Fish (Export Inspection Charge) Collection Regulations (Cth)

Statutory Rules 1981 No. 1811

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Fish (Export Inspection Charge) Collection Regulations

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Fish (Export Inspection Charge) Collection Act 1981.

Dated 25 June 1981.

STANLEY BURBURY

Administrator

By His Excellency’s Command,

PETER NIXON

Minister of State for Primary Industry

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Citation

1. These Regulations may be cited as the Fish (Export Inspection Charge) Collection Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

“authorized agent” means a person appointed by an exporter under regulation 6 to be his authorized agent;

“Department” means the Department of State administered by the Minister of State for the time being administering the Act;

“rock lobster” means Crustacea of the genus Jasus or Panulirus;

“Secretary” means the person who, for the time being, is, or is performing the duties of, the Permanent Head of the Department within the meaning of the Public Service Act 1922;

“the Act” means the Fish (Export Inspection Charge) Collection Act 1981;

 

Payment

3. The payment of charge and other moneys payable to the Commonwealth under the Act with respect to fish inspected for export shall be made to the Collector of Public Moneys at the office of the Department in Canberra.

Returns

4. (1) An exporter of fish inspected for export shall, in relation to all fish in respect of which an export permit is issued to him under regulation 24 of the Exports (Fish) Regulations in any month, furnish to the Secretary a return containing the particulars specified in sub-regulation (2).

(2) The particulars referred to in sub-regulation (1) are the following particulars:

(a) the full name and address of the exporter;

(b) the month to which the return relates;

(c) the number (if any) of each export permit issued to the exporter during the month;

(d) the place at which and the date on which each export permit referred to in paragraph (c) was issued;

(e) the number of kilograms of fish other than shellfish and the amount of charge imposed on that fish;

(f) the number of kilograms of shellfish other than oysters, rock lobster, squid, cuttlefish and octopus and the amount of charge imposed on that fish;

(g) the number of dozens of oysters in the shell or half shell and the amount of charge imposed on that fish;

(h) the number of kilograms of oysters not in the shell or half shell and the amount of charge imposed on that fish;

(i) the number of kilograms of rock lobster and the amount of charge imposed on that fish;

(j) the number of kilograms of squid, cuttlefish or octopus and the amount of charge imposed on that fish.

Execution and lodgment of returns

5. A return referred to in regulation 4—

(a) shall be signed—

(i) by the person furnishing the return or his authorized agent; or

(ii) where that person is a company—by a director or the secretary of the company or by the authorized agent of the company; and

(b) shall be furnished to the Secretary by lodging it at the office of the Department within 28 days after the last day of the month to which it relates.

Authorized agent

6. (1) A person who is required to furnish a return under regulation 4 may, by instrument in writing, appoint a person to be his authorized agent for the purpose of signing that return.

(2) An instrument referred to in sub-regulation (1) shall be in accordance with the form in the Schedule and when completed shall be lodged at the office of the Department in Canberra.

Proper records to be kept

7. (1) An exporter of fish inspected for export shall keep, or cause to be kept, proper records showing—

(a) the number (if any) of each export permit issued to him under regulation 24 of the Exports (Fish) Regulations in respect of such fish;

(b) the place at which and the date on which each such export permit was issued;

(c) the number of kilograms of fish other than shellfish referred to in each such export permit;

(d) the number of kilograms of shellfish other than oysters, rock lobster, squid, cuttlefish and octopus referred to in each such export permit;

(e) the number of dozens of oysters in the shell or half shell referred to in each such export permit;

(f) the number of kilograms of oysters not in the shell or half shell referred to in each such export permit;

(g) the number of kilograms of rock lobster referred to in each such export permit; and

(h) the number of kilograms of squid, cuttlefish or octopus referred to in each such export permit.

(2) The records referred to in sub-regulation (1) shall be retained by the exporter until the expiration of 3 years from the date of issue of each export permit.

Penalty: $200.

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SCHEDULE Regulation 6

COMMONWEALTH OF AUSTRALIA

Fish (Export Inspection Charge) Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary

I (full name and address) hereby appoint (full name, address and occupation of authorized agent) a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf a return prepared for the purposes of regulation 4 of the Fish (Export Inspection Charge) Collection Regulations.

Dated this day of .

(Signature of person appointing authorized agent or, where the person is a company, signature of a director or the secretary of the company and his designation)

Dated this day of .

(Signature of authorized agent)

 

NOTE

1. Notified in the Commonwealth of Australia Gazette