Export Control (Fees) Orders 2001

as amended

made under regulation 3 of the

Export Control (Orders) Regulations 1982

This compilation was prepared on 1 January 2012
taking into account amendments up to Export Control (Fees) Amendment
Orders 2011 (No. 3)

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

Contents

Part 1 Preliminary 

 1 Citation [see Note 1]

 2 Commencement and application 

 3 Repeal 

 4 Interpretation 

 4AA Additional inspection services 

 4AB Fees imposed separately 

Part 1AA General export fees 

 4H Goods to which fees under this Part relate 

 4J Imposition of fees for inspection services and additional inspection services             

 4K Imposition of shift loading fees and overtime fees 

 4L Shutdown 

 4M Industrial action by authorised officers 

 4N Industrial action by other workers 

 4P Insufficient notice of change to allocation 

 4Q Insufficient notice of termination of inspection services 

 4R Documentation fees 

 4S Organic produce certification 

Part 3 Fees for grains, plants and plant products 

 14 Application 

 14A Fees for particular services 

 16 Fees for overtime 

 22A By whom fees payable 

Part 4 Fees in relation to live animals and animal reproductive material             

 23 Fees for particular services 

 23AA Fees for inspection of cattle, buffalo, sheep and goats to be exported by sea             

 23AB Fees for applications 

 23A Disability dogs 

 24 Travel 

Part 7 Fees for horticulture products 

 34 Service fee for horticulture products 

 34A Fees for particular services 

 34B Overtime 

 34C Travel 

 34D Documentation fees 

Part 7A Export documentation fees — general 

 40A Documentation fees 

Part 9 Collection of fees 

 41 Due date for payment of fees for services — general 

 42 Due date for payment of annual inspection fees 

 44 Due date for payment of documentation fees 

 45 Non‑payment of fees 

 47 Penalty fees 

 48 Recovery of fees 

 49 Remission of fees 

Part 10 Miscellaneous 

 51 Fees not to apply 

 52 Replacement certificates 

 53 Review of decisions 

Part 11 Fees for meat and meat products 

 55A Imposition of shift loading fees and overtime fees 

 55B Shutdown 

 55C Industrial action by authorised officers 

 55D Industrial action by other workers 

 55E Insufficient notice of change to allocation 

 55F Insufficient notice of termination of inspection services 

 55G Documentation fees 

Schedule 1A Fees for inspection services and additional inspection services imposed by Part 1AA             

Schedule 1B Shift loading and overtime fees 

Part 1 Shift loading fees 

Part 2 Overtime fees 

Schedule 1C Fees for issuing documents 

Schedule 4 Fees for live animals and animal reproductive material 

Schedule 5 Export documentation fees 

Schedule 6 Fees imposed for horticulture products 

Part 1 Fees for services 

Part 2 Documentation fees 

Schedule 7 Fees imposed for meat and meat products 

Part 1 Fees for inspection services (suborder 55(1))

Part 2 Fees for inspection services pursuant to an arrangement with the Secretary (suborder 55(4))

Part 3 Shift loading fees (suborder 55A(1))

Part 4 Overtime fees (suborder 55A(2))

Part 5 Fees for issuing documents (suborder 55G)

Notes   

Part 1 Preliminary

1 Citation [see Note 1]

  These Orders may be cited as the Export Control (Fees) Orders 2001.

2 Commencement and application

 (1) Subject to suborder (2), these Orders commence on 1 November 2001.

 (2) The repeals of Part 3C of the Export Control (Fees) Orders 1986, as amended, and of the provisions of those Orders imposing an annual fee for an EXDOC registered user’s interaction with EXDOC in respect of exports of horticulture products are taken to have commenced on 1 July 2001.

 (3) If a service in respect of which a fee is imposed by these Orders started to be performed before 1 November 2001, the applicable fee for the service in respect of the period before that date is to be ascertained in accordance with the Export Control (Fees) Orders 1986, as amended.

3 Repeal

  The following Orders are repealed:

 (a) Export Control (Fees) Orders 1986;

 (b) each amendment of those Orders.

4 Interpretation

 (1) In these Orders, unless the contrary intention appears:

Act means the Export Control Act 1982.

additional inspection services: see order 4AA.

animal reproductive material has the same meaning as in the Export Control (Animals) Order 2004.

approved arrangement means an arrangement between the Department and a person or organisation that prepares for export a commodity in relation
to which orders under the Export Control (Orders) Regulations 1982 (including these Orders) apply, being an arrangement:

 (a) under which the person or organisation implements and operates a system of preparation that is of a standard agreed between the person or organisation and the Department; and

 (b) that provides for the Department to audit the implementation and operation of the system; and

 (c) that is described in such orders as an approved arrangement, a certification assurance arrangement or in a similar way.

Note    For example, arrangements mentioned in clause 14 of Schedule 2 of the Export Control (Fish and Fish Products) Orders 2005 are approved arrangements.

approved form, in relation to a certificate as to condition of goods, means a form approved by the Secretary for the purpose of the issuing of the certificate.

AQIS means the Australian Quarantine and Inspection Service.

