Fish (Export Inspection Charge) Collection Regulations

Legislation au C2004L04637 Regulations Not in force Legislative Instrument

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Statutory Rules 1981 No. 1811

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Fish (Export Inspection Charge) Collection Regulations

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Fish (Export Inspection Charge) Collection Act 1981.

Dated 25 June 1981.

STANLEY BURBURY

Administrator

By His Excellency’s Command,

PETER NIXON

Minister of State for Primary Industry

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Citation

1. These Regulations may be cited as the Fish (Export Inspection Charge) Collection Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

“authorized agent” means a person appointed by an exporter under regulation 6 to be his authorized agent;

“Department” means the Department of State administered by the Minister of State for the time being administering the Act;

“rock lobster” means Crustacea of the genus Jasus or Panulirus;

“Secretary” means the person who, for the time being, is, or is performing the duties of, the Permanent Head of the Department within the meaning of the Public Service Act 1922;

“the Act” means the Fish (Export Inspection Charge) Collection Act 1981;


Payment

3. The payment of charge and other moneys payable to the Commonwealth under the Act with respect to fish inspected for export shall be made to the Collector of Public Moneys at the office of the Department in Canberra.

Returns

4. (1) An exporter of fish inspected for export shall, in relation to all fish in respect of which an export permit is issued to him under regulation 24 of the Exports (Fish) Regulations in any month, furnish to the Secretary a return containing the particulars specified in sub-regulation (2).

(2) The particulars referred to in sub-regulation (1) are the following particulars:

(a) the full name and address of the exporter;

(b) the month to which the return relates;

(c) the number (if any) of each export permit issued to the exporter during the month;

(d) the place at which and the date on which each export permit referred to in paragraph (c) was issued;

(e) the number of kilograms of fish other than shellfish and the amount of charge imposed on that fish;

(f) the number of kilograms of shellfish other than oysters, rock lobster, squid, cuttlefish and octopus and the amount of charge imposed on that fish;

(g) the number of dozens of oysters in the shell or half shell and the amount of charge imposed on that fish;

(h) the number of kilograms of oysters not in the shell or half shell and the amount of charge imposed on that fish;

(i) the number of kilograms of rock lobster and the amount of charge imposed on that fish;

(j) the number of kilograms of squid, cuttlefish or octopus and the amount of charge imposed on that fish.

Execution and lodgment of returns

5. A return referred to in regulation 4—

(a) shall be signed—

(i) by the person furnishing the return or his authorized agent; or

(ii) where that person is a company—by a director or the secretary of the company or by the authorized agent of the company; and

(b) shall be furnished to the Secretary by lodging it at the office of the Department within 28 days after the last day of the month to which it relates.


Authorized agent

6. (1) A person who is required to furnish a return under regulation 4 may, by instrument in writing, appoint a person to be his authorized agent for the purpose of signing that return.

(2) An instrument referred to in sub-regulation (1) shall be in accordance with the form in the Schedule and when completed shall be lodged at the office of the Department in Canberra.

Proper records to be kept

7. (1) An exporter of fish inspected for export shall keep, or cause to be kept, proper records showing—

(a) the number (if any) of each export permit issued to him under regulation 24 of the Exports (Fish) Regulations in respect of such fish;

(b) the place at which and the date on which each such export permit was issued;

(c) the number of kilograms of fish other than shellfish referred to in each such export permit;

(d) the number of kilograms of shellfish other than oysters, rock lobster, squid, cuttlefish and octopus referred to in each such export permit;

(e) the number of dozens of oysters in the shell or half shell referred to in each such export permit;

(f) the number of kilograms of oysters not in the shell or half shell referred to in each such export permit;

(g) the number of kilograms of rock lobster referred to in each such export permit; and

(h) the number of kilograms of squid, cuttlefish or octopus referred to in each such export permit.

(2) The records referred to in sub-regulation (1) shall be retained by the exporter until the expiration of 3 years from the date of issue of each export permit.

Penalty: $200.

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SCHEDULE Regulation 6

COMMONWEALTH OF AUSTRALIA

Fish (Export Inspection Charge) Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary

I (full name and address) hereby appoint (full name, address and occupation of authorized agent) a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf a return prepared for the purposes of regulation 4 of the Fish (Export Inspection Charge) Collection Regulations.

