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SR 1985 No. 145 Regulations as amended, taking into account amendments up to Export Inspection Legislation Amendment Regulation 2012 (No. 1)
Principal Regulations
Administered by: Agriculture
Registered 09 Jul 2012
Start Date 01 Jul 2012
End Date 31 Aug 2014
Date of repeal 01 Dec 2015
Repealed by Export Inspection Charges Legislation Repeal Regulation 2015
Table of contents.

Export Inspection and Meat Charges Collection Regulations 1985

Statutory Rules 1985 No. 145 as amended

made under the

This compilation was prepared on 1 July 2012
taking into account amendments up to SLI 2012 No. 122

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

                        1      Name of Regulations [see Note 1]                                    3

                        2      Definitions                                                                      3

                      2A      Prescribed offices where charge may be paid [see Note 2] 4

                      2B      When charge is due for payment — various charges         4

                      2C      When charge is due for payment — meat establishments  6

                      2D      When charge is due for payment — dairy establishments  6

                    2DA      When charge is due for payment — egg establishments   6

                    2DB      When charge is due for payment — grain establishments  7

                    2DC      When charge is due for payment—horticultural products establishments       7

                      2E      Rules about due days that can be shown on invoices       7

                      2F      General provisions about payment of charge                    7

                        3      Returns in respect of quantity charge                               8

                      3B      Signing of returns                                                           9

                      3C      Lodgment of returns                                                      10

                      3D      Particulars in respect of quantity charge                         10

                        4      Prescribed form of appointment of authorised agent      11

                      4A      Subsection 11 (3) of the Act: prescribed amount             11

                        5      Form of warrant for authorised person to enter premises 11

                        6      Refund or remission of charge                                       11

                      6A      Statement to accompany notice of certain decisions       13

                      6B      Requests for reconsideration of decisions                      13

                      6C      Operation of decision not affected by application for reconsideration           13

                      6D      Reconsideration of decisions                                         14

                      6E      AAT review of decisions on reconsideration                    14

                        7      Delegation by the Secretary                                           14

Schedule 1                  Appointment of authorized agent                                 15

Schedule 2                  Warrant under section 15                                             16

Notes                                                                                                          17

 


  

  

1              Name of Regulations [see Note 1]

                These Regulations are the Export Inspection and Meat Charges Collection Regulations 1985.

2              Definitions

                In these Regulations:

accredited killing or processing plant has the meaning given by section 3 of the Domestic Meat Premises Charge Act 1993.

Act means the Export Inspection and Meat Charges Collection Act 1985.

charge day:

                (a)    for a charge imposed under section 6 of the Domestic Meat Premises Charge Act 1993 — has the same meaning as in that Act; and

               (b)    for a charge imposed under section 6 of the Export Inspection (Establishment Registration Charges) Act 1985 — has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.

charge period, for:

                (a)    a meat establishment; or

               (b)    a dairy establishment; or

                (c)    a horticultural products establishment;

has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.

dairy establishment has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.

egg establishment has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.

fish establishment has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.

grain establishment has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.

horticultural products establishment has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.

meat establishment has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.

2A           Prescribed offices where charge may be paid
[see Note 2]

                For the Act, the following offices of the Department are prescribed:

                (a)    the principal office in Canberra;

               (b)    the regional office in the capital city of the State or Territory in which the service is provided;

                (c)    if the service is provided in the Northern Territory — the regional office of the Department in Adelaide;

               (d)    if the service is provided in Tasmania — the regional office of the Department in Melbourne.

