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Imported Food Charges (Collection) Act 2015

Authoritative Version
Act No. 96 of 2015 as amended, taking into account amendments up to Territories Legislation Amendment Act 2016
An Act to provide for the collection of imported food charges, and for related purposes
Administered by: Agriculture, Water and the Environment
Registered 14 Jul 2016
Start Date 01 Jul 2016

Imported Food Charges (Collection) Act 2015

No. 96, 2015

Compilation No. 1

Compilation date:                              1 July 2016

Includes amendments up to:            Act No. 33, 2016

Registered:                                         14 July 2016

 

About this compilation

This compilation

This is a compilation of the Imported Food Charges (Collection) Act 2015 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Simplified outline of this Act.............................................................. 1

4............ Act binds the Crown........................................................................... 2

5............ Extension to certain external Territories.............................................. 2

6............ Definitions.......................................................................................... 2

Part 2—Paying imported food charges                                                                    4

7............ Simplified outline of this Part.............................................................. 4

8............ Paying imported food charges............................................................. 4

9............ Commonwealth liable to pay imported food charges and late payment fees             4

Part 3—Unpaid imported food charges                                                                   6

10.......... Simplified outline of this Part.............................................................. 6

11.......... Late payment fee................................................................................. 6

12.......... Action by the Secretary if imported food charges or late payment fees are unpaid   6

13.......... Recovery of imported food charges and late payment fees.................. 8

Part 4—Miscellaneous                                                                                                         9

14.......... Simplified outline of this Part.............................................................. 9

15.......... Remitting or refunding imported food charges and late payment fees. 9

16.......... Power to require information or documents........................................ 9

17.......... Internal review of delegate’s decision to suspend or revoke imported food control instruments              10

18.......... Secretary may require further information from review applicants.... 11

19.......... Review by the Administrative Appeals Tribunal............................... 12

20.......... Protection from civil proceedings...................................................... 12

21.......... Delegations by Secretary................................................................... 12

22.......... Regulations....................................................................................... 13

Endnotes                                                                                                                                    14

Endnote 1—About the endnotes                                                                            14

Endnote 2—Abbreviation key                                                                                16

Endnote 3—Legislation history                                                                             17

Endnote 4—Amendment history                                                                           18

 


An Act to provide for the collection of imported food charges, and for related purposes

Part 1Preliminary

  

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 2Paying 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 3Unpaid 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 4Miscellaneous

  

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 Appeals 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 Appeals Tribunal

             (1)  Applications may be made to the Administrative Appeals 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).

             (2)  An application under subsection (1) may be made only by, or on behalf of, the person referred to in paragraph (1)(a) or (b).

             (3)  Subsection (2) has effect despite subsection 27(1) of the Administrative Appeals Tribunal Act 1975.

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.


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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Imported Food Charges (Collection) Act 2015

96, 2015

29 June 2015

30 June 2016 (s 2(1) item 1)

 

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 5 (item 62): 1 July 2016 (s 2(1) item 7)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 5........................................

am No 33, 2016