Meat Export Charge Collection Act 1984

Act No. 154 of 1984 as amended

This compilation was prepared on 17 October 2000
taking into account amendments up to Act No. 65 of 1985

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interpretation.................................

4 Act to bind Crown..............................

5 By whom charge payable..........................

6 Due date for payment of charge......................

7 Certificates etc. not to be issued until charge is paid..........

8 Recovery of charge.............................

9 Penalty for non‑payment....................

10 Applications deemed not to have been made in certain circumstances 

11 Refunds and remissions of charge where meat or meat products not exported             

12 Access to premises.............................

12A Reconsideration and review of certain decisions............

12B Statements to accompany notification of certain decisions......

13 Regulations..................................

Notes 

An Act to make provision for the collection of the charge imposed by the Meat Export Charge Act 1984

1  Short title [see Note 1]

  This Act may be cited as the Meat Export Charge Collection Act 1984.

2  Commencement [see Note 1]

  This Act shall come into operation on the day fixed under section 2 of the Charge Act.

3  Interpretation

 (1) In this Act, unless the contrary intention appears:

authorized person means:

 (a) a person appointed by the Minister, in writing, to be an authorized person for the purposes of this Act; or

 (b) a person included in a class of persons appointed by the Minister, in writing, to be authorized persons for the purposes of this Act.

charge has the same meaning as in the Charge Act.

Charge Act means the Meat Export Charge Act 1984.

Export Control Act has the same meaning as in the Charge Act.

export permit has the same meaning as in the Charge Act.

meat and meat product have the same respective meanings as in the Charge Act.

 (2) Where the completion and lodgement of any document is, by virtue of subsection 3(2) or (3) of the Charge Act, deemed to constitute the making of an application of the kind referred to in paragraph 5(1)(a) or (b) of that Act, the completion and lodgement of that document is also deemed to constitute the making of an application of that kind for the purposes of this Act.

 (3) A period that is a relevant period in relation to particular meat or meat products by virtue of the operation of regulations made under subsection 3(4) of the Charge Act is a relevant period in relation to that meat or those meat products for the purposes of this Act.

4  Act to bind Crown

  This Act binds the Crown in right of each of the States and of the Northern Territory, but nothing in this Act renders the Crown in right of a State or of the Northern Territory liable to be prosecuted for an offence.

5  By whom charge payable

  Charge on the making of an application of the kind referred to in paragraph 5(1)(a) or (b) of the Charge Act is payable by the person in whose name the application is made.

6  Due date for payment of charge

 (1) Where an application of the kind referred to in paragraph 5(1)(a) of the Charge Act is made, the person making that application shall indicate, in a manner specified in regulations made for the purposes of this subsection, whether or not an application of the kind referred to in paragraph 5(1)(b) of that Act will be made in relation to the meat or meat products in respect of which the first‑mentioned application is made.

 (2) Where, in relation to meat or meat products to which an application of the kind referred to in paragraph 5(1)(a) of the Charge Act relates, it is indicated, in a manner specified in regulations made for the purposes of subsection (1), that an application of the kind referred to in paragraph 5(1)(b) of that Act will not be made, charge on the first‑mentioned application is due for payment, subject to subsection (4), at the time at which that application is made.

 (3) Where, in relation to meat or meat products to which an application of the kind referred to in paragraph 5(1)(a) of the Charge Act (in this subsection referred to as the first application) relates, it is indicated, in a manner specified in regulations made for the purposes of subsection (1), that an application of the kind referred to in paragraph 5(1)(b) of that Act (in this subsection referred to as the second application) will be made in relation to that meat or those meat products, then:

 (a) if the second application is made before the expiration of the relevant period in relation to that meat or those meat products—charge on the second application is due for payment at the time at which that application is made;

 (b) if the second application is made before the expiration of that relevant period in relation to part only of that meat or those meat products:

 (i) charge on the second application, in so far as it relates to that part of that meat or of those meat products, is due for payment at the time at which that application is made; and

 (ii) charge on the first application in so far as it relates to the balance of that meat or those meat products, shall be deemed to have been due for payment, subject to subsection (4), at the time when the first application was made; or

 (c) if the second application is not made before the expiration of that relevant period—charge on the first application shall be deemed to have been due for payment, subject to subsection (4), at the time when the first application was made.

 (4) If, in a case to which subsection (2), subparagraph (3)(b)(ii) or paragraph (3)(c) applies, an application in respect of which charge is payable is, or was, made at a place other than an office of the Department that is prescribed for the purposes of this subsection, the due date for payment of charge on the making of that application is, or shall be deemed to have been, 28 days after the end of the month in which that application is, or was, made.