2B           When charge is due for payment — various charges

                For section 4 of the Act:

                (a)    the charge for registering a fish establishment must be paid on the due date shown on the invoice issued to the person who applied for the registration of the establishment; and

               (b)    the charge for registering a fish establishment for operations in addition to operations for which the establishment is registered must be paid on the due date shown on an invoice issued to the person who applied for the registration of the establishment; and

                (c)    the quantity charge for an export inspection service on
a prescribed commodity in respect of which an export permit is granted must be paid:

                          (i)    if the amount of charge is determined by the Department before the provision of the service — on demand by the Department; or

                         (ii)    in any other case — on the due date shown on an invoice issued to the person who applied for the provision of that service; and

               (d)    the service charge for an export inspection service must be paid:

                          (i)    if the amount of charge is determined by the Department before the provision of the service — on demand by the Department; or

                         (ii)    in any other case — on the due date shown on an invoice issued to the person who applied for the provision of that service; and

                (e)    the charge for an application for the registration of an establishment must be paid at the time of making the application; and

                (f)    a charge imposed under section 6 of the Domestic
Meat Premises Charge Act 1993
for a financial year that commences after 30 June 1994 is due for payment as follows:

                          (i)    if the charge is imposed for an accredited killing or processing plant for which the charge day occurs on 1 July in that financial year:

                                   (A)     one quarter of the amount of the charge is due for payment on the day, later than 1 July in that financial year, shown on an invoice issued to the person who is liable to pay the charge; and

                                   (B)     one quarter of the amount of the charge
is due for payment on the day occurring
12 weeks after the day referred to in sub‑ subparagraph (A); and

                                   (C)     one quarter of the amount of the charge
is due for payment on the day occurring
12 weeks after the day referred to in sub‑ subparagraph (B); and

                                   (D)     the balance is due for payment on the day occurring 12 weeks after the day referred to in sub‑subparagraph (C);

                         (ii)    if the charge is imposed for an accredited killing or processing plant for which the charge day occurs after 1 July in that financial year, the amount of the charge is due for payment on the charge day.

2C           When charge is due for payment — meat establishments

         (1)   For section 4 of the Act, this regulation explains when charge for the registration of a meat establishment is due for payment.

         (2)   The amount of charge for a charge period is due for payment on the day shown on an invoice issued to the person who is liable to pay the charge.

2D           When charge is due for payment — dairy establishments

         (1)   For section 4 of the Act, this regulation explains when charge for the registration of a dairy establishment is due for payment.

Due day

         (2)   The amount of charge for a charge period is due for payment on the day shown on an invoice issued to the person who is liable to pay the charge.

2DA        When charge is due for payment — egg establishments

         (1)   For section 4 of the Act, this regulation explains when charge for the registration of an egg establishment is due for payment.

Due day

         (2)   The amount of charge for a charge period is due for payment on the day shown on an invoice issued to the person who is liable to pay the charge.

2DB        When charge is due for payment — grain establishments

                For section 4 of the Act, the charge for the registration of a grain establishment is due for payment on the day shown on an invoice issued to the person who is liable to pay the charge.

2DC        When charge is due for payment—horticultural products establishments

         (1)   For section 4 of the Act, this regulation explains when charge for the registration of a horticultural products establishment is due for payment.

Due day

         (2)   The amount of charge for a charge period is due for payment on the day shown on an invoice issued to the person who is liable to pay the charge.

2E           Rules about due days that can be shown on invoices

                For regulations 2B, 2C, 2D and 2DA, the day shown on an invoice as the day on which an amount of charge is due for payment must be a day that is:

                (a)    on or after the start of the period to which the amount of charge relates; and

               (b)    at least 14 days after the day of issue of the invoice for the amount of charge.

2F           General provisions about payment of charge

         (1)   The Secretary may specify, by notice in writing given to the person who is liable to pay a particular amount of charge:

                (a)    a day, later than the day on which the amount is due for payment, as the day on which the amount is payable; or

               (b)    that the amount is payable in instalments on the days, later than the day on which the amount is due for payment, specified in the notice.

         (2)   For section 4 of the Act:

                (a)    if the Secretary gives a notice under paragraph (1) (a), the amount of charge referred to in the notice is due for payment on the day specified in the notice; and

               (b)    if the Secretary gives a notice under paragraph (1) (b), an instalment referred to in the notice is due for payment on the day specified in the notice for payment of that instalment.