Area Technical Manager means a an authorised officer whose services are made available to provide technical support and auditing functions for the purposes of the Act.

cut flowers means cut flowers to which the Export Control (Plants and Plant Products) Orders 2005 apply.

Department means the department of State administered by the Minister administering the Act.

Note   At the commencement of the Export Control (Fees) Amendment Orders 2009
(No. 1), this was the Department of Agriculture, Fisheries and Forestry.

dried fruit means dried fruit to which the Export Control (Plants and Plant Products) Orders 2005 apply.

egg has the meaning given by order 7 of the Export Control (Eggs and Egg Products) Orders 2005.

egg product has the meaning given by order 7 of the Export Control (Eggs and Egg Products) Orders 2005.

EXDOC means the AQIS electronic export documentation system.

EXDOC registered user means an entity registered to interact with EXDOC either directly or via a third party agent.

export control order means an order made under the Export Control (Orders) Regulations 1982.

fee means an amount required to be paid by a person pursuant to these Orders.

fish has the meaning given by order 8 of the Export Control (Fish and Fish Products) Orders 2005.

fish product has the meaning given by order 8 of the Export Control (Fish and Fish Products) Orders 2005.

fresh fruit means fresh fruit to which the Export Control (Plants and Plant Products) Orders 2005 apply.

government certificate means a certificate issued as a government certificate under an export control order.

grain means prescribed grain.

half hour includes part of a half hour.

horticulture products means any of fresh fruit, fresh vegetables, cut flowers, nursery stock, unprocessed nuts and dried fruit.

hour includes part of an hour.

importing country requirement, for particular goods for import into a particular country, means a requirement of the country that must be met before the goods may be imported into the country from Australia.

inspection service means a service performed by an authorised officer employed by an agency of the Commonwealth, and includes an auditing service.

live‑stock has the same meaning as in the Export Control (Animals) Order 2004.

meat has the same meaning as in the Export Control (Meat and Meat Products) Orders 2005

meat products has the same meaning as in the Export Control (Meat and Meat Products) Orders 2005

milk has the meaning given by order 7 of the Export Control (Milk and Milk Products) Orders 2005.

milk product has the meaning given by order 7 of the Export Control (Milk and Milk Products) Orders 2005.

milk products establishment means an establishment registered for operations associated with the preparation of milk or milk products for export.

month means a calendar month, and monthly has a corresponding meaning.

mung beans has the same meaning as in the Export Control (Plants and Plant Products) Orders 2005.

nursery stock means nursery stock to which the Export Control (Plants and Plant Products) Orders 2005 apply.

organic produce has the same meaning as in the Export Control (Organic Produce Certification) Orders.

plants means plants to which the Export Control (Plants and Plant Products) Orders 2005 apply but not horticulture products.

plant products means plant products to which the Export Control (Plants and Plant Products) Orders 2005 apply but not horticulture products.

prescribed grain has the same meaning as in the Export Control (Plants and Plant Products) Orders 2005.

processed fruits means fruits that are processed fruits and vegetables for the purposes of the Export Control (Processed Fruits and Vegetables) Orders.

processed vegetables means vegetables that are processed fruits and vegetables for the purposes of the Export Control (Processed Fruits and Vegetables) Orders.

quarter hour includes a part of a quarter hour.

request for permit means a notice of intention to export prescribed goods given by an EXDOC registered user.

shutdown period, for an establishment, means a continuous period of 14 days or more during which operations for the preparation of goods for export are not undertaken at the establishment.

week, when used in respect of the allocation of inspection services, means a period of 5 days starting on a Monday, and weekly has a corresponding meaning.

Note   In other contexts, week has its ordinary meaning of 7 days.

weekday, in relation to a place at which services are provided, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a public holiday in that place.

year means a period of 12 months starting on 1 July, and annual has a corresponding meaning.

 (2) Other words have the same meanings as in the Export Control (Prescribed Goods — General) Order 2005.

Note   The Act includes definitions of other expressions including:

 authorised officer

 establishment

 occupier

 registered establishment

 Secretary.

4AA Additional inspection services

 (1) For these Orders, inspection services in respect of an establishment are additional inspection services if the inspection services are in addition to the inspection services that are ordinarily required for the purpose of determining whether the following requirements have been met:

 (a) Australian export requirements;

 (b) if relevant — the export requirements of the foreign country to which goods that are prepared for export at the establishment are to be exported.

Note   If an inspection service could be performed by an authorised officer who is not an employee of an agency of the Commonwealth, it is an additional inspection service.

 (2)  Without limiting suborder (1), the following are taken to be additional inspection services:

 (a) services related to granting an exemption under Part 3 of the Export Control (Prescribed Goods — General) Order 2005;

 (b) services related to thermal processing or an approved laboratory program for an approved arrangement (whether or not the services are inspection services);

 (c) services related to variations or amendments to an approved arrangement for a registered establishment (whether or not the services are inspection services).

4AB Fees imposed separately

  Unless the contrary intention appears, each fee imposed by these Orders in respect of a service or other thing is in addition to each other fee imposed by these Orders in respect of that service or thing.

