Quarantine Service Fees Amendment Determination 2010 (No. 1) (Cth)
Quarantine Service Fees Amendment Determination 2010 (No. 1)1
I, MIKE KELLY, Parliamentary Secretary for Agriculture, Fisheries and Forestry, make this Determination under section 86E of the Quarantine Act 1908.
Dated 8th December 2010
M J Kelly
MIKE KELLY
Parliamentary Secretary for Agriculture, Fisheries and Forestry
Name of Determination
This Determination is the Quarantine Service Fees Amendment Determination 2010 (No. 1).
Commencement
This Determination commences on the day after it is registered.
Amendment of Quarantine Service Fees Determination 2005
Schedule 1 amends the Quarantine Service Fees Determination 2005.
Schedule 1 Amendments
(section 3)
[1] Subsection 7C (5)
omit
, despite a circumstance set out in subsection (2),
insert
the whole or a
[2] After subsection 7C (5)
insert
(5A) In deciding:
(a) whether to make a determination under subsection (5); and
(b) if the Secretary decides to make a determination under subsection (5):
(i) whether the whole or a part of the deposit should be returned; and
(ii) if the Secretary decides that a part of the deposit should be returned – what part of the deposit that should be returned;
the Secretary must have regard to the matters set out in subsection (5B).
(5B) The matters are:
(a) whether the importation of the animal or egg into Australia was frustrated by the outbreak of a pest or disease in the country from which the animal or egg was, or was to be, imported; and
(b) whether the space reserved for the animal or egg at the quarantine station became unavailable because:
(i) another animal or egg was required to be held in the space; or
(ii) the facilities at the station became inoperable (for example, because of damage to the facilities); and
(c) whether the animal or egg is no longer required under the Act to be taken to or detained at the station; and
(d) whether the importer of the animal or egg arranged for the reservation of the space to be transferred to another importer of an animal or egg; and
(e) the extent to which the relevant circumstance set out in subsection (2) was within the control of the person who paid the deposit; and
(f) the extent to which the Secretary’s decision would affect the Commonwealth’s recovery of its costs related to the reservation of the space; and
(g) any other matter that the Secretary considers relevant.
[3] Subsection 7C (6)
after
should be returned.
insert
If the Secretary determines that the whole of the deposit should be returned, no part of the deposit is forfeited.
Notes
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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