Note   A payment of charge to which subregulation (1) or (2) applies may be paid before the day on which it is due for payment.

         (3)   In spite of subregulations (1) and (2) and regulations 2B, 2C, 2D and 2DA, if:

                (a)    a person is liable to pay an amount of charge on or before a day (the original due day); and

               (b)    the person does not pay the amount on or before the original due day; and

                (c)    the person is liable to pay a further amount of the same charge, that is due for payment at any time after the original due day, for the same year and the same establishment;

the further amount becomes due for payment on the original due day.

3              Returns in respect of quantity charge

         (1)   The following particulars are required to be specified in a return submitted under section 6 of the Act by an exporter
in relation to the prescribed commodity, the prescribed commodities, or the goods of a class, or kind, of prescribed commodity, in respect of which an export permit was granted to that exporter in a month:

                (a)    the full name and address of that exporter, not being the address of a post office box or bag;

               (b)    if that exporter prefers another address to be used for receiving correspondence and for service of documents on that exporter — that other address;

                (c)    the name of that month;

               (d)    the serial number of that export permit;

                (e)    the date on which that export permit was granted;

                (f)    the quantity of that prescribed commodity, of each of those prescribed commodities or of each of those classes, or kinds, of goods, as the case requires;

               (g)    the amount of the quantity charge imposed on that prescribed commodity, on each of those prescribed commodities or on each of those classes, or kinds, of goods, as the case requires;

               (h)    the total amount of the quantity charges referred to in paragraph (g);

                (i)    if the permit was granted in respect of a prescribed commodity, prescribed commodities, or goods of a class, or kind, of prescribed commodity, other than grain — the name of the last establishment at which that prescribed commodity, at which each of those prescribed commodities or at which each of those classes, or kinds, of goods, as the case requires, was prepared during that month.

         (2)   An exporter who provides particulars to the Department in accordance with regulation 3D, in relation to dairy produce, fish, fruit, fruit products that are dried fruit or processed fruit, vegetables or vegetable products that are processed vegetables, is taken to have furnished a return in accordance with subregulation (1).

3B           Signing of returns

         (1)   Subject to subregulation (3), a return submitted under section 6 of the Act by an exporter must be signed by the exporter.

         (3)   A return required under subregulation (1) to be signed by an exporter may be signed:

                (a)    if the exporter is a natural person — by an authorised agent of that person; or

               (b)    if the exporter is a body corporate — by a person who manages or controls the operations of that body corporate in relation to the export of any prescribed commodity to which the return relates or by an authorised agent of that body corporate; or

                (c)    if the exporter is a body politic — by a person having responsibility for the administration of such of the affairs of that body politic as relate to the export of any prescribed commodity to which the return relates or by an authorised agent of that body politic.

3C           Lodgment of returns

         (1)   A return under section 6 of the Act in respect of a month must be submitted to the Secretary by lodging it at a prescribed office within 28 days after the last day of that month.

         (2)   An exporter who provides particulars to the Department in accordance with regulation 3D, for dairy produce, fish, fruit, fruit products that are dried fruit or processed fruit, vegetables or vegetable products that are processed vegetables, is taken to have furnished a return in accordance with subregulation (1).

3D           Particulars in respect of quantity charge

         (1)   An exporter liable to quantity charge in respect of dairy produce, fish, fruit, fruit products that are dried fruit or processed fruit, vegetables or vegetable products that are processed vegetables, must provide the following particulars to the Department:

                (a)    the full name of the exporter;

               (b)    the address of the exporter, that is not a post office box or bag;

                (c)    if the exporter prefers another address to be used for receiving correspondence and for service of documents, that other address;

               (d)    the exporter’s account number;

                (e)    the date of application;

                (f)    the weight of the prescribed commodity to be exported, or of each of those prescribed commodities, as the case requires;

               (g)    the name and form number of each form submitted with the application;

               (h)    the service code for each service required;

                (i)    the amount of service fee applicable to each prescribed commodity;

                (j)    the total amount of service fees;

               (k)    the Export Permit number;

                (l)    shipping details necessary for processing the application.

