Quarantine Charges (Collection) Regulation 2014

Quarantine Charges (Collection) Regulation 2014

Select Legislative Instrument No. 68, 2014

made under the

Quarantine Charges (Collection) Act 2014

Compilation No. 1

Compilation date:    1 December 2015

Includes amendments up to: SLI No. 194, 2015

Registered:    11 December 2015

About this compilation

This compilation

This is a compilation of the Quarantine Charges (Collection) Regulation 2014 that shows the text of the law as amended and in force on 1 December 2015 (the compilation date).

This compilation was prepared on 10 December 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name of regulation

3 Authority

4 Definitions

Part 2—Paying quarantine charges

5 Time for payment

6 Agent’s liability to pay quarantine charge

Part 3—Unpaid quarantine charges

7 Late payment fee

8 Person liable to pay late payment fee

Part 3—Miscellaneous

9 Notices or directions given to agents etc.

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name of regulation

  This regulation is the Quarantine Charges (Collection) Regulation 2014.

3  Authority

  This regulation is made under the Quarantine Charges (Collection) Act 2014.

4  Definitions

  In this regulation:

Act means the Quarantine Charges (Collection) Act 2014.

quarantine charge (customs) means a charge imposed under section 7 of the Quarantine Charges (Imposition—Customs) Act 2014.

quarantine charge (general) means a charge imposed under section 7 of the Quarantine Charges (Imposition—General) Act 2014.

Part 2—Paying quarantine charges

5  Time for payment

  For paragraph 10(a) of the Act, a quarantine charge (customs), or a quarantine charge (general), is due and payable when a demand for payment of the charge is made.

6  Agent’s liability to pay quarantine charge

 (1) For paragraph 10(b) of the Act, an agent of a person liable to pay a quarantine charge (customs), or a quarantine charge (general), is jointly and severally liable with that person to pay the charge.

 (2) If:

 (a) an agent of a person liable to pay a quarantine charge (customs), or a quarantine charge (general), pays the charge on behalf of the person; and

 (b) at the time when the payment is made, the agent has not collected an amount equivalent to the charge from the person;

the agent may recover such an amount from the person as a debt due to the agent.

Part 3—Unpaid quarantine charges

7  Late payment fee

 (1) For subsection 13(1) of the Act, if a quarantine charge (customs), or a quarantine charge (general), (the relevant charge) is not paid at or before the time the charge is due and payable, a late payment fee, worked out in accordance with subsection (2), is due and payable in addition to the charge.

 (2) The late payment fee is worked out using the following formula:

where:

days overdue is the number of days after the relevant charge is due and payable that elapse before the day on which the charge is paid.

8  Person liable to pay late payment fee

  For subsection 13(3) of the Act, if a quarantine charge (customs), or a quarantine charge (general), is not paid at or before the time the charge is due and payable, the person who is liable to pay the charge, and any agent of that person, are jointly and severally liable to pay a late payment fee in relation to the charge under section 7 of this regulation.

Part 3—Miscellaneous

9  Notices or directions given to agents etc.

 (1) For paragraph 45(2)(a) of the Act, if a notice or direction in relation to goods or a vessel is given under the Act to an agent of the owner, or a person in control, of the goods or the vessel, the notice or direction is taken to have been given to the owner, or the person in control, of the goods or the vessel.

 (2) For paragraph 45(2)(a) of the Act, if an agent of the owner, or a person in control, of goods or a vessel is required under the Act to do a thing in relation to the goods or the vessel, the owner, or the person in control, of the goods or the vessel is taken to be required to do the thing.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history