肉类出口检查和费用征收法案(Export Inspection and Meat Charges Collection Act 1985)

　　Export Inspection and Meat Charges Collection Regulations 1985

　　Statutory Rules 1985 No. 145 as amended

　　made under the Export Inspection and Meat Charges Collection Act 1985

　　This compilation was prepared on 18 December 2009

　　taking into account amendments up to SLI 2009 No. 343

　　Prepared by the Office of Legislative Drafting and Publishing,

　　Attorney-General’s Department, Canberra

　　1 Name of Regulations [see Note 1]

　　These Regulations are the Export Inspection and Meat Charges Collection Regulations 1985.

　　2 Definitions

　　In these Regulations:

　　accredited killing or processing plant has the meaning given by section 3 of the Domestic Meat Premises Charge Act 1993.

　　Act means the Export Inspection and Meat Charges Collection Act 1985.

　　AQIS means the Australian Quarantine and Inspection Service.

　　charge day:

　　（a） for a charge imposed under section 6 of the Domestic Meat Premises Charge Act 1993 — has the same meaning as in that Act; and

　　（b） for a charge imposed under section 6 of the Export Inspection （Establishment Registration Charges）

　  Act 1985 — has the same meaning as in the Export Inspection （Establishment Registration Charges）Regulations 1985.

　  charge period,
 
        for a meat establishment or a dairy establishment, has the same meaning as in the Export Inspection （Establishment Registration Charges）Regulations 1985.

　　dairy establishment has the same meaning as in the Export Inspection （Establishment Registration Charges）Regulations 1985.

　　fish establishment has the same meaning as in the Export Inspection （Establishment Registration Charges）Regulations 1985.

　　meat establishment has the same meaning as in the Export Inspection （Establishment Registration Charges）Regulations 1985.

　　2A Prescribed offices where charge may be paid

　　[see Note 2]

　　For the Act, the following offices of the Department are prescribed:

　　（a） the principal office in Canberra;

　　（b） the regional office in the capital city of the State or Territory in which the service is provided;

　　（c） if the service is provided in the Northern Territory — the regional office of the Department in Adelaide;

　　（d） if the the service is provided in Tasmania — the regional office of the Department in Melbourne.

　　2B When charge is due for payment — various charges

　　For section 4 of the Act:

　　（a） the charge for registering a fish establishment must be paid on the due date shown on the invoice issued by AQIS to the person who applied for the registration of the establishment; and

　　（b） the charge for registering a fish establishment for operations in addition to operations for which the establishment is registered must be paid on the due date shown on an invoice issued by AQIS to the person who applied for the registration of the establishment; and

　　（c） the quantity charge for an export inspection service on a prescribed commodity in respect of which an export permit is granted must be paid:

　　（i） if the amount of charge is determined by the Department before the provision of the service — ondemand by the Department; or

　　（ii） in any other case — on the due date shown on an invoice issued by AQIS to the person who applied for the provision of that service;

　　（d） the service charge for an export inspection service must be paid:

　　（i） if the amount of charge is determined by the Department before the provision of the service — on demand by the Department; or

　　   （ii） in any other case — on the due date shown on an invoice issued by AQIS to the person who applied for the provision of that service;

　　（e） the charge for an application for the registration of an establishment must be paid at the time of making the application;

　　（f） a charge imposed under section 6 of the Domestic Meat Premises Charge Act 1993 for a financial year that commences after 30 June 1994 is due for payment as follows:

　　（i） if the charge is imposed for an accredited killing or processing plant for which the charge day occurs on 1 July in that financial year:

　　（A） one quarter of the amount of the charge is due for payment on the day, later than 1 July in that financial year, shown on an invoice issued by AQIS to the person who is liable to pay the charge; and

　　（B） one quarter of the amount of the charge is due for payment on the day occurring 12 weeks after the day referred to in subsubparagraph（A）; and

　　（C） one quarter of the amount of the charge is due for payment on the day occurring 12 weeks after the day referred to in subsubparagraph（B）; and

　　（D） the balance is due for payment on the day occurring 12 weeks after the day referred toin sub-subparagraph （C）;

　　（ii） if the charge is imposed for an accredited killing or processing plant for which the charge day occurs after 1 July in that financial year, the amount of the charge is due for payment on the charge day.

