Quarantine Charges (Collection) Amendment (Cost Recovery) Regulation 2015

Select Legislative Instrument No. 194, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 26 November 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Barnaby Joyce

Minister for Agriculture and Water Resources

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Quarantine Charges (Collection) Regulation 2014

1  Name

  This is the Quarantine Charges (Collection) Amendment (Cost Recovery) Regulation 2015.

2  Commencement

 (1) Each provision of this instrument 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.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Quarantine Charges (Collection) Act 2014.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Quarantine Charges (Collection) Regulation 2014

1  Section 4 (definition of customs quarantine charge)

Repeal the definition.

2  Section 4

Insert:

quarantine charge (customs) means a charge imposed under section 7 of the Quarantine Charges (Imposition—Customs) Act 2014.

quarantine charge (general) means a charge imposed under section 7 of the Quarantine Charges (Imposition—General) Act 2014.

3  Section 5

Omit “a customs quarantine charge”, substitute “a quarantine charge (customs), or a quarantine charge (general),”.

4  Subsection 6(1)

Omit “a customs quarantine charge”, substitute “a quarantine charge (customs), or a quarantine charge (general),”.

5  Subsection 6(1)

Omit “the customs quarantine charge”, substitute “the charge”.

6  Paragraph 6(2)(a)

Omit “a customs quarantine charge”, substitute “a quarantine charge (customs), or a quarantine charge (general),”.

7  Before section 7

Insert:

Part 3—Unpaid quarantine charges

8  Subsection 7(1)

Omit “a customs quarantine charge”, substitute “a quarantine charge (customs), or a quarantine charge (general), (the relevant charge)”.

9  Subsection 7(2)

Omit “in relation to a customs quarantine charge”.

10  Subsection 7(2) (formula)

Repeal the formula, substitute:

11  Subsection 7(2) (definition of days overdue)

Omit “customs quarantine”, substitute “relevant”.

12  Section 8

Repeal the section, substitute:

8  Person liable to pay late payment fee

  For subsection 13(3) of the Act, if a quarantine charge (customs), or a quarantine charge (general), is not paid at or before the time the charge is due and payable, the person who is liable to pay the charge, and any agent of that person, are jointly and severally liable to pay a late payment fee in relation to the charge under section 7 of this regulation.