7  Certificates etc. not to be issued until charge is paid

 (1) Where, by virtue of the provisions of this Act, charge on an application of the kind referred to in paragraph 5(1)(a) or (b) of the Charge Act is due for payment and, at the time when that charge is due to be paid, an export permit or certificate to which that application relates has not been granted or issued, that export permit or certificate shall not be granted or issued until that amount of charge, and any penalty payable in respect of the late payment of that amount of charge, has been paid in full.

 (2) Where, by virtue of the provisions of this Act, charge on an application of a kind referred to in paragraph 5(1)(a) or (b) of the Charge Act is due for payment, an export permit or certificate shall not be granted or issued in respect of any other application of either of those kinds made in the name of the person in whose name the first-mentioned application was made until that amount of charge, and any penalty payable in respect of the late payment of that amount of charge, has been paid in full.

8  Recovery of charge

  Subject to sections 10 and 11, the following amounts may be recovered by the Commonwealth as debts due to the Commonwealth:

 (a) an amount of charge that is due for payment;

 (b) an amount payable by way of penalty under section 9.

9  Penalty for non‑payment

 (1) Where the liability of a person to pay any amount of charge is not discharged on or before the date on which the charge is due for payment, that person, in addition to his or her liability to pay that charge, is liable to pay, by way of penalty, an amount calculated at the rate of 20% per annum upon the amount of charge from time to time remaining unpaid, to be computed from the date on which that amount of charge became due for payment.

 (2) The Minister or, subject to subsection (3), an authorized person, may, in a particular case, for a reason that the Minister or the authorized person thinks sufficient, remit the whole or a part of an amount of penalty payable under this section.

 (3) A remission granted under subsection (2) by an authorized person shall not exceed $1,000.

10  Applications deemed not to have been made in certain circumstances

 (1) Where:

 (a) an amount of charge is due, or is deemed to have been due, for payment upon the making of an application of a kind referred to in paragraph 5(1)(a) or (b) of the Charge Act;

 (b) the amount of charge has not been paid; and

 (c) the application is withdrawn or is refused or rejected;

the application shall, for the purposes of this Act and the Charge Act, be deemed not to have been made.

 (2) Where an amount of charge on the making of an application of the kind referred to in paragraph 5(1)(a) or (b) of the Charge Act has been paid and:

 (a)  the application is withdrawn or is refused or rejected; or

 (b)  if the export permit or certificate to which that application relates has been granted or issued and the meat or meat products to which the application relates has not or have not been exported from Australia—the export permit or certificate so granted or issued is surrendered;

the amount of charge so paid, and the amount of any penalty paid in respect of the late payment of that charge, shall be refunded and the application shall, for the purposes of this Act and the Charge Act, be deemed not to have been made.

 (3) Notwithstanding any implication to the contrary contained in subsection (1) or (2), where there is a refusal or rejection of an application of the kind referred to in paragraph 5(1)(a) or (b) of the Charge Act in respect of part only of the meat or meat products to which the application relates, then, for the purposes of this Act and the Charge Act, the application shall not be treated as having been refused or rejected in any respect.

11  Refunds and remissions of charge where meat or meat products not exported

 (1) Where:

 (a) in accordance with subsection 6(2) of this Act, a person has paid charge in respect of the making of an application of the kind referred to in paragraph 5(1)(a) of the Charge Act that relates to meat or meat products; and

 (b) an authorized person becomes satisfied that a particular proportion of that meat or those meat products was not exported under the authority of the export permit granted pursuant to the application;

the first‑mentioned person is entitled to a refund of charge, and of any penalty in respect of the late payment of charge, paid in respect of the application in so far as it related to the meat or meat products that was not, or were not, so exported.

 (2) Where:

 (a)  in accordance with paragraph 6(3)(b) of this Act, charge is deemed to be due for payment by a person in respect of the making of an application of the kind referred to in paragraph 5(1)(a) of the Charge Act that relates to meat or meat products so far as that application relates to part only of that meat or those meat products; and

 (b)  an authorized person becomes satisfied that a particular proportion of that part of that meat or those meat products was not exported under the authority of the export permit granted pursuant to the application;

the first‑mentioned person is entitled to a remission of charge, and of any penalty in respect of the late payment of charge, that, but for this subsection, would have been payable in respect of the application in so far as it related to the meat or meat products that was not, or were not, so exported.

 (3) Where:

 (a)  in accordance with paragraph 6(3)(c) of this Act, charge is deemed to be due for payment by a person in respect of the making of an application of the kind referred to in paragraph 5(1)(a) of the Charge Act that relates to meat or meat products; and

 (b) an authorized person becomes satisfied that a particular proportion of that meat or those meat products was not exported under the authority of the export permit granted pursuant to the application;

the first‑mentioned person is entitled to a remission of charge, and of any penalty in respect of the late payment of charge, that, but for this subsection, would have been payable in respect of the application in so far as it related to the meat or meat products that was not, or were not, so exported.