   3 Returns in respect of quantity charge

　　（1） The following particulars are required to be specified in a return submitted under section 6 of the Act by an exporter in relation to the prescribed commodity, the prescribed commodities, or the goods of a class, or kind, of prescribed commodity, in respect of which an export permit was granted to that exporter in a month:

　　（a） the full name and address of that exporter, not being the address of a post office box or bag;

　　（b） if that exporter prefers another address to be used for receiving correspondence and for service of documents on that exporter — that other address;

　　（c） the name of that month;

　　（d） the serial number of that export permit;

　　（e） the date on which that export permit was granted;

　　（f） the quantity of that prescribed commodity, of each of those prescribed commodities or of each of those classes,or kinds, of goods, as the case requires;

　　（g） the amount of the quantity charge imposed on that prescribed commodity, on each of those prescribed commodities or on each of those classes, or kinds, of goods, as the case requires;

　　（h） the total amount of the quantity charges referred to in paragraph （g）;

　　（i） if the permit was granted in respect of a prescribed commodity, prescribed commodities, or goods of a class,or kind, of prescribed commodity, other than grain — the name of the last establishment at which that prescribed commodity, at which each of those prescribed commodities or at which each of those classes, or kinds, of goods, as the case requires, was prepared during that month.

　　（2） An exporter who provides particulars to the Department in accordance with regulation 3D, in relation to dairy produce,fish, fruit, fruit products that are dried fruit or processed fruit,vegetables or vegetable products that are processed vegetables,is taken to have furnished a return in accordance with subregulation （1）.

　　2C When charge is due for payment — meat

　　establishments

　　（1） For section 4 of the Act, this regulation explains when charge for the registration of a meat establishment is due for payment.

　　Charge day of 1 July

　　（2） If charge is imposed for an establishment for which the charge day is 1 July:

　　（a） charge is due for payment in equal monthly instalments covering each of the months in the charge period; and

　　（b） an instalment for a month in the 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.

　　Note An amount of charge payable in an instalment may be paid before the day on which it is due for payment.

　　Charge day after 1 July

　　（3） If charge is imposed for an establishment for which the charge day is after 1 July:

　　（a） no charge is due for payment for the part of the charge period before charge day; and

　　（b） charge is due for payment for the part of the charge period on and after the charge day in accordance with this subregulation; and

　　（c） if the month in which the charge day occurs （the start month） is followed, in the charge period, by 1 or more complete months:

　　（i） charge is due for payment in equal monthly instalments covering each of the months in the charge period, including the start month; and

　　（ii） the amount of charge for a month of the charge period （whether the start month or a complete month） is due for payment on the day shown on an invoice issued by AQIS to the person who is liable to pay the charge; and

　　   （d） if the charge day occurs in the final month of the charge period:

　　（i） charge is due for payment for the part of the final month that starts on the charge day; and

　　（ii） the amount of charge due for payment is the total amount of charge for the charge period; and

　　（iii） the amount of charge is due for payment on the day shown on an invoice issued by AQIS to the person who is liable to pay the charge.

　　Note An amount of charge payable in an instalment may be paid before the day on which it is due for payment.

　　2D When charge is due for payment — dairy establishments

　　（1） For section 4 of the Act, this regulation explains when charge for the registration of a dairy establishment is due for payment.

　　Due day

　　（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.

　　2E Rules about due days that can be shown on invoices

    For regulations 2B, 2C and 2D, the day shown on an invoice as the day on which an amount of charge is due for payment must be a day that is:

　　（a） on or after the start of the period to which the amount of charge relates; and

　　（b） at least 14 days after the day of issue of the invoice for the amount of charge.

　　2F General provisions about payment of charge

　　（1） The Secretary may specify, by notice in writing given to the person who is liable to pay a particular amount of charge:

　　（a） a day, later than the day on which the amount is due for payment, as the day on which the amount is payable; or

　　    （b） that the amount is payable in instalments on the days, later than the day on which the amount is due for payment, specified in the notice.

