Quarantine Charges (Collection) Regulation 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00734

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Quarantine Charges (Collection) Regulation 2014
 
Select Legislative Instrument No. 68, 2014
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 12 June 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Barnaby Joyce
Minister for Agriculture
 
 
 
  
  
  
Contents
Part 1—Preliminary                                                                                                             1
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Definitions.......................................................................................... 1
Part 2—Paying quarantine charges                                                                            2
5............ Time for payment................................................................................ 2
6............ Agent’s liability to pay quarantine charge........................................... 2
7............ Late payment fee................................................................................. 2
8............ Person liable to pay late payment fee................................................... 3
Part 3—Miscellaneous                                                                                                         4
9............ Notices or directions given to agents etc............................................. 4
 
Part 1—Preliminary
  
1  Name of regulation
                   This regulation is the Quarantine Charges (Collection) Regulation 2014.
2  Commencement
                   This regulation commences on the day after it is registered.
3  Authority
                   This regulation is made under the Quarantine Charges (Collection) Act 2014.
4  Definitions
                   In this regulation:
Act means the Quarantine Charges (Collection) Act 2014.
customs quarantine charge means a quarantine charge imposed under section 7 of the Quarantine Charges (Imposition—Customs) Act 2014.
Part 2—Paying quarantine charges
  
5  Time for payment
                   For paragraph 10(a) of the Act, a customs quarantine charge is due and payable when a demand for payment of the charge is made.
6  Agent’s liability to pay quarantine charge
             (1)  For paragraph 10(b) of the Act, an agent of a person liable to pay a customs quarantine charge is jointly and severally liable with that person to pay the customs quarantine charge.
             (2)  If:
                     (a)  an agent of a person liable to pay a customs quarantine charge pays the charge on behalf of the person; and
                     (b)  at the time when the payment is made, the agent has not collected an amount equivalent to the charge from the person;
the agent may recover such an amount from the person as a debt due to the agent.
7  Late payment fee
             (1)  For subsection 13(1) of the Act, if a customs quarantine charge is not paid at or before the time the charge is due and payable, a late payment fee, worked out in accordance with subsection (2), is due and payable in addition to the charge.
             (2)  The late payment fee in relation to a customs quarantine charge is worked out using the following formula:
where:
days overdue is the number of days after the customs quarantine charge is due and payable that elapse before the day on which the charge is paid.
8  Person liable to pay late payment fee
                   For subsection 13(3) of the Act, if a customs quarantine charge is due and payable and the person liable to pay the charge, or an agent of that person, has not paid the charge at or before the time the charge is due and payable, the person and the agent are jointly and severally liable to pay the late payment fee.
Part 3—Miscellaneous
  
9  Notices or directions given to agents etc.
             (1)  For paragraph 45(2)(a) of the Act, if a notice or direction in relation to goods or a vessel is given under the Act to an agent of the owner, or a person in control, of the goods or the vessel, the notice or direction is taken to have been given to the owner, or the person in control, of the goods or the vessel.
             (2)  For paragraph 45(2)(a) of the Act, if an agent of the owner, or a person in control, of goods or a vessel is required under the Act to do a thing in relation to the goods or the vessel, the owner, or the person in control, of the goods or the vessel is taken to be required to do the thing.