Statutory Rules

1979 No. 100

REGULATIONS UNDER THE GRAIN (EXPORT INSPECTION CHARGE) COLLECTION ACT 1979¹

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 Grain (Export Inspection Charge) Collection Act 1919.

Dated this twenty-eighth day of June 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry

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GRAIN (EXPORT INSPECTION CHARGE) COLLECTION

REGULATIONS

Citation

1. These Regulations may be cited as the Grain (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 5 to be his authorized agent;

“container system unit” means a container (including a lift van, but not including a vehicle or a barge of the kind known as a lighter aboard ship barge), designed for repeated use as a unit of cargo handling equipment in the transport of goods by ships specially constructed, adapted or equipped for the handling and carrying of containers of the kind to which the container belongs in the course of a transportation system in which goods are transported to, in and from the ship in containers of that kind;

“the Act” means the Grain (Export Inspection Charge) Collection Act 1919.

Manner of payment of charge, &c.

3. The payment of charge and other moneys payable to the Commonwealth under the Act with respect to grain exported from a State or Territory shall be made to the Collector of Public Moneys, Department of Primary Industry, at the place the name of which is specified in column 2 of Schedule 1 opposite to the name of the State or Territory in column 1 of that Schedule.

Returns

4. (1) An exporter shall, at the time at which he makes payment of the charge imposed in respect of grain exported in any month, furnish to the person to whom payment of the charge is made a return signed in accordance with sub-regulation (4) containing, in relation to each shipment of grain exported during that month, the particulars specified in sub-regulation (3).

(2) Where, in any month, an exporter has not exported grain, he shall, on or before the date on which the charge would have become due for payment if he had exported grain in that month, furnish to the person to whom he last made payment of the charge, a statement in writing that no grain was exported by him in that month.

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

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

(b) the name of the ship on which the grain was exported;

(c) the port at which the grain was loaded for export;

(d) the port of destination of the grain;

(e) the kinds of grain shipped for export;

(f) the number of tonnes of each kind of grain shipped for export in bulk other than in a container system unit;

(g) the number of tonnes of each kind of grain shipped for export in bags other than in a container system unit;

(h) the number of tonnes of each kind of grain shipped for export in a container system unit;

(i) the date of departure of the ship, being the ship into which the grain was loaded, from the port at which the grain was loaded;

(j) the amount of charge payable in respect of each kind of grain.

(4) A return furnished by an exporter in accordance with sub-regulation (1) shall be signed—

(a) by the exporter or his authorized agent; or

(b) where the exporter is a company—by a director or the secretary of the company or by the authorized agent of the company.

Authorized agents

5. (1) An exporter may appoint a person to be his authorized agent for the purpose of signing the return referred to in regulation 4.

(2) The instrument of appointment of an authorized agent by an exporter—

(a) shall be in accordance with the Form in Schedule 2; and

(b) shall be lodged with the person to whom the exporter is required to furnish a return referred to in sub-regulation 4 (1).

Records to be kept by exporter

6. (1) An exporter of grain shall keep such records of all grain exported by him as will enable him to comply with the requirements of sub-regulation 4 (1).

(2) An exporter shall retain the records referred to in sub-regulation (1) until the expiration of 3 years from the date of export of the grain.

Penalty: $200.

SCHEDULE 1                              Regulation 3

PLACE OF PAYMENT OF CHARGE AND OTHER MONEYS

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SCHEDULE 2                                Regulations

COMMONWEALTH OF AUSTRALIA

Grain (Export Inspection Charge) Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of Primary Industry

I,                      (full name and address of exporter)

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 sub-regulation 4 (1) of the Grain (Export Inspection Charge) Collection Regulations.

Dated this                    day of                          19        .

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

(Signature of exporter or, where the exporter is a company, signature of a director or the secretary of the company and his designation)

Dated this                    day of                          19        .

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

(Signature of authorized agent)

NOTE

1. Notified in the Commonwealth of Australia Gazette on 29 June 1979.