Eggs (Export Inspection Charge) Collection Act 1982

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No. 15 of 1982

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

[Assented to 15 April 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Eggs (Export Inspection Charge) Collection Act 1982.

Commencement

2. This Act shall come into operation on 1 July 1982.

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“certified export notice” means an export notice certified in accordance with section 4;

“charge” means the charge imposed by the Eggs (Export Inspection Charge) Act 1982;

“eggs” means hen eggs and includes products wholly or mainly produced from hen eggs or from a constituent part of hen eggs;

“eggs inspected for export” means eggs in respect of which an export notice has been certified in accordance with section 4;

“export notice”, in relation to eggs, means a notice and declaration furnished in pursuance of regulation 18 of the Exports (Dairy Produce) Regulations in relation to the eggs;

“officer” has the same meaning as in section 3 of the Commerce (Trade Descriptions) Act 1905.

(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.

Inspecting officer to certify inspection on export notice, &c.

4. (1) An officer who, in pursuance of regulation 19 of the Exports (Dairy Produce) Regulations—

(a) inspects and examines eggs intended for export; and

(b) is satisfied with respect to the matters set out in paragraphs (1) (a) and (b) of that regulation,

shall certify to that effect on the export notice.

(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 the Exports (Dairy Produce) Regulations.

Due date for payment

5. The amount of the charge on eggs 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 eggs.

Recovery of charge

6. 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.

Penalty for non-payment

7. (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 10% 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 sub-section (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 sub-section (2) by an authorized person shall not exceed $100.

Offences relating to returns, &c.

8. 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.

Access to premises

9. (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 eggs 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 sub-section (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 eggs 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 sub-section (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 sub-section (1) or in pursuance of a warrant granted under sub-section (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 sub-section (3) or acting in pursuance of sub-section (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 eggs inspected for export in respect of which charge is, or may be, payable.

Review of decisions

10. 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 sub-section 7 (2).

Regulations

11. 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;

(d) requiring returns or information relating to eggs 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.

Overview

The Eggs (Export Inspection Charge) Collection Act 1982 was enacted to facilitate the collection of the charge imposed by the Eggs (Export Inspection Charge) Act 1982. This Act was passed by the Queen, with the assent of the Senate and the House of Representatives of the Commonwealth of Australia, on 15 April 1982, and it came into operation on 1 July 1982. The primary purpose of the Act is to ensure the timely collection of charges related to the inspection of eggs intended for export, thereby providing a structured process for both the imposition and recovery of these charges. This Act establishes the legal framework for the certification of export notices, sets out the due dates for payment, and outlines the penalties for non-payment, as well as providing mechanisms for the review of related decisions.

Scope and Application

The Eggs (Export Inspection Charge) Collection Act 1982 applies to persons or entities involved in the export of eggs, including hen eggs and products wholly or mainly produced from hen eggs or their constituent parts. This Act is a Commonwealth law, thereby extending its jurisdictional reach across Australia. The Act facilitates the collection of charges imposed under the Eggs (Export Inspection Charge) Act 1982. An officer who inspects and examines eggs intended for export must certify this on an export notice, which is then served on the person who furnished the export notice. The charge on inspected eggs for export is due for payment 28 days after the certified export notice is served. The Commonwealth can recover both the charge and any penalties for non-payment. Additionally, the Act includes provisions for penalties for furnishing false or misleading information, as well as for obstructing an authorized person. The Governor-General has the authority to make regulations to facilitate the collection of charges and other matters necessary for the Act's implementation, subject to the Act's constraints. Decisions made under the Act can be reviewed by the Administrative Appeals Tribunal.

Key Provisions

The Eggs (Export Inspection Charge) Collection Act 1982 (section 1) provides the framework for the collection of the charge imposed by the Eggs (Export Inspection Charge) Act 1982, coming into effect on 1 July 1982 (section 2). This Act defines key terms such as "certified export notice," "charge," "eggs," "eggs inspected for export," "export notice," and "officer" (section 3). It mandates that officers inspecting eggs for export certify their inspection on the export notice, with a copy served on the person who furnished the export notice (section 4). The charge becomes due 28 days after the service of the certified export notice (section 5). The Act allows the Commonwealth to recover the charge and any penalties (section 6) and imposes a penalty of 10% per annum for non-payment (section 7). Under the Act, there are specific obligations imposed on parties involved in the export of eggs. Officers inspecting eggs for export must certify the inspection on the export notice, ensuring compliance with the regulations (section 4). Persons subject to the charge are obligated to pay it within the specified timeframe, and failure to do so results in additional penalties (section 7). The Act also requires individuals to furnish accurate returns and information related to the export of eggs, with penalties for failing to comply or providing false information (section 8). Additionally, authorized persons are granted the authority to access premises to inspect relevant documents and records (section 9). The Act establishes consequences for breaches of its provisions. Failure to pay the charge within the stipulated period results in a penalty of 10% per annum on the unpaid amount (section 7). Furnishing false or misleading information in returns or documents carries a penalty of up to $1,000, imprisonment for six months, or both (section 8). Obstruction or hindrance of an authorized person executing their duties under a warrant is similarly penalized with a fine of up to $1,000, imprisonment for six months, or both (section 9). Furthermore, offences against the regulations prescribed under the Act may result in a fine of up to $200 (section 11).

Area of Law: Commercial Law
Instrument: Act
Concepts: Definitions & Interpretation; Offence Provisions; Enforcement Powers; Review & Sunset Clauses

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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