         (2)   The particulars must be provided when:

                (a)    the exporter applies to the Department for an export permit; or

               (b)    the exporter applies for any other documentation in relation to export inspection kept and provided by the Department at the request of exporters.

4              Prescribed form of appointment of authorised agent

                For paragraph 8 (2) (a) of the Act the prescribed form for the appointment of an authorized agent is the form in Schedule 1.

4A           Subsection 11 (3) of the Act: prescribed amount

                For subsection 11 (3) of the Act, the amount of $1 000 is prescribed.

5              Form of warrant for authorised person to enter premises

                The form of warrant for section 15 of the Act is the form in Schedule 2.

6              Refund or remission of charge

         (1)   If a person is liable to pay in a financial year:

                (a)    establishment registration charge under the Export Inspection (Establishment Registration Charges) Act 1985; or

               (b)    quantity charge under the Export Inspection (Quantity Charge) Act 1985; or

                (c)    service charge under the Export Inspection (Service Charge) Act 1985;

the Secretary may remit, or refund, some or all of the amount of charge in accordance with this regulation.

         (2)   The Secretary must be satisfied that, for cost recovery in that financial year, in relation to a service or matter for which the charge is imposed, full charge need not be collected.

         (3)   In determining the amount of charge to be remitted or refunded, the Secretary must take account of:

                (a)    the amount of charge held in a trust account as a result of collection of charge in any previous financial year that is in excess of the amount required for cost recovery in that financial year; and

               (b)    the amount of charge, of the kind proposed to be remitted or refunded, that the person has already paid or is liable to pay in that financial year or in a financial year to which paragraph (a) applies.

         (4)   In addition to subregulation (1), if:

                (a)    immediately before 1 January 2012, a person had paid, or was liable to pay, an amount of charge under the Export Inspection (Establishment Registration Charges) Regulations 1985; and

               (b)    the charge related to an egg establishment or a fish establishment described in those Regulations; and

                (c)    the amount of charge related to a part of a charge period (within the meaning of those Regulations as in force immediately before 1 January 2012) that would have fallen on or after 1 January 2012;

the person is taken, on or after 1 January 2012, never to have been liable to pay the amount in relation to the part of the charge period that would have fallen on or after 1 January 2012.

Note   The amount of charge payable for a charge period falling on or after 1 January 2012 will be recalculated in accordance with amendments of charges legislation that commence on 1 January 2012.

6A           Statement to accompany notice of certain decisions

         (1)   This regulation applies to:

                (a)    a decision under paragraph 2F (1) (a) not to specify a day later than the day on which an amount would otherwise be due for payment as the day on which the amount is payable; and

               (b)    a decision under paragraph 2F (1) (b) not to specify that an amount is payable by instalments on days later than the day later than the day on which an amount would otherwise be due for payment.

         (2)   When the Secretary makes a decision to which this regulation applies, the Secretary must give the person liable to pay the relevant charge a notice in writing:

                (a)    setting out the reasons for the decision; and

               (b)    stating that the person may apply under regulation 6B for reconsideration of the decision; and

                (c)    setting out how to apply for reconsideration, and the time within which the application must be made.

6B           Requests for reconsideration of decisions

         (1)   A person whose interests are affected by a decision to which regulation 6A applies may ask the Secretary to reconsider the decision.

         (2)   A request for reconsideration must:

                (a)    be in writing; and

               (b)    set out the reasons why the Secretary should reconsider the decision; and

                (c)    be given to the Secretary within 28 days after the day when the person is told of the decision in writing.

