Export Inspection Charge Collection Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 3631

Export Inspection Charge Collection

Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Export Inspection Charges Collection Act 1985.

Dated 19 December 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

John Kerin

Minister of State for Primary Industry

 

Commencement

1. These Regulations shall come into operation on 1 January 1986.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Export Inspection Charge Collection Regulations.

Citation

3. Regulation 1 of the Principal Regulations is amended by omitting “Charge” and substituting “Charges”.

Interpretation

4. Regulation 2 of the Principal Regulations is amended by omitting “Charge” and substituting “Charges”.

5. After regulation 2 of the Principal Regulations the following regulation is inserted:

(S.R. 324/85)—Cat. No. 11/11.12.1985

 

Attendances by authorised officers to which section 3a of the Act does not apply

“2a. For the purposes of section 3a of the Act, each of the following is declared to be an attendance to which that section does not apply:

(a) an attendance for the purpose of granting an export permit;

(b) an attendance to inspect the removal of fish from an establishment other than at the request of the occupier of that establishment;

(c) an attendance at an establishment registered for the preparation of fish, made solely for the purpose of determining whether or not the establishment complies with the provisions of any export control order applicable to fish relating to standards of hygiene and sanitation that are applicable to that establishment;

(d) an attendance by an officer of the head office of the Department made in connection with, and prior to, the approval by the Secretary of an arrangement between the Department and the occupier of an establishment entered into pursuant to an export control order, being an arrangement with respect to inspection procedures the purpose of which is to ensure the quality of prescribed commodities prepared at establishments;

(e) that part of an attendance to inspect more than one product at an establishment in which more than one product, including a product in respect of which service charge is not payable, are separately prepared, during which the product in respect of which service charge is not payable is inspected.”.

6. After regulation 5 of the Principal Regulations the following regulation is inserted:

Refund of charge

“6. (1) Where the registration of an establishment lapses, or is revoked or suspended, pursuant to an export control order, the occupier of the establishment may apply in writing to the Secretary for a refund of establishment registration charge of an amount that bears to the total amount paid as a registration charge in respect of the registration of that establishment the same proportion as the number of complete unexpired months of that registration, less one, bears to 12.

“(2) The Secretary of the Department shall, if he or she is satisfied that the occupier of an establishment is entitled to a refund of charge calculated in accordance with sub-regulation (1), cause that refund to be made.”.

Schedule 1

7. The form in Schedule 1 to the Principal Regulations is amended—

(a) by omitting “Charge”(wherever occurring) and substituting “Charges”; and

(b) by inserting “or 6a” after “section 6”.

 

Schedule 2

8. The form in Schedule 2 to the Principal Regulations is amended—

(a) by omitting “Charge Collection”(wherever occurring) and substituting “Charges Collection”; and

(b) by omitting “Charge Act” and substituting “Charges Collection Act”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 December 1985.

2. Statutory Rules 1985 No. 145.

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