Export Inspection Charges Laws Amendment Act 1993 (Cth)

Export Inspection Charges Laws

Amendment Act 1993

No. 101 of 1993

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title

2. Commencement

PART 2—AMENDMENTS OF THE EXPORT INSPECTION CHARGES

COLLECTION ACT 1985

3. Principal Act

4. Amendment of title

5. Short title

6. Interpretation

7. Manner of payment

8. Insertion of new section:

12A. Withdrawal of services

9. Reconsideration and review of decisions

10. Insertion of new section:

16B. Delegation by Secretary

PART 3—AMENDMENTS OF OTHER ACTS

11. Amendment of the Export Inspection (Quantity Charge) Act 1985

12. Amendment of the Export Inspection (Establishment Registration Charges) Act 1985

13. Amendment of the Export Inspection (Service Charge) Act 1985

Export Inspection Charges Laws Amendment Act 1993

No. 101 of 1993

An Act to amend various Acts relating to export inspection charges

[Assented to 22 December 1993]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Export Inspection Charges Laws Amendment Act 1993.

Commencement

2. This Act commences, or is taken to have commenced, on 1 January 1994.

PART 2—AMENDMENTS OF THE EXPORT INSPECTION

CHARGES COLLECTION ACT 1985

Principal Act

3. In this Part, “Principal Act” means the Export Inspection Charges Collection Act 19851.

Amendment of title

4. The title of the Principal Act is amended by omitting “and the Export Inspection (Service Charge) Act 1985” and substituting “, the Export Inspection (Service Charge) Act 1985 and the Domestic Meat Premises Charge Act 1993”.

Short title

5. Section 1 of the Principal Act is amended by inserting “and Meat” after “Inspection”.

Interpretation

6. Section 3 of the Principal Act is amended:

(a) by adding at the end of paragraph (a) of the definition of “charge” in subsection (1) “or”;

(b) by omitting “and” from paragraph (b) of the definition of “charge” in subsection (1) and substituting “or”;

(c) by adding at the end of the definition of “charge” in subsection (1) the following word and paragraph:

“; or (d) domestic meat premises charge;”;

(d) by inserting in subsection (1) the following definitions:

“ ‘domestic meat premises charge’ means a charge imposed by the Domestic Meat Premises Charge Act 1993;

‘killing or processing plant’ has the same meaning as in the Domestic Meat Premises Charge Act 1993;”.

Manner of payment

7. Section 5 of the Principal Act is amended by adding at the end the following subsection:

“(4) The payment of an amount of domestic meat premises charge may be made at any prescribed office.”.

Insertion of new section

8. After section 12 of the Principal Act the following section is inserted:

Withdrawal of services

“12A.(1) If the amount of any domestic meat premises charge has not been paid by the day on which it is required to be paid, the Secretary may issue a direction under subsection (2).

“(2) The Secretary may, in writing, direct that specified services under:

(a) the Meat Inspection Act 1983; or

(b) regulations or orders made under that Act;

are not to be provided, in relation to the killing or processing plant in respect of which the charge has not been paid, by authorised officers within the meaning of that Act.

“(3) Despite anything in the Meat Inspection Act 1983, the authorised officers must comply with any direction that is in force.”.

Reconsideration and review of decisions

9. Section 16 of the Principal Act is amended by omitting from subsection (1) the definition of “relevant decision” and substituting the following definition:

“ ‘relevant decision’ means:

(a) a decision of an authorised person under subsection 11(2); or

(b) a decision of the Secretary under section 12A;”.

Insertion of new section

10. After section 16A of the Principal Act the following section is inserted:

Delegation by Secretary

“16B. The Secretary may, by signed instrument, delegate the power conferred on the Secretary under section 12A to an officer of the administrative unit, known as the Australian Quarantine and Inspection Service, in the Department.”.

PART 3—AMENDMENTS OF OTHER ACTS

Amendment of the Export Inspection (Quantity Charge) Act 1985

11. Section 3 of the Export Inspection (Quantity Charge) Act 19852 is amended by inserting “and Meat” after “Inspection”.

Amendment of the Export Inspection (Establishment Registration Charges) Act 1985

12. Section 3 of the Export Inspection (Establishment Registration Charges) Act 19853 is amended by inserting “and Meat” after “Inspection”.

Amendment of the Export Inspection (Service Charge) Act 1985

13. Section 3 of the Export Inspection (Service Charge) Act 19854 is amended by inserting “and Meat” after “Inspection”.

NOTES

Export Inspection Charges Collection Act 1985

1. No. 27, 1985, as amended. For previous amendments, see No. 115, 1985; Nos. 141 and 158, 1987; and No. 25, 1988.

Export Inspection (Quantity Charge) Act 1985

2. No. 26, 1985, as amended. For previous amendments, see No. 115, 1985; and No. 33, 1989.

Export Inspection (Establishment Registration Charges) Act 1985

3. No. 117, 1985, as amended. For previous amendment, see No. 159, 1987.

Export Inspection (Service Charge) Act 1985

4. No. 116, 1985, as amended. For previous amendment, see No. 26, 1988.

[Minister’s second reading speech made in—

House of Representatives on 28 September 1993

Senate on 16 November 1993