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SR 1982 No. 381 Regulations as made
Principal Regulations
Tabling HistoryDate
Tabled HR21-Apr-1983
Tabled Senate21-Apr-1983
Gazetted 31 Dec 1982
Date of repeal 01 Jul 1985
Repealed by Repeal of the enabling legislation by Export Inspection Legislation (Consequential Amendments) Act 1985

Statutory Rules 1982 No. 3811

 

Edible Oils (Export Inspection Charge) Collection Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Edible Oils (Export Inspection Charge) Collection Act 1982.

Dated 20 December 1982.                                  

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

RALPH J. HUNT

Minister of State for Transport and Construction

and for and on behalf of the

Minister of State for Primary Industry

 

Citation

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

Commencement

          2.   These Regulations shall come into operation on 1 January 1983.

Interpretation

          3.   (1) In these Regulations, unless the contrary intention appears—

“authorized agent” means a person appointed by an exporter under regulation 9 to be his authorized agent;

“exporter”, in relation to edible oils, means the person who has furnished an export notice in relation to the edible oils;

“the Act” means the Edible Oils (Export Inspection Charge) Collection Act 1982.

         (2)   For the purposes of these Regulations—

         (a)   the Australian Capital Territory shall be deemed to form part of the State of New South Wales; and

         (b)   the Northern Territory shall be deemed to form part of the State of South Australia.

Export notice

          4.   For the purposes of paragraph 4 (1) (b) of the Act, the following matter is specified in relation to edible oils intended for export, namely, compliance with the conditions and restrictions specified in the Exports (Dairy Produce) Regulations as in force on 31 December 1982.

Service of copy of certified export notice

          5.   For the purposes of sub-section 4 (2) of the Act, each of the following is a manner in which a copy of a certified export notice may be served on the person who furnished the export notice:

         (a)   by the copy being delivered to that person or to a person duly authorized in writing by that person to take delivery of such copies on his behalf;

         (b)   by the copy being sent by post to that person at the address specified in the export notice.

Manner of payment of charge, &c.

          6.   The payment of charge and other moneys payable to the Commonwealth under the Act in respect of edible oils inspected for export shall be made to the Collector of Public Moneys at the office of the Department in the capital city of the State in which the edible oils were inspected for export.

Returns

          7.   An exporter of edible oils shall, in respect of all edible oils inspected for export in a State and in relation to which a copy of a certified export notice has, in accordance with section 4 of the Act, been served on him in any particular month (in this regulation referred to as the “relevant month”), furnish to the person to whom payment of the charge imposed on those edible oils is required to be made a return containing the following particulars:

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

         (b)   the relevant month;

         (c)   in respect of each certified export notice a copy of which was served on the exporter during the relevant month, being a certified export notice relating to edible oils inspected for export in the State—

                     (i)    the serial or other identifying number (if any) of the notice;

                    (ii)    the date on which the export notice was certified;

                   (iii)    the place at which the edible oils to which the certified export notice relates were inspected; and

                   (iv)    the date on which the copy of the certified export notice was served on the exporter;

         (d)   the number of tonnes of margarine (if any) that was inspected for export in the State and in relation to which a copy of a certified export notice was served on the exporter in the relevant month and the amount of charge imposed on that margarine;

         (e)   the number of tonnes of edible oils, being edible oils other than margarine, (if any) that were inspected for export in the State and in relation to which a copy of a certified export notice was served on the exporter in the relevant month and the amount of charge imposed on those edible oils;

          (f)   the total amount of charge imposed on the edible oils in respect of which the return is furnished.

Execution and lodgment of returns

          8.   (1) A return referred to in regulation 7 in relation to edible oils inspected for export—

         (a)   shall be signed—

                     (i)    by the exporter of the edible oils or his authorized agent; or

                    (ii)    where the exporter is a company-by a director or the secretary of the company or by the authorized agent of the company; and

         (b)   shall be lodged within 28 days after the last day of the month that is the relevant month in relation to those edible oils.

         (2)   In sub-regulation (1), “relevant month” has the same meaning as in regulation 7.

Authorized agents

          9.   (1) An exporter who is required to furnish a return under regulation 7 may, by instrument in writing, appoint a person to be his authorized agent for the purpose of signing such returns.

         (2)   An instrument referred to in sub-regulation (1)—

         (a)   shall be in accordance with the form in Schedule 1; and

         (b)   shall be lodged with the person to whom the return referred to in regulation 7 is to be furnished.

Records to be kept

        10.   (1) An exporter of edible oils shall, in respect of each certified export notice relating to edible oils a copy of which is served on him, keep, or cause to be kept, proper records showing—

         (a)   the serial or other identifying number (if any) of the certified export notice;

         (b)   the date on which the export notice was certified;

         (c)   the place at which the edible oils to which the certified export notice relates were inspected;

         (d)   the date on which the copy of the certified export notice was served on the exporter;

         (e)   the number of tonnes of margarine (if any) in respect of which the export notice was certified; and

          (f)   the number of tonnes of edible oils, being edible oils other than margarine, (if any) in respect of which the export notice was certified.

         (2)   Any records kept under sub-regulation (1) in respect of a certified export notice shall be retained by the exporter who furnished the export notice for a period of 3 years from the date on which the export notice was certified.

Penalty: $200.

Form of warrant for authorized persons to enter premises

        11.   The form of warrant for the purposes of section 9 of the Act is the form in Schedule 2.

 

                                                         SCHEDULE 1                                          Regulation 9

COMMONWEALTH OF AUSTRALIA

Edible Oils (Export Inspection Charge) Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of (name of relevant Department)

I, (full name and address of signatory and, where the person required to furnish the return is not a natural person, the designation of the signatory)                                                                                       ,

* acting for and on behalf of (name of company, &c.)                                                       , hereby appoint (full name, address and occupation of authorized agent), a specimen of whose signature appears below, to be *my authorized agent/*the authorized agent of (name of company, &c.) for the purposes of signing a return prepared for the purposes of regulation 7 of the Edible Oils (Export Inspection Charge) Collection Regulations.

Dated this                           day of                               19   .

................................................................................

(Signature)

Dated this                           day of                               19   .

................................................................................

(Signature of authorized agent)

* Omit if inapplicable                                                                           

 

                                                         SCHEDULE 2                                        Regulation 11

COMMONWEALTH OF AUSTRALIA

Edible Oils (Export Inspection Charge) Collection Act 1982

WARRANT UNDER SECTION 9

TO:

                  (full name)                                                         , an authorized person for the purposes of section 9 of the Edible Oils (Export Inspection Charge) Collection Act 1982.

WHEREAS, on an application under sub-section 9 (2) of that Act in relation to premises at       , I, (full name), a Justice of the Peace, am satisfied, by information on oath (or affirmation)—

      (a)    that there is reasonable ground for believing that there are on those premises books, documents or papers relating to eggs inspected for export in respect of which charge imposed by the Edible Oils (Export Inspection Charge) Act 1982 is, or may be, payable; and

                                                  SCHEDULE 2—continued

      (b)    that the issue of a warrant is reasonably required for the purposes of the Edible Oils (Export Inspection Charge) Collection Act 1982:

YOU ARE HEREBY AUTHORIZED, with such assistance as you think necessary, to enter the premises at      , during the hours of                (or at any time), if necessary by force, for the purpose of exercising the functions of an authorized person under section 9 of the Edible Oils (Export Inspection Charge) Collection Act 1982.

THIS WARRANT ceases to have effect after (insert date).

Dated this                           day of                               19   .

Justice of the Peace

NOTES

1.  Notified In The Commonwealth Of Australia Gazette On 31 December 1982.