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Export Inspection Charges (Miscellaneous Amendments) Act 1985

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EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115, 1985
EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1-PRELIMINARYSection 1. Short title 2. Commencement PART II-AMENDMENTS OF THE EXPORT INSPECTION CHARGE ACT 1985 3. Principal Act 4. Short title 5. Collection Act 6. Interpretation 7. Imposition of charge PART III-AMENDMENTS OF THE EXPORT INSPECTION CHARGE COLLECTION ACT 1985 8. Principal Act 9. Title 10. Short title 11. Commencement 12. Repeal of section 3 and substitution of new sections- 3. Interpretation 3A. Provision of export inspection service 3B. Act to bind Crown 13. Date due for payment 14. Manner of payment 15. Returns in respect of quantity charge 16. Insertion of new section- 6A. Returns in respect of service charge 17. Execution and lodgment of returns 18. Authorised agents 19. Records to be kept 20. Offences relating to returns, &c. 21. Penalty for non-payment 22. Export permits not to be granted if charge unpaid 23. Insertion of new section- 12A. Export control orders may require establishment registration charge to be tendered 24. Access to premises 25. Insertion of new section- 16A. Powers to make export control orders imposing fees not affected by charge EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - LONG TITLE
An Act to amend the Export Inspection Charge Act 1985 and the Export Inspection Charge Collection Act 1985 EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - PART I PART I-PRELIMINARY
EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 1 Short title
(Assented to 21 October 1985) 1. This Act may be cited as the Export Inspection Charges (Miscellaneous Amendments) Act 1985. (Minister's second reading speech made in- House of Representatives on 22 August 1985 Senate on 16 September 1985) EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 2 Commencement
2. This Act shall come into operation on a day to be fixed by Proclamation. EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - PART II PART II-AMENDMENTS OF THE EXPORT INSPECTION CHARGE ACT 1985
EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 3 Principal Act
3. The Export Inspection Charge Act 1985*1* is in this Part referred to as the Principal Act. *1*No. 26, 1985. EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 4 Short title
4. Section 1 of the Principal Act is amended by omitting "Charge" and substituting "(Quantity Charge)". EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 5 Collection Act

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5. Section 3 of the Principal Act is amended by omitting "Charge" and substituting "Charges". EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 6 Interpretation
6. Section 4 of the Principal Act is amended- (a) by omitting from sub-section (1) all the definitions from and including the definition of "dairy produce" to the end of the subsection; and (b) by adding at the end of sub-section (2) the following paragraphs: "(d) the level of inspection that is applicable to the prescribed commodity under export control orders; "(e) whether an approval of a quality control system plan is in force under export control orders in relation to the prescribed commodity.". EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 7 Imposition of charge
7. Section 6 of the Principal Act is amended- (a) by omitting from sub-section (1) "sub-section (2)" and substituting "this section"; (b) by inserting after sub-section (1) the following sub-sections: "(1A) Sub-section (1) does not apply to a prescribed commodity in respect of which an export permit is granted if- (a) the commodity is certified on or after the day on which regulations made for the purposes of sub-section 6 (1) of the Export Inspection (Service Charge) Act 1985 specifying the commodity came into force; and (b) in a case where the commodity is inspected by an authorised officer-the certification is based wholly or partly on an inspection that commenced on or after that day. "(1B) For the purposes of sub-section (1A), a prescribed commodity shall be taken to be certified when an authorised officer certifies on the notice of intention to export the prescribed commodity that the authorised officer is staisfied, or has reasonable grounds to believe, that the export control orders that apply to the commodity have been complied with. "(1C) For the purposes of sub-section (1A), where a notice of intention to export prescribed commodities is given and an authorised officer, either before or after the notice is given, inspects some of those commodities for the purpose of determining whether to grant an export permit authorising the export from Australia of all those commodities, the authorised officer shall be taken to have inspected all of those commodities for that purpose. "(1D) Sub-section (1) does not apply to a prescribed commodity in respect of which an export permit is granted if- (a) another export permit has previously been granted in respect of the commodity, whether or not that other permit was also granted in respect of another commodity; (b) that other export permit has been accidentally lost or accidentally destroyed; and (c) the first-mentioned export permit was granted by way of replacement of that other export permit. "(1E) Sub-section (1) does not apply to- (a) meat; (b) meat products; (c) edible game offal; (d) game meat; (e) game meat products; (f) poultry meat; (g) poultry meat products; (h) rabbit meat; or (j) rabbit meat products."; and (c) by adding at the end the following sub-section: "(3) A reference in this section to a notice of intention to export prescribed commodities is a reference to a notice of the kind referred to in section 6 of the Export Control Act 1982.". EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - PART III PART III-AMENDMENTS OF THE EXPORT INSPECTION CHARGE COLLECTION ACT 1985
EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 8 Principal Act
8. The Export Inspection Charge Collection Act 1985*2* is in this Pa rt referred to as the Principal Act. *2*No.27, 1985. EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 9 Title
9. The title of the Principal Act is amended by omitting all the words after "imposed by" and substituting "the Export Inspection (Establishment Registration Charge) Act 1985, the Export Inspection (Quantity Charge) Act 1985 and the Export Inspection (Service Charge) Act 1985".