6C           Operation of decision not affected by application for reconsideration

                The making of an application for reconsideration of a decision does not affect the operation of the decision.

6D           Reconsideration of decisions

         (1)   If a person applies for reconsideration of a decision to which regulation 6A applies (the original decision), the Secretary must reconsider the decision.

         (2)   After reconsidering the original decision, the Secretary must:

                (a)    confirm it; or

               (b)    amend it; or

                (c)    substitute another decision for it.

         (3)   Without limiting the generality of subregulation (2), if the original decision was a decision not to remit an amount of charge, and the amount of charge has been paid, the Secretary may substitute a decision to refund the same or another amount of charge.

         (4)   If, by the end of 45 days after the Secretary receives the application, he or she has not given written notice of his or her decision after reconsideration to the person who applied for the reconsideration, the Secretary is taken, on that 45th day, to have confirmed the original decision.

         (5)   If the Secretary decides to amend the original decision or substitute another decision for it, the later decision replaces the original decision for all purposes (other than the making of an application for reconsideration).

6E           AAT review of decisions on reconsideration

                Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal
for review of a decision of the Secretary under subregulation 6D (2).

7              Delegation by the Secretary

                The Secretary may, in writing, delegate his or her powers under these Regulations (other than this power) to an SES employee or APS employee of the Department.


Schedule 1        Appointment of authorized agent

(regulation 4)

  

COMMONWEALTH OF AUSTRALIA

Export Inspection Charges Collection Act 1985

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 purpose of signing a return prepared for the purpose of section 6 or 6A of the Export Inspection Charges Collection Act 1985.

Dated                19  .

                                     

(Signature)

Dated                19  .

                                      ………

(Signature of authorized agent)

* Omit if inapplicable

 

Schedule 2        Warrant under section 15

(regulation 5)

  

COMMONWEALTH OF AUSTRALIA

Export Inspection Charges Collection Act 1985

WARRANT UNDER SECTION 15

TO: (full name)                                                                                      , an authorized person for the purposes of section 15 of the Export Inspection Charges Collection Act 1985.

WHEREAS, on an application under subsection 15 (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 documents relating to:

                (i)       the granting of an export permit in respect of goods that are a prescribed commodity for the purposes of the Export Inspection Charges Act 1985; or

               (ii)       the submission of a return under the Export Inspection Charges Collection Act 1985; and

     (b)     that the issue of a warrant is reasonably required for the purposes of the Export Inspection Charges Collection Act 1985:

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 performing the functions of an authorized person under section 15 of the Export Inspection Charges Collection Act 1985.

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

Dated                          19        .

Justice of the Peace

 


Notes to the Export Inspection and Meat Charges Collection Regulations 1985

Note 1

The Export Inspection and Meat Charges Collection Regulations 1985 (in force under the Export Inspection and Meat Charges Collection Act 1985) as shown in this compilation comprise Statutory Rules 1985 No. 145 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1985 No. 145

28 June 1985

28 June 1985

 

