Fish (Export
Inspection Charge) Collection Act 1981
No. 58 of 1981
An Act to make provision for the
collection of the charge imposed by the Fish
(Export Inspection Charge) Act 1981
[Assented to 12 June 1981]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
Short
title
1. This Act may be cited
as the Fish (Export Inspection Charge)
Collection Act 1981.
Commencement
2. This Act shall come
into operation on 1 July 1981.
Interpretation
3. In this Act, unless the
contrary intention appears—
“authorized
person” means—
(a)
a person appointed by the Minister, in writing, to be an authorized person for
the purposes of this Act; or
(b)
a person included in a class of persons appointed by the Minister, in writing,
to be authorized persons for the purposes of this Act;
“charge”
has the same meaning as in the Fish (Export Inspection Charge) Act 1981;
“fish”
has the same meaning as in the Fish (Export Inspection Charge) Act 1981;
“fish
inspected for export” has the same meaning as in the Fish (Export Inspection
Charge) Act 1981.
Due
date for payment
4. The amount of the
charge on fish inspected for export is due for payment on the expiration of 28
days after the last day of the month in which the export permit is issued,
under Regulation 24 of the Exports (Fish) Regulations, in relation to the fish.
Recovery
of charge
5. (1) The following amounts may be recovered by the Commonwealth as
debts due to the Commonwealth:
(a)
an amount of charge that is due for payment; and
(b)
an amount payable by way of penalty under section 6.
(2) In proceedings for the
recovery of a debt referred to in sub-section (1), a statement or averment in
the complaint, claim or declaration of the plaintiff is prima facie evidence of the matter so stated or averred.
Penalty
for non-payment
6. (1) Where the liability of
a person to pay any charge is not discharged on or before the date on which the
charge is due for payment, there is payable by that person to the Commonwealth
by way of penalty, in addition to that charge, an amount calculated at the rate
of 10% per annum upon that charge or upon that part of that charge from time to
time remaining unpaid, to be computed from the time when that charge became due
for payment.
(2) The Minister or,
subject to sub-section (3), an authorized person may, in a particular case, for
a reason that the Minister or the authorized person, as the case may be, in his
discretion, thinks sufficient, remit the whole or a part of an amount payable
under this section.
(3) A remission granted
under sub-section (2) by an authorized person shall not exceed $100.
Offences
relating to returns, &c.
7. A person shall not—
(a)
fail or neglect duly to furnish a return or information that he is required
under the regulations to furnish; or
(b)
furnish, in pursuance of the regulations, a return or information that is false
or misleading in a material particular.
Penalty: $1,000 or imprisonment for
6 months, or both.
Access
to premises
8. (1) An authorized person may, with the consent of the occupier of
any premises, enter the premises for the purpose of exercising the functions of
an authorized person under this section.
(2) Where an authorized
person has reason to believe that there are on any premises (including premises
of, or occupied by, a State or an authority of a State) books, documents or
papers relating to fish inspected for export in respect of which charge is, or
may be, payable, the authorized person may make application to a Justice of the
Peace for a warrant authorizing the authorized person to enter the premises for
the purpose of exercising the functions of an authorized person under this
section.
(3) If, on an application
under sub-section (2), the Justice of the Peace is satisfied, by information on
oath or affirmation—
(a)
that there is reasonable ground for believing that there are on the premises to
which the application relates any books, documents or papers relating to fish
inspected for export in respect of which charge is, or may be, payable; and
(b)
that the issue of the warrant is reasonably required for the purposes of this
Act,
the
Justice of the Peace may grant a warrant authorizing the authorized person,
with such assistance as the person thinks necessary, to enter the premises,
during such hours of the day or night as the warrant specifies or, if the
warrant so specifies, at any time, if necessary by force, for the purpose of
exercising the functions of an authorized person under this section.
(4) Where an authorized
person has entered any premises in pursuance of sub-section (1) or in pursuance
of a warrant granted under sub-section (3), he may exercise the functions of an
authorized person under this section.
(5) A person shall not,
without reasonable excuse, obstruct or hinder an authorized person acting in
pursuance of a warrant granted under sub-section (3) or acting in pursuance of
sub-section (4).
Penalty:
$1,000 or imprisonment for 6 months, or both.
(6) The functions of an
authorized person under this section are to search for, inspect, take extracts
from and make copies of any books, documents or papers relating to fish
inspected for export in respect of which charge is, or may be, payable.
Regulations
9. The Governor-General
may make regulations, not inconsistent with this Act, prescribing all matters
required or permitted by this Act to be prescribed, or necessary or convenient
to be prescribed for carrying out or giving effect to this Act or for facilitating
the collection or recovery of any debt due to the Commonwealth under this Act
and, in particular—
(a)
providing for the manner of payment of charge and other moneys payable to the
Commonwealth under this Act;
(b)
providing for the remission or refund of charge in specified circumstances;
(c)
requiring exporters and other persons to keep records relating to fish
inspected for export;
(d)
requiring exporters and other persons to furnish returns or information
relating to fish inspected for export to such persons as are prescribed;
(e)
prescribing the form of warrant for the purposes of section 8; and
(f)
prescribing penalties, not exceeding a fine of $200, for offences against the
regulations.