Fish (Export Inspection Charge) Collection Act 1981

Legislation au C2004A02436 Not in force Act

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Fish (Export Inspection Charge) Collection Act 1981

No. 58 of 1981

 

An Act to make provision for the collection of the charge imposed by the Fish (Export Inspection Charge) Act 1981

[Assented to 12 June 1981]

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 Fish (Export Inspection Charge) Collection Act 1981.

Commencement

2. This Act shall come into operation on 1 July 1981.

Interpretation

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

“authorized person” means—

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

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


“charge” has the same meaning as in the Fish (Export Inspection Charge) Act 1981;

“fish” has the same meaning as in the Fish (Export Inspection Charge) Act 1981;

“fish inspected for export” has the same meaning as in the Fish (Export Inspection Charge) Act 1981.

Due date for payment

4. The amount of the charge on fish inspected for export is due for payment on the expiration of 28 days after the last day of the month in which the export permit is issued, under Regulation 24 of the Exports (Fish) Regulations, in relation to the fish.

Recovery of charge

5. (1) 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 6.

(2) In proceedings for the recovery of a debt referred to in sub-section (1), a statement or averment in the complaint, claim or declaration of the plaintiff is prima facie evidence of the matter so stated or averred.

Penalty for non-payment

6. (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.

7. 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 false or misleading in a material particular.

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


Access to premises

8. (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 fish 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 fish 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 of the day or night 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) 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.

(5) 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 (4).

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

(6) 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 fish inspected for export in respect of which charge is, or may be, payable.

Regulations

9. 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 exporters and other persons to keep records relating to fish inspected for export;

(d) requiring exporters and other persons to furnish returns or information relating to fish inspected for export to such persons as are prescribed;

(e) prescribing the form of warrant for the purposes of section 8; and

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

Overview

The Fish (Export Inspection Charge) Collection Act 1981 was enacted to facilitate the collection of the charge imposed by the Fish (Export Inspection Charge) Act 1981. This Act was passed by the Parliament of Australia to address the need for a structured and efficient mechanism to collect charges related to the export inspection of fish. The primary policy objective is to ensure that the charges levied for the inspection of fish for export purposes are collected effectively and that compliance with related regulations is enforced. This is achieved by establishing a framework for the assessment and recovery of these charges, as well as the imposition of penalties for non-payment and other regulatory breaches. The Act outlines the procedures for the collection of charges, including the due dates for payment, the recovery of outstanding amounts, and the imposition of penalties for non-compliance. It also provides authorised officers with the necessary powers to enter premises and access relevant documentation to ensure compliance. Additionally, the Act includes provisions for the making of regulations to further detail the implementation and enforcement of the Act, including the form and manner of payment, the remission of charges, and the requirement for record-keeping and reporting by exporters and other relevant parties.

Scope and Application

The Fish (Export Inspection Charge) Collection Act 1981 applies to the collection of charges imposed on the export of fish as outlined in the Fish (Export Inspection Charge) Act 1981. This Act is concerned with the enforcement and administrative processes surrounding the collection of these charges. It applies to any person or entity involved in the export of fish that is subject to the inspection charge, including exporters and their representatives. The Act's jurisdiction is national, as it is a Commonwealth Act, and it extends to any place within Australia where the regulated activity occurs. There are no specific exclusions stated in the Act itself, but the scope of application can be extended or restricted through subordinate regulations. These regulations may specify matters such as the manner of payment, the form of warrants for inspections, and penalties for non-compliance, among others. The Act allows authorized persons, appointed by the Minister, to enter premises and inspect relevant documents to ensure compliance with the charge regulations.

Key Provisions

The Fish (Export Inspection Charge) Collection Act 1981 (section 4) specifies that the charge on fish inspected for export must be paid within 28 days following the last day of the month in which the export permit is issued under the Exports (Fish) Regulations. Section 5 of the Act allows the Commonwealth to recover two types of amounts: the charge itself and any penalties payable under section 6. In proceedings for debt recovery, a statement or averment in the complaint, claim, or declaration of the plaintiff is considered prima facie evidence of the stated matter. Under the Act, entities and individuals subject to the charge must ensure that they comply with the payment deadline set out in section 4. Failure to do so may result in additional penalties, as outlined in section 6. Additionally, the Act imposes requirements on exporters and other relevant parties to keep records and provide necessary information, as prescribed in regulations under section 9. Authorized persons under the Act are granted certain powers to enter and inspect premises to verify compliance with these obligations. Section 7 of the Act prohibits the failure to furnish required returns or information and the provision of false or misleading information, with penalties including a fine of up to $1,000 or imprisonment for six months, or both. Section 8 allows authorized persons to enter premises to exercise their functions, including searching for and inspecting relevant documents, with penalties for obstruction of such activities also set at up to $1,000 or imprisonment for six months, or both. Additionally, section 9 permits the Governor-General to make regulations, including prescribing penalties for offences against these regulations, with fines not exceeding $200.

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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.