An Act to provide for the collection of imported food charges, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Imported Food Charges (Collection) Act 2015.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 30 June 2015 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Simplified outline of this Act
This Act is about the collection of imported food charges.
Part 2 deals with the payment of imported food charges. The regulations may prescribe the time when imported food charges are due and payable. The regulations may also prescribe rules relating to the liability of agents to pay imported food charges and the recovery of such charges.
Part 3 deals with unpaid imported food charges. A late payment fee may be payable if an imported food charge is not paid on time. If a person does not pay an imported food charge or late payment fee, the Secretary may do either or both of the following:
(a) suspend or revoke one or more imported food control instruments of the person;
(b) direct that certain things not be done in relation to the person until the charge or fee is paid.
Part 4 deals with a number of miscellaneous matters, including the remission or refund of imported food charges and late payment fees and the review of decisions to suspend or revoke an imported food control instrument of a person.
4 Act binds the Crown
This Act binds the Crown in each of its capacities.
5 Extension to certain external Territories
This Act does not extend to Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands unless the Imported Food Control Act 1992 extends to that Territory.
6 Definitions
(1) In this Act:
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
imported food charge means a charge imposed under:
(a) section 6 of the Imported Food Charges (Imposition—Customs) Act 2015; or
(b) section 6 of the Imported Food Charges (Imposition—Excise) Act 2015; or
(c) section 6 of the Imported Food Charges (Imposition—General) Act 2015.
imported food control instrument of a person means:
(a) a food control certificate given to the person; or
(b) an approval under subsection 19(1A) of the Imported Food Control Act 1992 of an overseas food processing operation conducted by the person; or
(c) a determination under subsection 19(2) of that Act that relates to an overseas food processing operation conducted by the person; or
(d) a compliance agreement to which the person is a party; or
(e) an approval (however described) given to the person under that Act that is prescribed by the regulations.
internal reviewer means the Secretary or a person referred to in paragraph 17(3)(b).
late payment fee: see subsection 11(1).
protected person means:
(a) the Secretary; or
(b) a person given a direction under subsection 12(5); or
(c) a person who is given information or documents in accordance with a notice given under subsection 16(1); or
(d) a delegate of the Secretary under section 21.
(2) An expression used in this Act that is also used in the Imported Food Control Act 1992 has the same meaning in this Act as it has in that Act.
Part 2—Paying imported food charges
7 Simplified outline of this Part
This Part deals with the payment of imported food charges. The regulations may prescribe the time when imported food charges are due and payable. The regulations may also prescribe rules relating to the liability of agents to pay imported food charges and the recovery of such charges.
8 Paying imported food charges
The regulations may do either or both of the following:
(a) prescribe the time when a specified imported food charge is due and payable;
(b) prescribe rules relating to:
(i) the liability of a person’s agent to pay imported food charges on behalf of the person; and
(ii) the recovery of such charges from the person by the agent.
9 Commonwealth liable to pay imported food charges and late payment fees
(1) The Commonwealth is not liable to pay an imported food charge or late payment fee that is payable under this Act or the regulations. However, it is the Parliament’s intention that the Commonwealth should be notionally liable to pay such a charge or fee.
(2) The Finance Minister may give such written directions as are necessary or convenient for carrying out or giving effect to subsection (1) and, in particular, may give directions in relation to the transfer of money within an account, or between accounts, operated by the Commonwealth.
(3) Directions under subsection (2) have effect, and must be complied with, despite any other Commonwealth law.
(4) Directions under subsection (2) are not legislative instruments.
(5) In subsections (1) and (2):
Commonwealth includes a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that cannot be made liable to taxation by a Commonwealth law.
Part 3—Unpaid imported food charges
10 Simplified outline of this Part
This Part deals with unpaid imported food charges. A late payment fee may be payable if an imported food charge is not paid on time. If a person does not pay an imported food charge or late payment fee, the Secretary may do either or both of the following:
(a) suspend or revoke one or more imported food control instruments of the person;
(b) direct that certain things not be done in relation to the person until the charge or fee is paid.
11 Late payment fee
(1) If the regulations prescribe the time when an imported food charge is due and payable, the regulations may also prescribe a fee (a late payment fee) that is due and payable if the imported food charge is not paid at or before that time.
(2) Without limiting subsection (1), a late payment fee may relate to each day or part of a day that the imported food charge remains unpaid after becoming due and payable.
(3) The regulations may prescribe one or more persons who are liable to pay a late payment fee in relation to a specified imported food charge.
12 Action by the Secretary if imported food charges or late payment fees are unpaid
(1) This section applies in relation to a person (the debtor) who is liable to pay an imported food charge or late payment fee that is due and payable.
Suspension or revocation of imported food control instruments
(2) The Secretary may, by written notice given to the debtor:
(a) suspend one or more imported food control instruments of the debtor until the imported food charge or late payment fee is paid; or
(b) revoke one or more imported food control instruments of the debtor.
