Export Inspection and Meat Charges Collection Amendment (Miscellaneous) Regulation 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L01116

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Export Inspection and Meat Charges Collection Amendment (Miscellaneous) Regulation 2014
 
Select Legislative Instrument No. 119, 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 21 August 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Barnaby Joyce
Minister for Agriculture
 
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedules............................................................................................ 1
Schedule 1—Amendments                                                                                                2
Export Inspection and Meat Charges Collection Regulations 1985                2
 
1  Name of regulation
                   This regulation is the Export Inspection and Meat Charges Collection Amendment (Miscellaneous) Regulation 2014.
2  Commencement
                   This regulation commences on 1 September 2014.
3  Authority
                   This regulation is made under the Export Inspection and Meat Charges Collection Act 1985.
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                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
  
Export Inspection and Meat Charges Collection Regulations 1985
1  Regulation 2 (definition of charge day)
Repeal the definition, substitute:
charge day, for a charge imposed under section 6 of the Domestic Meat Premises Charge Act 1993, has the same meaning as in that Act.
2  Regulation 2 (definition of charge period)
Repeal the definition, substitute:
charge period has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985.
3  Regulation 2
Repeal the following definitions:
                     (a)  definition of dairy establishment;
                     (b)  definition of egg establishment;
                     (c)  definition of fish establishment;
                     (d)  definition of grain establishment;
                     (e)  definition of horticultural products establishment;
                      (f)  definition of meat establishment.
4  At the end of regulation 2
Add:
Note:          Prescribed goods has the same meaning as in the Export Control Act 1982.
5  Paragraphs 2B(a) and (b)
Repeal the paragraphs.
6  Paragraph 2B(c)
Omit “a prescribed commodity”, substitute “prescribed goods”.
7  Paragraph 2B(e)
Repeal the paragraph.
8  Regulations 2C to 2DC
Repeal the regulations, substitute:
2C  When establishment registration charge is due for payment
             (1)  For section 4 of the Act, establishment registration charge for an application for the registration of an establishment must be paid at the time of making the application.
Note:          Under the Export Inspection (Establishment Registration Charges) Regulations 1985, charge is imposed on applications for registration of only certain kinds of establishment.
             (2)  For section 4 of the Act, establishment registration charge for the registration of an establishment 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.
9  Regulation 2E
Omit “2B, 2C, 2D and 2DA”, substitute “2B and 2C”.
10  Subregulation 2F(3)
Omit “2B, 2C, 2D and 2DA”, substitute “2B and 2C”.
11  Regulation 3
Repeal the regulation, substitute:
3  Particulars required in returns in respect of quantity charge
                   For paragraph 6(b) of the Act, the following particulars are prescribed for a return given by an exporter of prescribed goods in respect of which quantity charge is imposed:
                     (a)  the full name and address of the exporter, not being the address of a post office box or bag;
                     (b)  if the exporter prefers another address to be used for receiving correspondence and for service of documents—the other address;
                     (c)  the month to which the return relates;
                     (d)  the serial number of each export permit granted to the exporter in respect of the prescribed goods in the month;
                     (e)  the date on which each export permit mentioned in paragraph (d) was granted;
                      (f)  for each export permit mentioned in paragraph (d) that was granted in respect of prescribed goods other than grain—the name of the establishment at which the prescribed goods were prepared;
                     (g)  the quantity of prescribed goods, or each class or kind of prescribed goods, in respect of which export permits were granted in the month;
                     (h)  the amount of quantity charge imposed on the prescribed goods, or each class or kind of prescribed goods, in respect of which export permits were granted in the month;
                      (i)  the total amount of the quantity charges imposed.
12  Regulation 3B (heading)
Repeal the heading, substitute:
3B  Signing of returns in respect of quantity charge
13  Regulation 3C
Repeal the regulation, substitute:
3C  Lodgement of returns in respect of quantity charge
                   A return under section 6 of the Act in respect of a month must be given to the Secretary by lodging it at a prescribed office within 28 days after the last day of that month.
14  Regulation 3D
Repeal the regulation.
15  Regulation 4
Omit “authorized”, substitute “authorised”.
16  Regulation 6
Repeal the regulation, substitute:
6  Refund or remission of charge
             (1)  If a person is liable to pay in a financial year:
                     (a)  establishment registration charge; or
                     (b)  quantity charge; or
                     (c)  service charge;
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:
                     (a)  for full 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; or
                     (b)  full cost recovery is not required in that financial year in relation to a service or matter for which the charge is imposed.
             (3)  In determining the amount of charge to be remitted or refunded, the Secretary must take account of 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 the financial year.
17  Schedules 1 and 2
Repeal the Schedules, substitute:
Schedule 1—Appointment of authorised agent
Note:       See regulation 4.
 
 
COMMONWEALTH OF AUSTRALIA
 
Export Inspection and Meat Charges Collection Act 1985
 
APPOINTMENT OF AUTHORISED AGENT
 
To the Secretary of the Department of (name of Department)
 
I, (full name and address of signatory and, where the person required to give the return is not a natural person, the designation of the signatory)
 
*acting for and on behalf of (name of company etc.)
 
appoint (full name, address and occupation of authorised agent), whose signature appears below, to be * my authorised agent/* the authorised agent of (name of company etc.) for the purpose of signing a return prepared for the purpose of section 6 or 6A of the Export Inspection and Meat Charges Collection Act 1985.
 
Date:
………………….………
(Signature)
Date:
………………….………
(Signature of authorised agent)
* Omit if inapplicable
 
Schedule 2—Warrant under section 15
Note:       See regulation 5.
 
 
COMMONWEALTH OF AUSTRALIA
 
Export Inspection and Meat Charges Collection Act 1985
 
WARRANT UNDER SECTION 15
 
TO: (full name), an authorised person for the purposes of section 15 of the Export Inspection and Meat Charges Collection Act 1985.
 
WHEREAS, on an application under subsection 15(2) of that Act in relation to premises at (address of premises), 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 prescribed goods for the purposes of the Export Inspection and Meat Charges Collection Act 1985; or
                   (ii)     the submission of a return under the Export Inspection and Meat Charges Collection Act 1985; and
              (b)     that the issue of a warrant is reasonably required for the purposes of the Export Inspection and Meat Charges Collection Act 1985:
 
YOU ARE HEREBY AUTHORISED, with such assistance as you think necessary, to enter the premises at (address of premises), during the hours of (permitted hours) (or at any time), if necessary by force, for the purpose of performing the functions of an authorised person under section 15 of the Export Inspection and Meat Charges Collection Act 1985.
 
THIS WARRANT ceases to have effect after (insert date).
 
Date:
Justice of the Peace