Export Inspection Charges Collection Regulations (Amendment) (Cth)

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Statutory Rules 1992

No. 251 1

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Export Inspection (Charges Collection)

Regulations(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 (Charges Collection) Act 1985 .

 Dated 21 July 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

SIMON CREAN

Minister of State for Primary Industries and Energy

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1.   Commencement

1.1   These Regulations commence on 1 August 1992.

2.   Amendment

2.1   The Export Inspection (Charges Collection) Regulations are amended as set out in these Regulations.

3.   Regulation 2a (Attendances by authorised officers to which section 3a of the Act does not apply)

3.1   Omit the Regulation.

4.   Regulation 2aa (Prescribed office)

4.1  Omit the regulation, substitute:

Prescribed offices where charge may be paid

 “2a. (1)  For the purposes of 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 the service is provided in Tasmania–the regional office of the Department in Melbourne.”.

5.   Regulation 2b (When charge is due for payment)

5.1   Omit the regulation, substitute:

When is charge due for payment?

 “2b. For the purposes of section 4 of the Act:

  • (a)

    the charge for registering an establishment for any operations associated with the preparation of of a prescribed commodity specified in subregulation 4 (1) of the Export Inspection (Establishment Registration Charges) Regulations must be paid on the due date indicated on the invoice issued by the Australian Quarantine and Inspection Service to the person who applied for the registration of the establishment; and

  • (b)

    the charge for registering an establishment for operations in addition to operations for which the establishment is registered must be paid on the due date shown on an invoice issued by the Australian Quarantine and Inspection Service to the person who applied for the registration of the establishment; and

  • (c)

    the quantity charge for an export inspection service on a prescribed commodity 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 by the Australian Quarantine and Inspection Service to the person who applied for the provision of that service;

  • (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 by the Australian Quarantine and Inspection Service to the person who applied for the provision of that service;

  • (e)

    the charge for an application for the registration or transfer of registration of an establishment must be paid at the time of making the application.”.

6.   Regulation 3

6.1   Add at the end:

“(2)

An exporter who provides particulars to the Department in accordance with regulation 3d, in relation to dairy produce, fish, fruit, fruit products that are dried fruit or processed fruit, vegetables or vegetable products that are processed vegetables, is taken to have furnished a return in accordance with subregulation (1).”.

7.   Regulation 3a (Returns in respect of service charge)

7.1   Omit the Regulation.

8.   Regulation 3b (Signing of returns)

8.1   Subregulation 3b(2):

Omit the subregulation.

8.2 Subregulation 3b(3):

Omit “or required under subregulation (2) to be signed by the registered occupier”.

8.3 Paragraph 3b(3)(a):

Omit “or registered occupier”.

8.4 Paragraph 3b(3)(b):

Omit “or registered occupier”.

8.5 Paragraph 3b(3)(c):

Omit “or registered occupier”.

9.   Regulation 3c (Lodgment of returns)

9.1   Omit “or 6a”.

9.2 Add at the end:

“(2)

An exporter who provides particulars to the Department in accordance with regulation 3d, in relation of dairy produce, fish, fruit, fruit products that are dried fruit or processed fruit, vegetables or vegetable products that are processed vegetables, is taken to have furnished a return in accordance with subregulation (1).”.

10.   New Regulation 3d

10.1   After Regulation 3c, insert:

Particulars in respect of quantity charge

“3D.

(1)  An exporter liable to quantity charge in respect of dairy produce, fish, fruit, fruit products that are dried fruit or processed fruit, vegetables or vegetable products that are processed vegetables, must provide the following particulars to the Department:

  • (a)

    the full name of the exporter; and

  • (b)

    the address of the exporter, that is not a post office box or bag; and

  • (c)

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

  • (d)

    the exporter’s account number; and

  • (e)

    the date of application; and

  • (f)

    the weight of the prescribed commodity to be exported, or of each of those prescribed commodities, as the case requires; and

  • (g)

    the name and form number of each form submitted with the application; and

  • (h)

    the AQIS service code for each service required; and

  • (i)

    the amount of service fee applicable to each prescribed commodity; and

  • (j)

    the total amount of service fees; and

  • (k)

    the Export Permit number; and

  • (l)

    shipping details necessary for processing the application.

“(2)

The particulars must be provided when:

  • (a)

    the exporter applies to the Department for an export permit; or

  • (b)

    the exporter applies for any other documentation in relation to export inspection kept and provided by the Department at the request of exporters.”.

11.Regulation 6 (Refund of charge)

11.1 Omit the regulation.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 July 1992.

2. Statutory Rules 1985 No. 145 as amended by 1985 No. 363; 1987 No. 253; 1988 No. 23; 1989 No. 406.

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