12  Access to premises

 (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

 (2) Where an authorized person has reason to believe that there are on any premises books, documents or papers relating to an application in relation to the making of which charge is, or may be, payable, the authorized person may make an application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.

 (3) If, on an application under subsection (2), the Justice of the Peace is satisfied, by information on oath or affirmation:

 (a) that there is reasonable ground for believing that there are on the premises to which the application relates any books, documents or papers relating to an application in relation to the making of which charge is, or may be, payable; and

 (b) that the issue of the warrant is reasonably required for the purposes of this Act;

the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as the person thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

 (4) A Justice of the Peace shall not issue a warrant under subsection (3) unless:

 (a) an affidavit has been furnished to the Justice of the Peace setting out the grounds on which the issue of the warrant is being sought; and

 (b) the applicant or some other person has given to the Justice of the Peace, either orally or by affidavit, such further information (if any) as the Justice of the Peace requires concerning the grounds on which the issue of the warrant is being sought.

 (5) Where a Justice of the Peace issues a warrant under subsection (3), the Justice of the Peace shall state on the affidavit furnished in accordance with subsection (4) which of the grounds specified in the affidavit the Justice of the Peace has relied on to justify the issue of the warrant and particulars of any other grounds relied on by the Justice of the Peace to justify the issue of the warrant.

 (6) A warrant granted under subsection (3) shall specify a date after which the warrant ceases to have effect.

 (7) Where an authorized person has entered any premises pursuant to subsection (1) or pursuant to a warrant granted under subsection (3), the authorized person may exercise the functions of an authorized person under this section.

 (8) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting pursuant to a warrant granted under subsection (3) or acting pursuant to subsection (7).

Penalty: $1,000 or imprisonment for 6 months, or both.

 (9) The functions of an authorized person under this section are to search for, inspect, take extracts from, and make copies of, any books, documents or papers relating to an application in relation to the making of which charge is, or may be, payable, for the purpose of ascertaining whether the provisions of this Act and the regulations made under this Act have been complied with.

 (10) In this section, occupier, in relation to premises, includes the person in charge of the premises.

12A  Reconsideration and review of certain decisions

 (1) In this section, unless the contrary intention appears:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

relevant decision means a decision of an authorized officer under subsection 9(2).

reviewable decision means:

 (a) a decision of the Minister under subsection 9(2); or

 (b) a decision of the Minister under subparagraph (3)(a)(ii) or               subsection (4).

 (2) Subject to subsection (3), a person affected by a relevant decision may request the Minister to reconsider the decision.

 (3) The request shall:

 (a) be made by notice in writing given to the Minister within:

 (i) the period of 28 days after the decision first comes to the notice of the person; or

 (ii) such further period as the Minister (whether before or after the expiration of that period of 28 days), by notice in writing served on the person, allows; and

 (b) shall set out the reasons for making the request.

 (4) The Minister shall, within 45 days after receipt of the request, reconsider the relevant decision and may:

 (a) confirm the decision;

 (b) vary the decision; or

 (c) set the decision aside and make a new decision in substitution for the decision so set aside.

 (5) Where, pursuant to a request under subsection (2), the Minister reconsiders a relevant decision, the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration.

 (6) Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions.

12B  Statements to accompany notification of certain decisions

 (1) In this section, decision, relevant decision and reviewable decision have the same respective meanings as in section 12A.

 (2) Where an authorized officer makes a relevant decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that a person affected by the decision:

 (a) may, if the person is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with subsection 12A(3); and

 (b) may, subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with the decision on the reconsideration, apply to the Administrative Appeals Tribunal for review of that decision.

 (3) Where the Minister makes a reviewable decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may, if the person is dissatisfied with the decision, apply to the Administrative Appeals Tribunal for review of the decision.

 (4) Any failure to comply with the requirements of subsection (2) or (3) in relation to a decision does not affect the validity of the decision.

13  Regulations

  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act or for facilitating the collection or recovery of any debt due to the Commonwealth under this Act;

and, in particular:

 (c) providing for the manner of payment of charge and other money payable to the Commonwealth under this Act;

 (d) providing, in a case to which section 10 or 11 does not apply, for the remission or refund of charge in specified circumstances; and

 (e) specifying the form of warrant for the purposes of section 12.

Notes to the Meat Export Charge Collection Act 1984

Note 1

The Meat Export Charge Collection Act 1984 as shown in this compilation comprises Act No. 154, 1984 amended as indicated in the Tables below.

Table of Acts

(a) The Meat Export Charge Collection Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

Table of Amendments