Part 1AA General export fees

4H Goods to which fees under this Part relate

  Fees are imposed in accordance with this Part for the performance of a service in respect of the following goods:

 (a) eggs;

 (b) egg products;

 (c) fish;

 (d) fish products;

 (e) goods in respect of which an application under section 8.05 of the Export Control (Prescribed Goods – General) Order 2005 has been made;

 (h) milk;

 (i) milk products;

 (j) organic produce.

4J Imposition of fees for inspection services and additional inspection services

 (1) Subject to this Part, fees calculated in accordance with Schedule 1A are imposed for inspection services and additional inspection services performed in respect of goods specified in Schedule 1A.

 (2) Suborder (1) does not apply to inspection services or additional inspection services for which an arrangement under suborder 4I (2) is in force.

 (3) A fee imposed by suborder (1) is payable by the person to whom the service is provided.

4K Imposition of shift loading fees and overtime fees

 (1) Subject to this Part, if:

 (a) an authorised officer performs inspection services during a particular period; and

 (b) the officer is entitled to be paid a shift loading for that period;

fees calculated in accordance with Part 1 of Schedule 1B are imposed for the inspection services performed during that period.

Note   The period might not be the whole of the period during which the authorised officer performs the inspection services. For example, if an authorised officer performs services from 8 am to 8 pm, but is entitled to a shift loading for the 6 pm to 8 pm component, the shift loading fee is only payable for the 6 pm to 8 pm component.

 (2) Subject to this Part, if:

 (a) an authorised officer performs inspection services during a particular period; and

 (b) the officer is entitled to be paid overtime for that period;

fees calculated in accordance with Part 2 of Schedule 1B are imposed for the inspection services performed during that period.

Note   The period might not be the whole of the period during which the authorised officer performs the inspection services. For example, if an authorised officer performs services from 8 am to 8 pm, but is entitled to overtime for the 6 pm to 8 pm component, the overtime fee is only payable for the 6 pm to 8 pm component.

 (3) A fee imposed by suborder (1) is payable by the person to whom the service is provided.

4L Shutdown

 (1) If the occupier of a registered establishment gives 2 weeks or more written notice to the Secretary that inspection services that are allocated on a monthly basis are not required for a shutdown period specified in the notice, no fee is imposed for the shutdown period and the monthly fees imposed are reduced proportionately for the remainder of any month in which the shutdown occurs.

 (2) If the occupier of a registered establishment gives less than 2 weeks written notice to the Secretary that inspection services that are allocated on a monthly, weekly or daily basis are not required for a shutdown period specified in the notice, the fee imposed in respect of the shutdown period is unaffected.

 (3) This order does not apply to registered establishments that have inspection services allocated on an annual basis or on a basis that includes an allocation of services on an annual basis.

4M Industrial action by authorised officers

 (1) If inspection services are not performed in respect of an establishment because of industrial action by authorised officers, the fee imposed for those services is reduced proportionately for each day or part day that inspection services are not performed.

 (2) In this order, part day means a half day or more.

4N Industrial action by other workers

  To avoid doubt, if inspection services that are allocated to a registered establishment are not performed because of industrial action by workers other than authorised officers at the establishment, the fees imposed by these Orders in respect of the services are not affected.

4P Insufficient notice of change to allocation

 (1) If:

 (a) an arrangement for a registered establishment allocates inspection services to the establishment on an annual basis; and

 (b) the occupier gives less than 4 weeks notice of a reduction in inspection services;

then:

 (c) fees for the services continue to be imposed until the earlier of the following:

 (i) the Secretary determines that the services are allocated to another registered establishment;

 (ii) the end of 4 weeks after the notice is given; and

 (d) the arrangement is taken to have allocated inspection services for that year on a monthly basis and fee is imposed equal to the amount of any underpayment.

 (2) If:

 (a) an arrangement for a registered establishment allocates inspection services to the establishment on a monthly basis; and

 (b) the occupier gives less than 4 weeks notice of a reduction in inspection services;

fees for the services continue to be imposed until the earlier of the following:

 (c) the Secretary determines that the services are allocated to another registered establishment;

 (d) the end of 4 weeks after the notice is given.

 (3) A fee imposed by paragraph (1) (d) is payable by the occupier of the relevant establishment.

4Q Insufficient notice of termination of inspection services

  If:

 (a) an arrangement for a registered establishment allocates inspection services to an establishment otherwise than on an annual basis; and

 (b) the occupier gives less than 2 weeks notice of a reduction in inspection services;

fees for the services continue to be imposed until the earlier of the following:

 (c) the Secretary determines that the services are allocated to another registered establishment;

 (d) the end of 4 weeks after the notice is given.

4R Documentation fees

 (1) Fees calculated in accordance with Schedule 1C are imposed for the issue of a document in relation to the export of goods mentioned in order 4H.

 (2) A fee imposed by suborder (1) is payable by the person to whom the document is issued.

4S Organic produce certification

 (1) A fee of $7 100 is imposed for the assessment of an application for the issue of a QM certificate under the Export Control (Organic Produce Certification) Orders.

 (2) The fee imposed by suborder (1) is payable by the person who made the application.