Dated this    day of   .

(Signature of person appointing authorized agent or, where the person is a company, signature of a director or the secretary of the company and his designation)

Dated this    day of   .

(Signature of authorized agent)

 

NOTE

1. Notified in the Commonwealth of Australia Gazette on 30 June 1981.

Overview

The Fish (Export Inspection Charge) Collection Regulations, 1981, were established under the Fish (Export Inspection Charge) Collection Act 1981 to facilitate the collection of export inspection charges on fish exported from Australia. Enacted by the Commonwealth of Australia through the authority of the Administrator, with advice from the Federal Executive Council, these regulations address the need for a structured process to manage the financial obligations of exporters of inspected fish. The primary policy objective is to ensure accurate and timely payment of charges, as well as the proper record-keeping and reporting by exporters to maintain compliance with export regulations. The regulations mandate that exporters furnish detailed returns to the Department of State and keep comprehensive records of their export activities, thereby supporting the administration of export inspection charges and ensuring the efficient operation of the export inspection regime.

Scope and Application

The Fish (Export Inspection Charge) Collection Regulations 1981 apply to any person or entity exporting fish subject to an export inspection charge under the Fish (Export Inspection Charge) Collection Act 1981. This includes individuals, companies, and other entities involved in the export of fish, such as fish processors and exporters, who must comply with the regulations to ensure proper reporting and payment of export inspection charges. The regulations establish the process for the payment of charges to the Commonwealth, the submission of returns by exporters, and the requirements for authorized agents and record-keeping. The Act applies nationally, extending the reach of the Commonwealth to regulate and collect export inspection charges on fish exports. The regulations do not specify any exclusions or exemptions, but they do provide for the appointment of authorized agents to facilitate compliance. The application of the Act and Regulations may be further extended or restricted through subordinate instruments as deemed necessary by the Commonwealth.

Key Provisions

The Fish (Export Inspection Charge) Collection Regulations 1981, which were made under the Fish (Export Inspection Charge) Collection Act 1981, establish the procedures for the collection of charges and other payments related to the export inspection of fish. The regulations include definitions (Regulation 2), requirements for payment (Regulation 3), and the obligation to furnish returns (Regulation 4). They specify that the payment of the charge and other moneys payable to the Commonwealth must be made to the Collector of Public Moneys at the Department's office in Canberra (Regulation 3). Exporters are required to submit monthly returns to the Secretary detailing the quantity and charge for various types of fish exported (Regulation 4). Returns must be signed by the exporter or their authorised agent and lodged within 28 days after the end of the relevant month (Regulation 5). Exporters can appoint an authorised agent to sign returns on their behalf, with the appointment documented in a specific form (Regulation 6 and Schedule). Additionally, exporters must maintain detailed records of export permits and quantities of fish for three years from the date of issue (Regulation 7). The Fish (Export Inspection Charge) Collection Regulations impose several obligations on exporters of fish that are inspected for export. Primarily, they must ensure that all charges and other payments due to the Commonwealth are made to the Collector of Public Moneys at the Department's office in Canberra (Regulation 3). Exporters are also required to provide detailed monthly returns to the Secretary, including specific particulars about the fish exported, the export permits issued, and the charges applied (Regulation 4). These returns must be signed by the exporter or their authorised agent and submitted within 28 days after the end of the relevant month (Regulation 5). Exporters must also keep proper records of their export activities for a period of three years from the date of the export permit issue (Regulation 7). Failure to comply with these obligations can result in legal consequences. The Fish (Export Inspection Charge) Collection Regulations include specific penalties for non-compliance with the obligations they impose. Regulation 7 provides that an exporter who fails to keep proper records as required will be subject to a penalty of $200. This penalty is a clear deterrent designed to ensure compliance with the regulatory requirements. Additionally, while not explicitly stated in the provided text, failure to submit the required returns or make the necessary payments could potentially lead to further legal action or penalties under the overarching Fish (Export Inspection Charge) Collection Act 1981. These could include fines or other enforcement actions to ensure compliance with the legislative framework governing fish export inspections in Australia.

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Area of Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Payment Provisions

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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.