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EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 10 Short title
10. Section 1 of the Principal Act is amended by omitting "Charge" and substituting "Charges". EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 11 Commencement
11. Section 2 of the Principal Act is amended by omitting all the words after "on" and substituting "1 July 1985". EXPORT INSPECTION CHARGES (MISCELLANEOUS AMENDMENTS) ACT 1985 No. 115 of 1985 - SECT 12
12. Section 3 of the Principal Act is repealed and the following sections are substituted: Interpretation "3. (1) In this Act, unless the contrary intention appears- 'authorised agent' means the person appointed by a person under subsection 8(1) to be the authorised agent of the last-mentioned person; 'authorised officer' has the same meaning as in the Export Control Act 1982; 'authorised person' means a person who is, by virtue of an appointment made under section 14, an authorised person for the purposes of the provision in which the expression appears; 'charge' means- (a) establishment registration charge; (b) quantity charge; and (c) service charge; 'dairy produce' means milk and includes milk products; 'dried fruit' means fruit from which part of the natural moisture content has been removed by means of evaporation or dehydration and includes dried fruit products; 'dried fruit product' means a product one of the major components of which is dried fruit; 'edible game offal' means the- (a) liver; (b) kidney; or (c) heart, of a game animal that has been separated from the carcase of the animal; 'egg product' means a product one of the major components of which is eggs or a constituent part of eggs; 'eggs' means eggs of hens of the species Gallus gallus or any other species, or class of species, of bird, that is prescribed for the purposes of this definition and includes egg products; 'establishment' means an establishment that is registered for operations associated with the preparation of prescribed commodities; 'establishment registration charge' means the charge imposed by the Export Inspection (Establishment Registration Charge) Act 1985; 'export control orders' means orders or regulations made under the Export Control Act 1982; 'export permit' means a permit of that name provision for the granting of which is made for the purposes of section 7 of the Export Control Act 1982 in export control orders; 'exporter', in relation to a prescribed commodity, means the person in whose name an export permit in respect of that prescribed commodity is granted; 'fish' means- (a) the whole of an aquatic animal; or (b) a part of an aquatic animal other than the shell of the animal where the shell has been separated from the remainder of the animal, whether alive or dead, processed or unprocessed and includes fish products, but does not include the whole, or any part, of an aquatic mammal; 'fish product' means a product one of the major components of which is fish; 'fruit juice' means the unfermented juice of fruit, whether or not that juice contains a food additive, and includes the pulp of fruit and fruit juice concentrate; 'fruit product' means a product one of the major components of which is a fruit or a constituent part of a fruit but does not include fruit juice; 'game animal' means a wild animal, other than a bird or rabbit, that has been killed in its habitat by a shot from a firearm; 'game meat' means any part of a game animal, other than edible game offal, intended for human consumption; 'game meat product' means a food that has been processed beyond boning, slicing or trimming, other than soup, that is suitable for human consumption, being a food that-
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(a) has been prepared from game meat or edible game offal; or (b) contains in excess of 5% by mass of game meat or edible game offal; 'grain' means- (a) the grain of wheat, oats, barley or sorghum or of any other cereal that is prescribed for the purposes of this definition; and (b) the seeds of lupins or field peas or of any other leguminous plant that are prescribed for the purposes of this definition; 'meat' and 'meat product' have the same respective meanings as in the Meat Export Charge Act 1984; 'milk product' means a product one of the major components of which is milk or a constituent part of milk; 'poultry' means domesticated fowl, ducks, geese or turkeys; 'poultry meat' means a part of poultry that is intended for human consumption; 'poultry meat product' means a food that has been processed beyond boning, slicing or trimming, other than soup, that is suitable for human consumption, being a food that- (a) has been prepared from poultry meat; or (b) contains in excess of 5% by mass of poultry meat; 'preparation', in relation to prescribed commodities, includes- (a) the slaughter or killing of animals, or the dressing of carcases, from which prescribed commodities are obtained; (b) the processing, packing or storage of prescribed commodities; (c) the treatment of prescribed commodities; or (d) the handling or loading of prescribed commodities; 'prescribed commodity' means- (a) dairy produce; (b) eggs; (c) fruit (other than fresh fruit); (d) fruit juice; (e) fruit products; (f) fish; (g) grain; (h) meat; (j) meat products; (k) edible game offal; (m) game meat; (n) game meat products; (o) poultry meat; (p) poultry meat products; (q) rabbit meat; (r) rabbit meat products; (s) vegetables (other than fresh vegetables); (t) vegetable juice; or (u) vegetable products; 'prescribed office' means an office of the Department, being an office that is prescribed for the purposes of this Act; 'quantity charge' means the charge imposed by the Export Inspection (Quantity Charge) Act 1985; 'rabbit' includes a hare; 'rabbit meat' means a part of a rabbit that is intended for human consumption; 'rabbit meat product' means a food that has been processed beyond boning, slicing or trimming, other than soup, that is suitable for human consumption, being a food that- (a) has been prepared from rabbit meat; or (b) contains in excess of 5% by mass of rabbit meat; 'registered occupier', in relation to an establishment, means the person in whose name the establishment is registered; 'Secretary' means the Secretary to the Department; 'service charge' means the charge imposed by the Export Inspection (Service Charge) Act 1985; 'vegetable juice' means the unfermented juice of vegetables, whether or not that juice contains a food additive, and includes the pulp of vegetables and vegetable juice concentrate; 'vegetable product' means a product one of the major components of which is a vegetable or a constituent part of a vegetable but does not include vegetable juice. "(2) A reference in this Act to the registration of an establishment is a reference to the registration of an establishment in accordance with export control orders and includes a reference to the renewal of the registration of an establishment in accordance with export control orders. Provision of export inspection service