 (3) A fee of $7 500 is imposed for each year in which a QM certificate for an organisation is in force under order 3.04 of the Export Control (Organic Produce Certification) Orders.

 (4) The fee imposed by suborder (3) is payable by the organisation in respect of which the QM certificate is in force, and must be paid in equal quarterly instalments.

Part 3 Fees for grains, plants and plant products

14 Application

  Fees are imposed in accordance with this Part for the performance of services in respect of the following goods:

 (a) grains (whether prescribed grains or not);

 (b) plants;

 (c) other plant products.

14A Fees for particular services

  A fee of $36 for each quarter hour is imposed in relation to an inspection service.

Examples

Inspecting goods, booking inspection services, providing reports and information, conducting an audit.

16 Fees for overtime

 (1) This order applies if:

 (a) at the request of a person, an authorised officer performs an inspection service during a particular period (the overtime period); and

 (b) the authorised officer is entitled to be paid overtime for the overtime period.

 (2) If the overtime period is continuous with the authorised officer’s ordinary hours of work, the following fees are imposed:

 (a) if the rate of overtime is time and a half — the amount worked out at the rate of $15 for each quarter hour;

 (b) if the rate of overtime is double time — the amount worked out at the rate of $20 for each quarter hour;

 (c) if the rate of overtime is double time and a half — the amount worked out at the rate of $25 for each quarter hour.

 (3) If the overtime period is not continuous with the authorised officer’s ordinary hours of work, the following fees are imposed:

 (a) if the rate of overtime is time and a half — the greater of:

 (i) $180; and

 (ii) the amount worked out at the rate of $15 for each quarter hour;

 (b) if the rate of overtime is double time — the greater of:

 (i) $240; and

 (ii) the amount worked out at the rate of $20 for each quarter hour;

 (c) if the rate of overtime is double time and a half — the greater of:

 (i) $300; and

 (ii) the amount worked out at the rate of $25 for each quarter hour.

22A By whom fees payable

  A fee imposed by this Part is payable by the person for whom the services are performed.

Part 4 Fees in relation to live animals and animal reproductive material

23 Fees for particular services

  If, at the request of a person, an authorised officer performs a service mentioned in Schedule 4 for a particular purpose related to the export of live animals or animal reproductive material, the fee specified in or calculated in accordance with Schedule 4 for the service is imposed.

23AA Fees for inspection of cattle, buffalo, sheep and goats to be exported by sea

 (1) In this order:

exporter means a person so referred to in suborder (2).

inspection services, in relation to a proposed export, means services provided for the purpose of determining whether Australian export requirements and, if relevant, the export requirements of the foreign country to which the export is proposed have been met in relation to the export.

outport means a place specified in column 1 of Table 23AA.2.

outport fee means an amount payable under suborder (4).

slaughter sheep or goats means sheep or goats intended to be slaughtered in a foreign country.

tier 1 foreign country, for cattle or buffalo, means each of the following:

 (a) the Kingdom of Bahrain;

 (b) Brunei Darussalam (Brunei);

 (c) the Arab Republic of Egypt;

 (d) the Republic of Indonesia;

 (e) the Hashemite Kingdom of Jordan;

 (f) the State of Kuwait;

 (fa) the Great Socialist People’s Libyan Arab Jamahiriya (Libya);

 (g) Malaysia;

 (ga) the Republic of Mauritius;

 (h) the United Mexican States (Mexico);

 (i) the Sultanate of Oman;

 (j) the Republic of the Philippines;

 (k) the State of Qatar;

 (l) the Kingdom of Saudi Arabia;

 (m) United Arab Emirates.

tier 1 foreign country, for slaughter sheep or goats, means each of the following:

 (a) the Kingdom of Bahrain;

 (b) Brunei Darussalam (Brunei);

 (c) the People's Republic of China;

 (d) the Arab Republic of Egypt;

 (e) the Republic of Indonesia;

 (f) Israel;

 (g) the Hashemite Kingdom of Jordan;

 (h) the State of Kuwait;

 (i) Malaysia;

 (ia) the Republic of Mauritius;

 (j) the United Mexican States (Mexico);

 (k) the Sultanate of Oman;

 (l) the Republic of the Philippines;

 (m) the State of Qatar;

 (n) United Arab Emirates.

tier 2 foreign country, for cattle or buffalo, means each of the following:

 (a) the People's Republic of China;

 (b) Israel;

 (c) Japan;

 (ca) the Islamic Republic of Pakistan;

 (d) the Russian Federation;

 (e) the Republic of Korea (South Korea);

 (f) the Republic of Turkey.

tier 2 foreign country, for slaughter sheep or goats, means each of the following:

 (a) the Great Socialist People’s Libyan Arab Jamahiriya (Libya);

 (b) the Islamic Republic of Pakistan;

 (c) the Russian Federation;

 (d) the Kingdom of Saudi Arabia;

 (e) the Republic of Turkey.