1985 No. 363

20 Dec 1985

1 Jan 1986

1987 No. 253

30 Oct 1987

1 Nov 1987

1988 No. 23

25 Feb 1988

1 Mar 1988 (see r. 1 and Gazette 1988, No. S59)

1989 No. 406

21 Dec 1989

15 Feb 1990 (see r. 1 and Gazette 1990,
No. S32)

1992 No. 251

29 July 1992

1 Aug 1992

1993 No. 376

24 Dec 1993

1 Jan 1994

1994 No. 65

22 Mar 1994

Rr. 3 and 4: 1 Jan 1994
Remainder: 22 Mar 1994

1994 No. 124

3 May 1994

3 May 1994

1994 No. 369

1 Nov 1994

1 Nov 1994

1995 No. 257

29 Aug 1995

29 Aug 1995

1999 No. 178

1 Sept 1999

1 Sept 1999

2000 No. 342

20 Dec 2000

20 Dec 2000

2007 No. 279

27 Sept 2007 (see F2007L03787)

1 July 2008

2009 No. 343

17 Dec 2009 (see F2009L04508)

18 Dec 2009

2011 No. 167

16 Sept 2011 (see F2011L01913)

1 Oct 2011 (see r. 2 and Gazette 2011, No. S142)

2011 No. 236

14 Dec 2011 (see F2011L02668)

1 Jan 2012 (see r. 2 and Gazette 2011, No. GN50)

2011 No. 237

14 Dec 2011 (see F2011L02670)

1 Jan 2012

2012 No. 122

28 June 2012 (see F2012L01397)

1 July 2012

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.........................................

am. 1985 No. 363; 1993 No. 376

 

rs. 1999 No. 178

R. 2.........................................

am. 1985 No. 363

 

rs. 1989 No. 406

 

am. 1993 No. 376; 1994 No. 65

 

rs. 2007 No. 279

 

am. 2009 No. 343; 2011 Nos. 236 and 237; 2012 No. 122

R. 2AA....................................

ad. 1988 No. 23

 

rep. 1992 No. 251

R. 2A.......................................

ad. 1985 No. 363

 

am. 1987 No. 253

 

rs. 1992 No. 251

 

am. 2007 No. 279; 2011 No. 236

Heading to 2B......................

rs. 2009 No. 343

R. 2B.......................................

ad. 1989 No. 406

 

rs. 1992 No. 251

 

am. 1993 No. 376; 1994 No. 65; 2007 No. 279; 2009
No. 343; 2011 No. 236; 2012 No. 122

R. 2C......................................

ad. 2009 No. 343

 

am. 2011 No. 167; 2012 No. 122

R. 2D......................................

ad. 2009 No. 343

 

am. 2012 No. 122

R. 2DA (first occurring).......

ad. 2011 No. 237

 

am. 2012 No. 122

R. 2DA (second occurring).

ad. 2011 No. 236

..... Renumbered r. 2DB......

2012 No. 122

R. 2DB....................................

am. 2012 No. 122

R. 2DC...................................

ad. 2012 No. 122

R. 2E.......................................

ad. 2009 No. 343

 

am. 2011 No. 236

R. 2F.......................................

ad. 2009 No. 343

 

am. 2011 No. 236

R. 3.........................................

rs. 1988 No. 23

 

am. 1992 No. 251

R. 3A.......................................

ad. 1988 No. 23

 

rep. 1992 No. 251

R. 3B.......................................

ad. 1988 No. 23

 

am. 1992 No. 251; 2007 No. 279; 2011 No. 236

R. 3C......................................

ad. 1988 No. 23

 

am. 1992 No. 251; 2007 No. 279

R. 3D......................................

ad. 1992 No. 251

 

am. 2011 No. 236; 2012 No. 122

R. 4.........................................

am. 2007 No. 279

R. 4A.......................................

ad 1988 No. 23

 

am. 2007 No. 279; 2011 No. 236

R. 5.........................................

am. 2007 No. 279

R. 6.........................................

ad. 1985 No. 363

 

rs. 1989 No. 406

 

rep. 1992 No. 251

 

ad. 1994 No. 65

 

am. 1994 No. 369; 1995 No. 257; 2000 No. 342; 2007 No. 279; 2009 No. 343

 

rs. 2011 No. 167

 

am. 2011 No. 237

R. 6A.......................................

ad. 1999 No. 178

 

am. 2011 Nos. 236 and 237

R. 6B.......................................

ad. 1999 No. 178

R. 6C......................................

ad. 1999 No. 178

R. 6D......................................

ad. 1999 No. 178

R. 6E.......................................

ad. 1999 No. 178

R. 7.........................................

ad. 1994 No. 124

 

am. 2012 No. 122

Schedule 1

 

Schedule 1............................

am. 1985 No. 363 

Schedule 2

 

Schedule 2............................

am. 1985 No. 363