied that the establishment will not resume operations of a kind for which the charge is payable within 12 months after the day on which it ceased operations; and
(e) the amount of the charge paid by the person for the financial year exceeds the amount calculated using the formula:
number of days
x where:
‘number of days’ means the number of days in the financial year on which the establishment operated;
‘total amount of charge’ means the total amount of charge payable for an establishment of that kind in the financial year.
The Secretary must, as soon as practicable:
(a) refund to the person of an amount equal to the difference between the amounts referred to in paragraph (1) (e); or
(b) if the person:
(i) is liable to pay charge imposed under section 6 of the
Domestic Meat Premises Charge Act 1993 for the relevant meat establishment; and(ii) has not paid an amount of the charge;
remit an amount of that charge equal to the difference between the amounts referred to in paragraph (1) (e).
Subregulation (4) applies if:
(a) a person pays a charge imposed under section 6 of the
Domestic Meat Premises Charge Act 1993 for a meat establishment for a financial year; and(b) AQIS issues an invoice to the person showing the day on which another payment of the charge for the financial year is due for payment; and
(c) the person notifies the Secretary, before that day, that the establishment has ceased the operations for which the charge is payable; and
(d) the Secretary is satisfied that the establishment will not resume operations of a kind for which the charge is payable within 12 months after the day on which it ceased operations; and
(e) the amount of the charge paid by the person for the financial year exceeds the amount calculated using the formula:
number of days
x where:
‘number of days’ means the number of days in the financial year on which the establishment operated;
‘total amount of charge’ means the total amount of charge payable for an establishment of that kind in the financial year.
The Secretary must, as soon as practicable:
(a) refund to the person of an amount equal to the difference between the amounts referred to in paragraph (3) (e); or
(b) if the person has not paid an amount of charge for the registration of the relevant meat establishment—remit an amount of that charge equal to the difference between the amounts referred to in paragraph (3) (e).
If:
(a) a person is liable to pay an amount of charge:
(i) imposed under section 6 of the
Domestic Meat Premises Charge Act 1993 for a meat establishment for the financial year ending on 30 June 1994; or(ii) for the registration of a meat establishment for the financial year ending on 30 June 1994; and
(b) AQIS issues an invoice to the person showing the day on which the first payment of the charge for the financial year is due for payment; and
(c) the person notifies the Secretary, before that day, that the establishment has ceased the operations for which the relevant kind of charge is payable; and
(d) the Secretary is satisfied that the establishment will not resume operations for which the relevant kind of charge is payable within 12 months after the day on it ceased operations;
the Secretary must remit the amount of the charge payable for the financial year.
If:
(a) a person is liable to pay an amount of charge:
(i) imposed under section 6 of the
Domestic Meat Premises Charge Act 1993 for a meat establishment for a financial year commencing after 30 June 1994; or(ii) for the registration of a meat establishment for a financial year commencing after 30 June 1994; and
(b) AQIS issues an invoice to the person showing the day on which a payment of the relevant kind of charge for the financial year is due for payment; and
(c) the person notifies the Secretary, before that day, that the establishment has ceased the operations for which the relevant kind of charge is payable; and
(d) the Secretary is satisfied that the establishment will not resume operations for which the relevant kind of charge is payable within 12 months after the day on it ceased operations;
the Secretary must remit the amount of the relevant kind of charge that is due for payment after the day referred to in paragraph (b).
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The Secretary may remit some or all of an amount of charge if the Secretary is satisfied that:
(a) in the case of domestic meat premises charge:
(i) the killing or processing plant for which the amount is payable changes from a kind of plant specified in one item of Schedule 2 to the Domestic Meat Premises Charge Regulations to a kind of plant specified in another item of that Schedule because there is a reduction in the inspection services allocated to, or provided at, the plant that the Secretary is satisfied is a permanent reduction; or
(ii) the killing or processing plant for which the amount is payable changes, for any other reason, from a kind of plant specified in one item of that Schedule to a kind of plant specified in another item of that Schedule to which a lesser amount of charge relates; or
(b) in the case of establishment registration charge:
(i) the registered establishment for which the amount is payable changes from an establishment specified in one item of the Schedule to the Export Inspection (Establishment Registration Charge) Regulations to an establishment specified in another item of that Schedule because there is a reduction in the inspection services allocated to, or provided at, the plant that the Secretary is satisfied is a permanent reduction; or
(ii) the establishment for which the amount is payable changes, for any other reason, from an establishment specified in one item of that Schedule to an establishment specified in another item of that Schedule to which a lesser amount of charge relates; or
(c) there are special circumstances that make it reasonable to remit some or all of the amount.”.
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1. Notified in the
Commonwealth of Australia Gazette on 22 March 1994.2. 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.
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