 (2) Subject to this order, where, in accordance with an arrangement made by or on behalf of a person (the exporter), inspection services are performed in connection with the intended export by sea of cattle, buffalo, sheep or goats to a place in a foreign country that is a tier 1 foreign country or a tier 2 foreign country for the cattle, buffalo, sheep or goats (as relevant), the following fees are imposed:

 (a) the per head fee, calculated in accordance with Table 23AA.1;

 (b) if suborder (3) applies—the suborder (3) fee, calculated in accordance with Table 23AA.1;

 (c) if the inspection services are made available at an outport—the outport fee.

Table 23AA.1

 (3) This suborder applies where, in the opinion of an authorised officer performing the inspection services, the period it is necessary for an officer to spend in conducting the inspection exceeds the relevant period specified in Table 23AA.1 because the animals to be inspected, or the documentation in relation to the inspection, has not been prepared properly.

 (4) The outport fee, for inspection services made available at a place listed in column 1 of Table 23AA.2 (an outport), is the amount determined in accordance with column 2 of that Table in relation to that place.

Table 23AA.2

 (5) An arrangement referred to in this order for an authorised officer to travel to an outport by air must:

 (a) require the exporter to bear the cost of the air ticket; and

 (b) include provisions specifying:

 (i) who must arrange the air ticket; and

 (ii) when the air ticket must be arranged; and

 (iii) if the air ticket is arranged by AQIS — how the exporter is to meet the cost of the air ticket.

 (5A) Subject to suborder (6), a fee imposed by suborder (2) is payable by the exporter.

 (6) Where arrangements are made by or on behalf of 2 or more exporters for inspections of cattle, buffalo, sheep or goats to be exported on the same voyage, to be carried out at an outport:

 (a) only 1 outport fee is payable in respect of the arrangement; and

 (b) the exporters are jointly and severally liable to pay the outport fee.

23AB Fees for applications

 (1) If services are performed by the Secretary or a delegate of the Secretary in connection with:

 (a) processing an application for accreditation made by a veterinarian under section 4A.04 of the Export Control (Animals) Order 2004; or

 (b) assessing such an application; or

 (c) giving a notice of accreditation under section 4A.02 of the Export Control (Animals) Order 2004;

a fee is imposed calculated at the rate of $70.50 for each quarter hour in which the services are performed.

 (2) If services are performed by the Secretary or a delegate of the Secretary in connection with:

 (a) processing an application for registration of premises under Division 2.2 of the Export Control (Animals) Order 2004; or

 (b) assessing such an application; or

 (c) giving notice of a decision under section 2.08 of the Export Control (Animals) Order 2004;

a fee is imposed calculated at the rate of $70.50 for each quarter hour in which the services are performed.

Note   In assessing an application for registration of premises, the Secretary may ask the applicant to permit an authorised officer to perform the services mentioned in paragraph 2.06 (1) (b) of the Export Control (Animals) Order 2004. The fee prescribed under suborder (2) is payable for those services.

 (3) If services are performed by the Secretary or a delegate of the Secretary in connection with:

 (a) processing an application for approval of premises under Part 3 of the Export Control (Animals) Order 2004; or

 (b) assessing such an application; or

 (c) giving notice of a decision under subsection 3.07 (3) of the Export Control (Animals) Order 2004;

a fee is imposed calculated at the rate of $70.50 for each quarter hour in which the services are performed.

Note   In assessing an application for approval of premises, the Secretary, under paragraph 3.06 (2) (b) of the Export Control (Animals) Order 2004, may request the applicant to allow an authorised officer to inspect the premises. The fee prescribed by suborder (3) is payable for these inspection services.

 (4) A fee imposed by this order in respect of an application is payable by the applicant.

23A Disability dogs

  Nothing in this Part or in Schedule 4 is taken to impose any fee for any service in connection with the export of a dog if:

 (a) the dog has been professionally trained to assist a person with a particular disability; and

 (b) when the dog is exported, it is accompanying a person with such a disability who has a certificate, from a medical specialist practitioner in a speciality relevant to the disability, that the person requires the assistance of such a dog.

24 Travel

 (1) If an authorised officer performs services in respect of the export of live animals or animal reproductive material, a fee is imposed calculated at the rate of $0.65 for each kilometre travelled by the officer on land in going from the officer’s ordinary place of work to the place where the services are performed, and returning from that place to the officer’s place of work.

 (1A) If, by arrangement, an authorised officer travels by air to or from the place where services in respect of exports of live animals or animal reproductive material are provided, the arrangement must:

 (a) require the exporter to bear the cost of the air ticket; and

 (b) include provisions specifying:

 (i) who must arrange the air ticket; and

 (ii) when the air ticket must be arranged; and

 (iii) if the air ticket is arranged by AQIS — how the exporter is to meet the cost of the air ticket.

 (1B) If inspection services are performed at an outport as defined in order 23AA:

 (a) suborders (1) and (1A) do not apply; and

 (b) a fee calculated at the rate of $0.65 per kilometre is imposed for travel reasonably undertaken by an officer, while at or based at the outport, for the purposes of performing the inspection services.

 (2) If, for the purpose of performing a service in respect of the export of live animals or animal reproductive material, it is necessary for an officer to stay overnight at a place that is not the officer’s usual place of residence, a fee of $296 is imposed for each night of the stay.