　　（2） For section 4 of the Act:

　　（a） if the Secretary gives a notice under paragraph （1） （a）, the amount of charge referred to in the notice is due for payment on the day specified in the notice; and

　　（b） if the Secretary gives a notice under paragraph （1） （b）, an instalment referred to in the notice is due for payment on the day specified in the notice for payment of that instalment.

　　Note A payment of charge to which subregulation （1） or （2） applies may be paid before the day on which it is due for payment.

　　（3） In spite of subregulations （1） and （2） and regulations 2B, 2C and 2D, if:

　　（a） a person is liable to pay an amount of charge on or before a day （the original due day）; and

　　（b） the person does not pay the amount on or before the original due day; and

　　（c） the person is liable to pay a further amount of the same charge, that is due for payment at any time after the original due day, for the same year and the same establishment; the further amount becomes due for payment on the original due day.

　　3B Signing of returns

　　（1） Subject to subregulation （3）, a return submitted under section 6 of the Act by an exporter must be signed by the exporter.

　　（3） A return required under subregulation （1） to be signed by an exporter may be signed:

　　（a） where the exporter is a natural person — by an authorised agent of that person;

　　    （b） where the exporter is a body corporate — by a person who manages or controls the operations of that body corporate in relation to the export of any prescribed commodity to which the return relates or by an authorised agent of that body corporate; or

　　（c） where the exporter is a body politic — by a person having responsibility for the administration of such of the affairs of that body politic as relate to the export of any prescribed commodity to which the return relates or by an authorised agent of that body politic.

　　3C Lodgment of returns

　　（1） A return under section 6 of the Act in respect of a month must be submitted to the Secretary by lodging it at a prescribed office within 28 days after the last day of that month.

　　（2） An exporter who provides particulars to the Department in accordance with regulation 3D, for dairy produce, fish, fruit,fruit products that are dried fruit or processed fruit, vegetables or vegetable products that are processed vegetables, is taken to have furnished a return in accordance with subregulation （1）.

　　3D Particulars in respect of quantity charge

　　（1） An exporter liable to quantity charge in respect of dairy produce, fish, fruit, fruit products that are dried fruit or processed fruit, vegetables or vegetable products that are processed vegetables, must provide the following particulars to the Department:

　　（a） the full name of the exporter; and

　　（b） the address of the exporter, that is not a post office box or bag; and

　　（c） if the exporter prefers another address to be used for receiving correspondence and for service of documents, that other address; and

　　（d） the exporter’s account number; and

　　（e） the date of application; and

　　    （f） the weight of the prescribed commodity to be exported, or of each of those prescribed commodities, as the case requires; and

　　（g） the name and form number of each form submitted with the application; and

　　（h） the AQIS service code for each service required; and

　　（i） the amount of service fee applicable to each prescribed commodity; and

　　（j） the total amount of service fees; and

　　（k） the Export Permit number; and

　　（l） shipping details necessary for processing the application.

　　（2） The particulars must be provided when:

　　（a） the exporter applies to the Department for an export permit; or

　　（b） the exporter applies for any other documentation in relation to export inspection kept and provided by the Department at the request of exporters.

　　4 Prescribed form of appointment of authorised agent

　　For paragraph 8 （2） （a） of the Act the prescribed form for the appointment of an authorized agent is the form in Schedule 1.

　　4A Subsection 11 （3） of the Act: prescribed amount

　　For subsection 11 （3） of the Act, the amount of $1,000 is prescribed.

　　5 Form of warrant for authorised person to enter premises

　　The form of warrant for section 15 of the Act is the form in Schedule 2.

　　6 Refund or remission of charge

　　（1） Subregulation （2） applies if:

　　（a） a person pays an amount of charge for the registration of a meat establishment for a financial year; and

　　    （b） AQIS issues an invoice to the person showing the day on which another payment of the charge for the financial year is due for payment; and

　　（c） the person notifies the Secretary, before that day, that the establishment has ceased the operations for which the charge is payable; and

　　（d） the Secretary is satisfied that the establishment will not resume operations of a kind for which the charge is payable within 12 months after the day on which it ceased operations; and

　　（e） the amount of the charge paid by the person for the financial year exceeds the amount calculated using the formula:

　　where:

　　number of days means the number of days in the financial year on which the establishment operated.

    total amount of charge means the total amount of charge payable for an establishment of that kind in the financial year.

