Imported Food Control Amendment Regulations 2005 (No. 1) (Cth)

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Imported Food Control Amendment Regulations 2005 (No. 1)1

Select Legislative Instrument 2005 No. 120

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Imported Food Control Act 1992.

Dated 15 June 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

1Name of Regulations

These Regulations are the Imported Food Control Amendment Regulations 2005 (No. 1).

2Commencement

These Regulations commence on 1 July 2005.

3Amendment of Imported Food Control Regulations 1993

Schedule 1 amends the Imported Food Control Regulations 1993.

Schedule 1Amendments

(regulation 3)

[1]Regulation 3, definition of Australian Customs Service entry management system

omit

[2]Subregulation 33 (1)

omit

Part 1

insert

Part 2

[3]Subregulation 33 (2)

omit

Part 2

insert

Part 3

[4]Subregulation 33 (4)

substitute

  1. (4)

    In this regulation:

ordinary hours of duty has the same meaning as in Schedule 2.

[5]Schedule 2

substitute

Schedule 2Fees for chargeable services

(regulation 33)

Part 1Interpretation

1Definitions

In this Schedule:

AQIS entry management system means an electronic import control system maintained and administered by AQIS.

AQIS holiday, for an officer performing a chargeable service, means a Monday, Tuesday, Wednesday, Thursday or Friday that:

  1. (a)

    is a day observed as a public holiday in the place in which the officer performs the service; or

  2. (b)

    falls in the period beginning on 27 December and ending on 31 December in a year.

ordinary hours of duty, for an officer, means a period that begins at 6.30 am and ends at 6.30 pm on any weekday.

weekday, for an officer performing a chargeable service, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not an AQIS holiday for the officer.

working day, for an officer performing a chargeable service, means a period of 7.5 hours for which the officer performs the service during the ordinary hours of duty on a weekday.

Part 2Fees for chargeable services performed during ordinary hours of duty

Column 1

Column 2

Column 3

Item No.

Chargeable service

Fee

1

Inspection of food, including time spent:

For each officer performing the service:

  1. (a)

    arranging for a person to analyse the food; and

  2. (b)

    preparing an inspection report; and

  3. (c)

    assessing the results

  1. (a)

    for a working day — $714; or

  2. (b)

    for less than a working day:

  1. (i)

    for the first half hour, or part of a half hour — $80; and

  1. (ii)

    for each quarter hour, or part of a quarter hour, after the first half hour — $40

2

Assessment of information in an entry relating to a consignment of food that is made on an AQIS entry management system, other than an assessment as part of an inspection under item 1, for inclusion in a food control certificate for an import entry to which a recognised foreign government certificate relates

For each officer performing the service — $35.50 for each quarter hour, or part of a quarter hour

3

Assessment of information in an entry relating to a consignment of food that is made on an AQIS entry management system, other than an assessment as part of an inspection under item 1, for inclusion in a food control certificate

For each entry:

  1. (a)

    for an assessment based only on information in the entry — $27; and

  2. (b)

    if the officer performing the assessment requires additional information to perform the assessment — an additional $27

4

Supervision of the treatment, destruction or re-exportation of food under the Scheme

For each officer performing the service:

  1. (a)

    for the first half hour, or part of a half hour — $80; and

  2. (b)

    for each quarter hour, or part of a quarter hour, after the first half hour — $40

Part 3Additional fees for chargeable services performed out of ordinary hours of duty

Column 1

Column 2

Column 3

Item No.

Chargeable service

Additional Fee

5

A service mentioned in an item in Part 1 of Schedule 2 (when performed outside the ordinary hours of duty)

For each officer performing the service on a weekday (outside the ordinary hours of duty):

  1. (a)

    if the service is performed immediately before or immediately after services performed by the officer during the ordinary hours of duty — $10 for each quarter hour or part of a quarter hour; or

  2. (b)

    in any other case:

    1. (i)

      for any period up to 3 hours — $120; and

    2. (ii)

      for each quarter hour, or part of a quarter hour, after the 3 hour period — $10

6

For each officer performing the service on a Saturday:

  1. (a)

    for any period up to 3 hours — $120; and

  2. (b)

    for each quarter hour, or part of a quarter hour, after the 3 hour period — $10

7

For each officer performing the service on a Sunday:

  1. (a)

    for any period up to 3 hours — $156; and

  2. (b)

    for each quarter hour, or part of a quarter hour, after the 3 hour period — $13

8

For each officer performing the service on an AQIS holiday:

  1. (a)

    for any period up to 3 hours — $192; and

  2. (b)

    for each quarter hour, or part of a quarter hour, after the 3 hour period — $16

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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