 (3) A fee imposed by this order in respect of a service is payable by the person for whom the service is performed.

Part 7 Fees for horticulture products

34 Service fee for horticulture products

 (1) The service fee payable by an exporter for authorised officers carrying out export‑related activities for horticulture products to be exported by the exporter is $1.90 for each tonne, or part thereof, of horticulture products exported in a financial year by the exporter, up to 5,000 tonnes.

 (2) In suborder (1), export‑related activities means activities that support
the export process and the integrity of AQIS certification, including the following:

 (a) developing, implementing and maintaining systems that enable AQIS to issue export permits and certificates;

 (b) collecting information required to assess applications;

 (c) corresponding and negotiating with foreign countries about importing country requirements;

 (d) making information about importing country requirements of foreign countries available to exporters;

 (e) facilitating compliance with importing country requirements through input into industry and bilateral meetings.

34A Fees for particular services

 (1) If an authorised officer performs a service mentioned in Part 1 of Schedule 6 in respect of horticulture products, the fee specified in or calculated in accordance with that Part is imposed.

 (2) A fee imposed by suborder (1) is payable by the person for whom the services are performed.

34B Overtime

 (1) If:

 (a) an authorised officer performs a service in respect of horticulture products in a period (the overtime period); and

 (b) the officer is entitled to be paid overtime for the overtime period;

the fees in suborder (2) are imposed for the services.

 (2) The amount of a fee imposed by suborder (1) is:

 (a) if the overtime period is continuous with the authorised officer’s ordinary hours of work — $16 per quarter hour; or

 (b) if the overtime period is not continuous with the authorised officer’s ordinary hours of work — the greater of:

 (i) $16 per quarter hour; and

 (ii) $240.

 (3) A fee imposed by suborder (1) is payable by the person for whom the services are performed.

34C Travel

 (1) If an authorised officer performs services in respect of horticulture products, a fee is imposed calculated at the rate of $0.85 for each kilometre travelled by the officer in going from the officer’s ordinary place of work to the place where the services are performed, and returning from that place to the officer’s place of work.

 (2) A fee imposed by suborder (1) is payable by the person for whom the services are performed.

34D Documentation fees

 (1) The fees specified in Part 2 of Schedule 6 are imposed for the issue of a document mentioned in that Part in relation to horticulture products.

 (2) A fee imposed by suborder (1) is payable by the person to whom the document concerned is issued.

Part 7A Export documentation fees — general

40A Documentation fees

 (1) Fees are imposed in accordance with this Part for the issue of a document in relation to the export of the following products:

 (a) grain (whether or not the grain is prescribed grain);

 (b) processed fruit;

 (c) processed vegetables;

 (d) plants;

 (e) other plant products.

 (2) The amount of a fee imposed by suborder (1) is the amount specified in or calculated in accordance with the relevant item of Schedule 5.

 (3) A fee imposed by suborder (1) in respect of a document is payable by the person who requested or applied for the document.

Part 9 Collection of fees

41 Due date for payment of fees for services — general

 (1) Fees become due for payment:

 (a) if the fee is determined before the provision of the service — on demand by an authorised officer; or

 (b) in any other case — at any time from the date that an invoice is issued by AQIS and before the due date shown on that invoice.

 (2) The Secretary may, in a particular case:

 (a) extend the time for payment of an unpaid fee or late penalty fee, and may do so after the time for payment has passed; or

 (b) allow an unpaid fee or late penalty payment to be paid by instalments.

42 Due date for payment of annual inspection fees

  Despite order 41, a fee calculated in accordance with Part 5 of Schedule 1 is payable in equal monthly instalments with each instalment due on the date shown on the invoice issued by AQIS.

44 Due date for payment of documentation fees

 (1) Where a fee for the issue of a document is imposed by these Orders, the Secretary must determine that the fee must be paid:

 (a) when the document to which the fee relates is issued; or

 (b) not later than the due date specified in an invoice for the fee issued by AQIS.

 (2) The fee must be paid in accordance with the Secretary’s determination.

 (3) The Secretary may, in a particular case:

 (a) extend the time for payment of a fee, and may do so after the time for payment has passed; and

 (b) allow a fee to be paid by instalments.

45 Non‑payment of fees

 (1) If:

 (a) fees imposed by these Orders in respect of inspection services, or penalty fees in respect of those fees, have not been paid in full at the end of 14 days after the due date for payment; and

 (b) the Secretary gives the person liable to pay the fees written notice that inspection services for the person, or for the relevant establishment, may be withdrawn unless arrangements for payment satisfactory to the Secretary are made within 14 days after the date of the notice; and

 (c) at the end of the 14 days mentioned in paragraph (b), arrangements for payment satisfactory to the Secretary have not been made;

then, despite any arrangement between the Secretary and the person, or in respect of the relevant establishment, the Secretary may withdraw inspection services for the person, or for the relevant establishment.