　　（2） The Secretary must, as soon as practicable:

　　（a） refund to the person an amount equal to the difference between the amounts referred to in paragraph （1） （e）; or

　　（b） if the person:

　　（i） is liable to pay charge imposed under section 6 of the Domestic Meat Premises Charge Act 1993 for the relevant meat establishment; and

　　（ii） has not paid an amount of the charge; remit an amount of that charge equal to the difference between the amounts referred to in paragraph （1） （e）.

　　（3） Subregulation （4） applies if:

　　（a） a person pays a charge imposed under section 6 of the Domestic Meat Premises Charge Act 1993 or a meat establishment for a financial year; and

　    　（b） AQIS issues an invoice to the person showing the day on which another payment of the charge for the financial year is due for payment; and

　　（c） the person notifies the Secretary, before that day, that the establishment has ceased the operations for which the charge is payable; and

　　（d） the Secretary is satisfied that the establishment will not resume operations of a kind for which the charge is payable within 12 months after the day on which it ceased operations; and

　　（e） the amount of the charge paid by the person for the financial year exceeds the amount calculated using the formula:

　　where:

　　number of days means the number of days in the financial year on which the establishment operated.

　　total amount of charge means the total amount of charge payable for an establishment of that kind in the financial year.

　　（4） The Secretary must, as soon as practicable:

　　（a） refund to the person an amount equal to the difference between the amounts referred to in paragraph （3） （e）; or

　　（b） if the person has not paid an amount of charge for the registration of the relevant meat establishment — remit an amount of that charge equal to the difference between the amounts referred to in paragraph （3） （e）.

　　（5） If:

　　（a） a person is liable to pay an amount of charge:

　　（i） imposed under section 6 of the Domestic Meat Premises Charge Act 1993 for a meat establishment for the financial year ending on 30 June 1994; or

　　（ii） for the registration of a meat establishment for the financial year ending on 30 June 1994; and

　　    （b） AQIS issues an invoice to the person showing the day on which the first payment of the charge for the financial year is due for payment; and

　　（c） the person notifies the Secretary, before that day, that the establishment has ceased the operations for which the relevant kind of charge is payable; and

　　（d） the Secretary is satisfied that the establishment will not resume operations for which the relevant kind of charge is payable within 12 months after the day when it ceased operations;the Secretary must remit the amount of the charge payable for the financial year.

　　（6） If:

　　（a） a person is liable to pay an amount of charge:

　　（i） imposed under section 6 of the Domestic Meat Premises Charge Act 1993 for a meat establishment for a financial year commencing after 30 June 1994;or

　　（ii） for the registration of a meat establishment for a financial year commencing after 30 June 1994; and

　　（b） AQIS issues an invoice to the person showing the day on which a payment of the relevant kind of charge for the financial year is due for payment; and

　　（c） the person notifies the Secretary, before that day, that the establishment has ceased the operations for which the relevant kind of charge is payable; and

　　（d） the Secretary is satisfied that the establishment will not resume operations for which the relevant kind of charge is payable within 12 months after the day when it ceased operations; the Secretary must remit the amount of the relevant kind of charge that is due for payment after the day referred to in paragraph （b）.

　　Note If the person has already paid an amount of the relevant kind of charge for the financial year, the person may also receive a refund of charge under subregulation （2） or （4）.

　　（7） The Secretary may remit or refund some or all of an amount of charge if the Secretary is satisfied that:

　　（a） in the case of domestic meat premises charge:

　　（i） the killing or processing plant for which the amount is payable changes from a kind of plant specified in one item of Schedule 2 to the Domestic Meat Premises Charge Regulations to a kind of plant specified in another item of that Schedule because there is a reduction in the inspection service allocated to, or provided at, the plant that the Secretary is satisfied is a permanent reduction; or

　　（ii） the killing or processing plant for which the amount is payable changes, for any other reason, from a kind of plant specified in one item of that Schedule to a kind of plant specified in another item of that Schedule to which a lesser amount of charge relates;or

　　（b） there are special circumstances that make it reasonable to remit some or all of the amount.