(3) The notice given under subsection (2) must set out the reasons for the decision and notice of the debtor’s right to have the decision reviewed. However, a failure to comply with this subsection does not affect the validity of the decision.
Note: For review of the decision, see sections 17 and 19.
(4) Subsection (2) does not limit any other power to suspend or revoke an imported food control instrument of the debtor.
Directions by Secretary
(5) The Secretary may, orally or in writing, direct a person not to do one or more of the following until the imported food charge or late payment fee is paid:
(a) give a food control certificate to the debtor;
(b) issue an imported food inspection advice to the debtor;
(c) approve under subsection 19(1A) of the Imported Food Control Act 1992 an overseas food processing operation conducted by the debtor;
(d) make a determination under subsection 19(2) of that Act that relates to an overseas food processing operation conducted by the debtor;
(e) enter into a compliance agreement with the debtor;
(f) carry out specified activities, or specified kinds of activities, in relation to the debtor under that Act.
(6) If a direction under subsection (5) is given in writing, the direction is not a legislative instrument.
13 Recovery of imported food charges and late payment fees
An imported food charge or a late payment fee that is due and payable to the Commonwealth under this Act may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.
Part 4—Miscellaneous
14 Simplified outline of this Part
This Part deals with a number of miscellaneous matters, including the remission or refund of imported food charges and late payment fees and the review of decisions to suspend or revoke an imported food control instrument of a person.
15 Remitting or refunding imported food charges and late payment fees
(1) The Secretary may, if the Secretary considers it appropriate to do so, remit or refund the whole or part of an imported food charge or a late payment fee that is payable, or has been paid, to the Commonwealth.
(2) The Secretary may do so on his or her own initiative or on written application by a person.
16 Power to require information or documents
(1) If the Secretary believes on reasonable grounds that a person has information or documents relevant to:
(a) the operation of this Act; or
(b) an imported food charge;
the Secretary may, by written notice, require the person to give a person specified in the notice the information or documents specified in the notice within the period specified in the notice.
(2) The period specified in the notice must be at least 14 days after the notice is given under subsection (1).
(3) A person commits an offence if:
(a) the person is given a notice under subsection (1); and
(b) the person fails to comply with the notice.
Penalty: 30 penalty units.
17 Internal review of delegate’s decision to suspend or revoke imported food control instruments
Application for review
(1) If a delegate of the Secretary suspends or revokes an imported food control instrument of a person under subsection 12(2), the person may apply to the Secretary for review of the decision (the original decision).
Note: For review of a decision made personally by the Secretary, see section 19.
(2) The application must:
(a) be in writing; and
(b) set out the reasons for the application; and
(c) be made within:
(i) 30 days after the person was notified of the original decision; or
(ii) if the Secretary allows a longer period (whether before or after the end of that 30 day period)—that longer period.
Review of decision
(3) On receiving the application, the Secretary must either:
(a) review the original decision personally; or
(b) cause the original decision to be reviewed by a person:
(i) who was not involved in making the decision; and
(ii) who occupies a position senior to the delegate who made the decision.
(4) The internal reviewer may:
(a) affirm, vary or set aside the original decision; and
(b) if the internal reviewer sets aside the original decision—make such other decision as he or she thinks appropriate.
(5) The decision (the decision on review) of the internal review takes effect:
(a) on the day specified in the decision on review; or
(b) if a day is not specified—on the day the decision on review was made.
Notice of decision on review
(6) After a decision on review is made, the internal reviewer must give the applicant a written notice containing:
(a) the terms of the decision; and
(b) the reasons for the decision; and
(c) notice of the applicant’s right to have the decision reviewed by the Administrative Review Tribunal.
However, a failure to comply with this subsection does not affect the validity of the decision on review.
Failure to give notice
(7) For the purposes of section 19, the Secretary is taken to have affirmed the original decision if the applicant does not receive notice of the decision on review (if any) within 90 days after the application for review of the original decision was made.
18 Secretary may require further information from review applicants
(1) The Secretary may, by written notice, require a person who has made an application under section 17 to give the Secretary further information about the application.
(2) The Secretary may refuse to consider the application until the person gives the Secretary the information.
19 Review by the Administrative Review Tribunal
Applications may be made to the Administrative Review Tribunal for review of:
(a) a decision to suspend or revoke an imported food control instrument of a person under subsection 12(2) that was made by the Secretary personally; or
(b) a decision of the internal reviewer made under section 17 that relates to a decision to suspend or revoke an imported food control instrument of a person under subsection 12(2).
20 Protection from civil proceedings
No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith:
(a) by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act; or
(b) by a person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act.
21 Delegations by Secretary
(1) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department all or any of the Secretary’s powers or functions under this Act.
Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.
(2) In exercising powers or functions delegated under subsection (1), the delegate must comply with any directions of the Secretary.
22 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
