Edible Oils (Export Inspection Charge) Collection Act 1982

Edible Oils (Export Inspection Charge) Collection Act 1982

Act No. 13 of 1982

[Note: This Act is repealed by Act No. 28 of 1985]

This compilation was prepared on 2 May 2003

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]

2 Commencement

3 Interpretation

4 Inspecting officer to certify inspection on export notice, etc.

5 Due date for payment

6 Recovery of charge

7 Penalty for non‑payment

8 Offences relating to returns, etc.

9 Access to premises

10 Review of decisions

11 Regulations

Notes

An Act to make provision for the collection of the charge imposed by the Edible Oils (Export Inspection Charge) Act 1982

1  Short title [see Note 1]

  This Act may be cited as the Edible Oils (Export Inspection Charge) Collection Act 1982.

2  Commencement

  This Act shall come into operation on 1 July 1982.

3  Interpretation

 (1) In this Act, unless the contrary intention appears:

authorized officer  has the same meaning as in section 3 of the Export Control Act 1982.

certified export notice means an export notice certified in accordance with section 4.

charge means the charge imposed by the Edible Oils (Export Inspection Charge) Act 1982.

edible oils means edible fats or oils and includes products produced wholly or mainly from edible fats or oils but does not include dairy products within the meaning of the Dairy Products (Export Inspection Charge) Collection Act 1982.

edible oils inspected for export means edible oils in respect of which an export notice has been certified in accordance with section 4.

export notice, in relation to edible oils, means a notice furnished in relation to the edible oils in pursuance of regulations made for the purpose of section 6 of the Export Control Act 1982.

 (2) A reference in a provision of this Act to an authorized person is a reference to:

 (a) a person appointed by the Minister, in writing, to be an authorized person for the purposes of the provision; or

 (b) a person included in a class of persons appointed by the Minister, in writing, to be authorized persons for the purposes of the provision.

4  Inspecting officer to certify inspection on export notice, etc.

 (1) An authorized officer who:

 (a) in pursuance of the Export Control Act 1982 or regulations made under that Act, inspects and examines edible oils intended for export; and

 (b) in relation to the edible oils, is satisfied with respect to the matters specified for the purposes of this paragraph in regulations made under this Act;

shall certify to that effect on the export notice in relation to the edible oils.

 (2) A copy of a certified export notice shall be served in a manner prescribed by the regulations on the person who furnished the export notice.

 (3) Nothing in this section affects any regulations made under the Export Control Act 1982.

5  Due date for payment

  The amount of the charge on edible oils inspected for export is due for payment upon the expiration of 28 days after the last day of the month in which a copy of the certified export notice is served in accordance with section 4 in relation to the edible oils.

6  Recovery of charge

  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 7.

7  Penalty for non‑payment

 (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 20% 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 subsection (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 subsection (2) by an authorized person shall not exceed $100.

8  Offences relating to returns, etc.

  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, to his knowledge, false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 6 months, or both.

9  Access to premises

 (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 edible oils 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 subsection (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 edible oils 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 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) A warrant granted under subsection (3) shall specify a date after which the warrant ceases to have effect.

 (5) Where an authorized person has entered any premises in pursuance of subsection (1) or in pursuance of a warrant granted under subsection (3), he may exercise the functions of an authorized person under this section.

 (6) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under subsection (3) or acting in pursuance of subsection (5).

Penalty: $1,000 or imprisonment for 6 months, or both.

 (7) 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 edible oils inspected for export in respect of which charge is, or may be, payable.

10  Review of decisions

  Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister or an authorized person for the purposes of subsection 7(2).

11  Regulations

  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 the keeping of records relating to edible oils inspected for export;

 (d) requiring returns or information relating to edible oils inspected for export to be furnished to such persons as are prescribed;

 (e) prescribing the form of warrant for the purposes of section 9; and

 (f) prescribing penalties, not exceeding a fine of $200, for offences against the regulations.

Notes to the Edible Oils (Export Inspection Charge) Collection Act 1982

Note 1

The Edible Oils (Export Inspection Charge) Collection Act 1982 as shown in this compilation comprises Act No. 13, 1982 amended as indicated in the Tables below.

Table of Acts

Table of Amendments