　　（8） If a person is liable to pay in a financial year:

　　（a） establishment registration charge under the Export Inspection （Establishment Registration Charges） Act 1985;

　　（b） quantity charge under the Export Inspection （Quantity Charge） Act 1985;

　　（c） service charge under the Export Inspection （Service Charge） Act 1985; or

　　（d） domestic meat premises charge under the Domestic Meat Premises Charge Act 1993; the Secretary may, in accordance with subregulation （9）, remit,or refund, some or all of the amount of charge.

　　（9） For subregulation （8）, the Secretary must:

　　（a） be satisfied that, for cost-recovery in that financial year, in relation to a service or matter for which charge of a kind referred to in subregulation （8） is imposed, full charge need not be collected; and

　　（b） in determining the amount of charge to be remitted, or refunded, as the case may be — take account of:

　　    （i） 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

　　（ii） 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 subparagraph （i） applies.

　　6A Statement to accompany notice of certain decisions

　　（1） This regulation applies to a decision of any of the following kinds:

　　（a） a decision under paragraph 2B （2） （a） not to specify a day later than the day on which an amount would otherwise be due for payment as the day on which the amount is payable;

　　（b） a decision under paragraph 2B （2） （b） not to specify that an amount is payable by instalments on days later than the day later than the day on which an amount would otherwise be due for payment;

　　（c） a decision under paragraph 6 （1） （d）, （3） （d） or （5） （d） not to be satisfied that an establishment will not resume operations of a particular kind;

　　（d） a decision under subregulation 6 （7） or （8） not to refund or remit an amount of charge.

　　（2） When the Secretary makes a decision to which this regulation applies, the Secretary must give the person liable to pay the relevant charge a notice in writing:

　　（a） setting out the reasons for the decision; and

　　（b） stating that the person may apply under regulation 6B for reconsideration of the decision; and

　　（c） setting out how to apply for reconsideration, and the time within which the application must be made.

　　6B Requests for reconsideration of decisions

　　（1） A person whose interests are affected by a decision to which regulation 6A applies may ask the Secretary to reconsider the decision.

　　（2） A request for reconsideration must:

　　（a） be in writing; and

　　（b） set out the reasons why the Secretary should reconsider the decision; and

　　（c） be given to the Secretary within 28 days after the day when the person is told of the decision in writing.

　　6C Operation of decision not affected by application for reconsideration

　　The making of an application for reconsideration of a decision does not affect the operation of the decision.

　　6D Reconsideration of decisions

　　（1） If a person applies for reconsideration of a decision to which regulation 6A applies （the original decision）, the Secretary must reconsider the decision.

　　（2） After reconsidering the original decision, the Secretary must:

　　（a） confirm it; or

　　（b） amend it; or

　　（c） substitute another decision for it.

　　（3） Without limiting the generality of subregulation （2）, if the original decision was a decision not to remit an amount of charge, and the amount of charge has been paid, the Secretary　may substitute a decision to refund the same or another amount of charge.

　　（4） If, by the end of 45 days after the Secretary receives the application, he or she has not given written notice of his or her decision after reconsideration to the person who applied for the reconsideration, the Secretary is taken, on that 45th day, to have confirmed the original decision.

　　   （5） If the Secretary decides to amend the original decision or substitute another decision for it, the later decision replaces the original decision for all purposes （other than the making of an application for reconsideration）.

　　6E AAT review of decisions on reconsideration

        Application may be made under the Administrative Appeals

　　Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision of the Secretary under subregulation 6D （2）.

　　7 Delegation by the Secretary

　　The Secretary may, in writing, delegate his or her powers under these Regulations （other than this power） to an officer of AQIS.

　     Schedule具体内容请详见 肉类出口检查和费用征收实施条例(Export Inspection and Meat Charges Collection Act 1985) F2009C01300.pdf