Imported Food Control Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 269 1

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Imported Food Control Regulations 2(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 Imported Food Control Act 1992.

Dated 5 September 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

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1.   Amendment

1.1   The Imported Food Control Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 33 (What fees are payable for chargeable services?)

2.1   Omit the regulation, substitute:

What fees are payable for chargeable services?

“33.

(1)For the purposes of section 36 of the Act, a person for whom there is provided a chargeable service referred to in column 2 of an item in Part 1 of Schedule 2 is liable to pay to the Commonwealth:

• (a)

  the amount, or an amount calculated at the rate, specified in Column 3 of that item for the provision of that service; and

• (b)

  the additional fee (if any) imposed under subregulation (2).

 “(2)If, when the service is provided by an officer, it is at a time outside the officer’s ordinary hours of duty, there is payable a fee calculated in accordance with the relevant item in Part 2 of Schedule 2.

 “(3)If a person requests that a chargeable service be provided at a particular time, and the provision of that service at that time would attract an additional fee under subregulation (2), the officer must tell the person of the additional fee before providing the service.

“(4)In this Regulation, and in Schedule 2:

‘ordinary hours of duty’, means a period that begins at 7.00 a.m. and ends at 5.00 p.m. on any day other than a Saturday or Sunday or a day that is a public holiday in the place where the service is provided.”.

3.   New regulation 36

3.1   After regulation 35, insert:

Prescribed chargeable service—lodgement of import entry

“36.

For the purposes of paragraph (e) of the definition of “chargeable service” in subsection 36 (11) of the Act, the service of the making of an import entry is prescribed.”.

4.   Schedule 2 (Fees)

4.1   Omit the Schedule, substitute:

“SCHEDULE 2 Regulation 33

“PART 1—Fees for services performed during ordinary hours of duty

Column  1   Item No.	Column 2   Chargeable service	Column 3   Fee
1.	Inspection of food, including time spent: (a) arranging for a person to analyse the food; and (b) making a documentary import entry	For each officer performing the service whose services are required for all of his or her ordinary hours of duty in a day—$531 a day For each officer performing the service whose services are required for less than all of his or her ordinary hours of duty in a day: (a) $60 for the first half hour, or part of a half hour, of his or her service; and (b) $30 for each subsequent quarter hour, or part of a quarter hour, of his or her service
2.	Assessment of information for inclusion in a food control certificate that is provided in relation to a consignment of food to which a recognised foreign government certificate relates	$25.00 for each consignment

SCHEDULE 2—continued

Column 1   Item No.	Column 2   Chargeable service	Column 3   Fee
3.	Assessment of information for inclusion in a food control certificate that is provided in relation to a consignment of food to which subregulation 5 (3) does not apply	$25.00 for each consignment
4.	Supervision of the treatment, destruction or re-exportation of food under the Scheme	For each officer performing the service: (a) $60 for the first half hour, or part of a half hour, of his or her service; and (b) $30 for each subsequent quarter hour, or part of a quarter hour, of his or her service
5.	Making an import entry	For an entry under the system known as the AQIS Import Management System—$5.00 For an entry of another kind—$10.00

SCHEDULE 2—continued

“PART 2—FEES FOR CHARGEABLE SERVICES PERFORMED OUT OF ORDINARY HOURS OF DUTY

Column 1   Item No.	Column 2   Chargeable service	Column 3   Fee
6.	A service referred to in an item in Part 1 of Schedule 2	If the officer is entitled to remuneration at the rate of time and a half: (a) subject to paragraph (b), $6.00 for each quarter hour, or part of a quarter hour, of his or her service; or (b) if the service is begun outside the officer’s ordinary hours of duty—the greater of $104.00 or the amount calculated under paragraph (a)
If the officer is entitled to receive remuneration at the rate of double time: (a) subject to paragraph (b), $8.00 for each quarter hour, or part of a quarter hour, of his or her service; or (b) if the service is begun outside the officer’s ordinary hours of duty—the greater of $128.00 or the amount calculated under paragraph (a)

SCHEDULE 2—continued

Column 1   Item No.	Column 2   Chargeable service	Column 3   Fee
If the officer is entitled to receive remuneration at the rate of double time and a half: (a) subject to paragraph (b), $10.00 for each quarter hour, or part of a quarter hour, of his or her service; or
(b) if the service is begun outside the officer’s ordinary hours of duty—the greater of $160.00 or the amount calculated under paragraph (a)”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 September 1995.

2. Statutory Rules 1993 No. 100 as amended by 1995 No. 172.