 (2) If:

 (a) fees imposed by these Orders in respect of the issue of a document, or penalty fees in respect of those fees, have not been paid in full at the end of 14 days after the due date for payment; and

 (b) the Secretary gives the person liable to pay the fees written notice that further documents might not be issued unless arrangements for payment satisfactory to the Secretary are made within 14 days after the date of the notice; and

 (c) at the end of the 14 days mentioned in paragraph (b), arrangements for payment satisfactory to the Secretary have not been made;

then, despite any arrangement between the Secretary and the person, or in respect of the relevant establishment, the Secretary may refuse to issue further documents to the person.

 (3) Action by the Secretary under this order does not affect the liability of the person to pay the fees.

47 Penalty fees

 (1) If fees imposed by these Orders remain unpaid after the time when the payment is due, a penalty fee is imposed calculated at the rate of 20% per year, calculated monthly, on the amount unpaid.

 (2) Penalty fees imposed under suborder (1) in respect of a fee are payable by the person by whom the fee is payable.

48 Recovery of fees

  An amount payable by a person under these Orders may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.

49 Remission of fees

  The Secretary may, in a particular case or class of cases, for a reason the Secretary thinks sufficient, remit the whole or a part of an amount of a fee or penalty fee payable under these Orders.

Part 10 Miscellaneous

51 Fees not to apply

  These Orders do not apply in respect of goods exported from Australia by an organisation approved by the Secretary that provides aid or assistance in a foreign country.

52 Replacement certificates

  Despite any other provision of these Orders, a fee is not payable for a replacement certificate if the request for the replacement certificate is made because of the absence of a Departmental seal, official mark or officer’s signature or if the Secretary, for a reason that the Secretary thinks sufficient, waives the fee.

53 Review of decisions

  Part 16 of the Export Control (Prescribed Goods — General) Order 2005 applies to decisions made by the Secretary under these Orders.

Part 11 Fees for meat and meat products

54 Application

Fees are imposed in accordance with this Part for the performance of services in respect of the following goods:

 (a) meat;

 (b) meat products.

Note   Meat includes wild game meat, poultry meat and rabbit meat. Meat products includes wild game meat products, poultry meat products and rabbit meat products.

55 Fees for particular services

(1) If, at the request of a person, an authorised officer performs a service mentioned in Schedule 7, the fee specified in or calculated in accordance with Schedule 7 for the service is imposed.

 (2) The Secretary may enter into a written arrangement with the occupier of an establishment under which inspection services for goods specified in the arrangement are allocated to the establishment on a monthly or annual basis, as specified in the arrangement.

 (3) The arrangement must include provision under which the Secretary may alter the basis of the allocation in the arrangement if the Secretary is satisfied that the altered allocation better represents the usage of inspection services at the establishment.

 (4) While an arrangement under suborder (2) is in force, suborder (1) does not apply in respect of the establishment and fees calculated in accordance with Part 2 of Schedule 7 are imposed for inspection services to which the arrangement relates, however often the inspection services are actually performed.

 (5) If:

 (a) an arrangement under suborder (2) allocates inspection services to an establishment on an annual basis; and

 (b) the occupier of the establishment gives the Secretary written notice during a year that inspection services are no longer required on that basis;

the arrangement is taken to have allocated inspection services for that year on a monthly basis and fee is imposed equal to the amount of any underpayment.

 (6) A fee imposed by suborder (1), (4) or (5) in respect of an establishment is payable by the occupier of the establishment.

55A Imposition of shift loading fees and overtime fees

 (1) Subject to this Part, if:

 (a) an authorised officer performs inspection services in respect of an establishment during a particular period; and

 (b) the officer is entitled to be paid a shift loading for that period;

fees calculated in accordance with Part 3 of Schedule 7 are imposed for the inspection services performed during that period.

Note   The period might not be the whole of the period during which the authorised officer performs the inspection services. For example, if an authorised officer performs services from 8 am to 8 pm, but is entitled to a shift loading for the 6 pm to 8 pm component, the shift loading fee is only payable for the 6 pm to 8 pm component.

 (2) Subject to this Part, if:

 (a) an authorised officer performs inspection services in respect of an establishment during a particular period; and

 (b) the officer is entitled to be paid overtime for that period;

fees calculated in accordance with Part 4 of Schedule 7 are imposed for the inspection services performed during that period.

Note   The period might not be the whole of the period during which the authorised officer performs the inspection services. For example, if an authorised officer performs services from 8 am to 8 pm, but is entitled to overtime for the 6 pm to 8 pm component, the overtime fee is only payable for the 6 pm to 8 pm component.

 (3) A fee imposed by suborder (1) or (2) is payable by the occupier of the relevant establishment.

55B Shutdown

 (1) If the occupier of a registered establishment gives 2 weeks or more written notice to the Secretary that inspection services that are allocated on a monthly basis are not required for a shutdown period specified in the notice, no fee is imposed for the shutdown period and the monthly fees imposed are reduced proportionately for the remainder of any month in which the shutdown occurs.

 (2) If the occupier of a registered establishment gives less than 2 weeks written notice to the Secretary that inspection services that are allocated on a monthly basis are not required for a shutdown period specified in the notice, the fee imposed in respect of the shutdown period is unaffected.

 (3) This order does not apply to registered establishments that have inspection services allocated on an annual basis or on a basis that includes an allocation of services on an annual basis.

