Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No. 167
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Export Inspection and Meat Charges Collection Act 1985.
Dated 14 September 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
JOSEPH WILLIAM LUDWIG
Minister for Agriculture, Fisheries and Forestry
1              Name of Regulations
                These Regulations are the Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 1).
2              Commencement
                These Regulations commence on a day notified by the Minister in the Gazette for the purposes of this regulation.
3              Amendment of Export Inspection and Meat Charges Collection Regulations 1985
                Schedule 1 amends the Export Inspection and Meat Charges Collection Regulations 1985.
Schedule 1        Amendments
(regulation 3)
 
[1]           Subregulations 2C (2) and (3)
substitute
         (2)   The amount of charge for a charge period is due for payment on the day shown on an invoice issued by AQIS to the person who is liable to pay the charge.
[2]           Regulation 6
substitute
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.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.