55C Industrial action by authorised officers

 (1) If inspection services are not performed in respect of an establishment because of industrial action by authorised officers, the fee imposed for those services is reduced proportionately for each day or part day that inspection services are not performed.

 (2) In this order, part day means a half day or more.

55D Industrial action by other workers

  To avoid doubt, if inspection services that are allocated to a registered establishment are not performed because of industrial action by workers other than authorised officers at the establishment, the fees imposed by these Orders in respect of the services are not affected.

55E Insufficient notice of change to allocation

 (1) If:

 (a) an arrangement for a registered establishment allocates inspection services to the establishment on an annual basis; and

 (b) the occupier gives less than 4 weeks notice of a reduction in inspection services;

then:

 (c) fees for the services continue to be imposed until the earlier of the following:

 (i) the Secretary determines that the services are allocated to another registered establishment;

 (ii) the end of 4 weeks after the notice is given; and

 (d) the arrangement is taken to have allocated inspection services for that year on a monthly basis and fee is imposed equal to the amount of any underpayment.

 (2) If:

 (a) an arrangement for a registered establishment allocates inspection services to the establishment on a monthly basis; and

 (b) the occupier gives less than 4 weeks notice of a reduction in inspection services;

fees for the services continue to be imposed until the earlier of the following:

 (c) the Secretary determines that the services are allocated to another registered establishment;

 (d) the end of 4 weeks after the notice is given.

 (3) A fee imposed by paragraph (1) (d) is payable by the occupier of the relevant establishment.

55F Insufficient notice of termination of inspection services

  If:

 (a) an arrangement for a registered establishment allocates inspection services to an establishment on a monthly basis; and

 (b) the occupier gives less than 2 weeks notice of a termination of inspection services;

fees for the services continue to be imposed until the earlier of the following:

 (c) the Secretary determines that the services are allocated to another registered establishment;

 (d) the end of 4 weeks after the notice is given.

55G Documentation fees

 (1) Fees calculated in accordance with Part 5 of Schedule 7 are imposed for the issue of a document in relation to the export of goods mentioned in order 54.

 (2) A fee imposed by suborder (1) is payable by the person to whom the document is issued.

Schedule 1A Fees for inspection services and additional inspection services imposed by Part 1AA

(order 4J)

Schedule 1B Shift loading and overtime fees

(order 4K)

Note   Meat includes wild game meat, poultry meat and rabbit meat. Meat products includes wild game meat products, poultry meat products and rabbit meat products.

Part 1 Shift loading fees

Part 2 Overtime fees

Schedule 1C Fees for issuing documents

(order 4R)

Schedule 4 Fees for live animals and animal reproductive material

(order 23)

Schedule 5 Export documentation fees

(order 40A)

Schedule 6 Fees imposed for horticulture products

(orders 34A, 34D)

Part 1 Fees for services

Part 2 Documentation fees

Schedule 7 Fees imposed for meat and meat products

(orders 55, 55A, 55G)

Note   Meat includes game meat, poultry meat and rabbit meat. Meat products includes game meat products, poultry meat products and rabbit meat products.

Part 1 Fees for inspection services (suborder 55(1))

Part 2 Fees for inspection services pursuant to an arrangement with the Secretary (suborder 55(4))

Part 3 Shift loading fees (suborder 55A(1))

Part 4 Overtime fees (suborder 55A(2))

Part 5 Fees for issuing documents (suborder 55G)

Notes to the Export Control (Fees) Orders 2001

Note 1

The Export Control (Fees) Orders 2001 (in force under regulation 3 of the Export Control (Orders) Regulations 1982) as shown in this compilation is amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A

Table of Instruments

(a) Export Control (Fees) Amendment Orders 2009 (No. 1) was disallowed by the Senate on
15 September 2009.

Table of Amendments

Table A Application, saving or transitional provisions

Export Control (Fees) Amendment Orders 2003 (No. 1)

3 Amendment of Export Control (Fees) Orders 2001 and  application

 (2) The amendment made by item 1 of Schedule 1 applies in relation to each annual service fee of an approved certifying organisation falling due on or after the date of commencement of that item.

Export Control (Fees) Amendment Orders 2006 (No. 4)

4 Application of amendment made by item [3] of Schedule 1

  The amendment made by item [3] of Schedule 1 does not affect the fee payable by any EXDOC registered user who applied to interact with EXDOC prior to the commencement of that amendment.

Export Control (Fees) Amendment Orders 2007 (No. 2)

4 Transitional

  The amendment made by item 2 of Schedule 1 applies in relation to:

 (a) an application for accreditation made by a veterinarian under section 4A.04 of the Export Control (Animals) Order 2004 on or after
1 October 2007; and

 (b) an application for registration of premises made under Division 2.2 of the Export Control (Animals) Order 2004 on or after 1 October 2007; and

 (c) an application for approval of premises made under Part 3 of the Export Control (Animals) Order 2004 on or after 1 October 2007.

Export Control (Fees) Amendment Orders 2009 (No. 2)

4 Transitional

  The amendments made by Schedule 1 apply in relation to a service performed, or a document issued, on or after the day on which these Orders commence.