Export Control (Fees) Orders 2001

I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make these Orders under regulation 3 of the Export Control (Orders) Regulations 1982.

Dated 28 September 2001

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

COMMONWEALTH OF AUSTRALIA

EXPORT CONTROL (ORDERS) REGULATIONS

Export Control (Fees) Orders 2001

TABLE OF CONTENTS

PART 1 - PRELIMINARY 

1. Citation 

2. Commencement and application 

3. Repeal 

4. Interpretation 

PART 2 – MEAT, GAME, POULTRY AND RABBIT MEAT INSPECTION FEES 

5. Interpretation 

6. Fees when services provided on hourly basis 

7. Fees when services provided on annual, four-weekly, weekly or daily basis 

8. Shutdown 

9. Industrial action by authorised officers 

10. Industrial action by other workers 

11. Fee imposition premise 

12. Insufficient notice of change to allocation 

13. Insufficient notice of termination of additional inspection services 

PART 3 – INSPECTION FEES FOR GRAINS, HORTICULTURE PRODUCTS, MUNG BEANS, PLANTS AND PLANT PRODUCTS             

14. Application 

15. Fee rates 

16. Fees for overtime 

17. Fees for shift work 

18. Fees for overtime performed after shift work 

19. Fees for services away from ordinary place of work 

20. Fees for particular services 

21. Travel 

PART 4 – INSPECTION FEES FOR LIVE ANIMALS AND ANIMAL REPRODUCTIVE MATERIAL             

22. Application 

23. Fees for particular services 

24. Travel 

PART 5 - EXPORT DOCUMENTATION FEES 

25. Various documentation fees 

26. Documentation fees for building plans 

27. Supervision of shipping marks 

28. Documentation fees for organic produce certification 

29. Annual fee for EXDOC registered user exporting fish 

30. Fee for EXDOC use by non-registered user – horticulture products 

31. By whom fees payable 

PART 6 - CHEMICAL COMPOUNDS APPROVAL FEES 

32. Chemical compounds approval fees 

33. By whom fees payable 

PART 7 – SERVICE FEE FOR HORTICULTURE PRODUCTS 

34. Service fee for horticulture products 

35. By whom fees payable 

PART 8 – FEES FOR THIRD PARTY CERTIFYING BODIES AND AUDITORS – EXPORT CONTROL (PROCESSED FOOD) ORDERS             

36. Definitions 

37. Fee for accrediting third party certifying bodies 

38. Fee for approving auditors 

39. Fees for auditing third party certifying bodies 

40. By whom fees payable 

PART 9 - COLLECTION OF FEES 

41. Due date for payment of inspection fees 

42. Due date for payment of annual inspection fees 

43. Due date for payment of fees under Part 7 

44. Due date for payment of documentation fees 

45. Withdrawal of inspection services 

46. Due date for payment of fees under Part 8 

47. Penalty fees 

48. Recovery of fees 

49. Remission of fees 

PART 10 - MISCELLANEOUS 

50. Additional fees for services provided away from ordinary place of work – fish or fish products             

51. Fees not to apply 

52. Replacement certificates 

53. Review of decisions 

SCHEDULE 1 - MEAT, GAME, POULTRY AND RABBIT MEAT INSPECTION 

SCHEDULE 2 - INSPECTION FEES FOR GRAINS, HORTICULTURE PRODUCTS, MUNG BEANS, PLANTS AND PLANT PRODUCTS             

SCHEDULE 3 - FEES FOR PARTICULAR SERVICES 

SCHEDULE 4 - FEES FOR LIVE ANIMALS AND ANIMAL REPRODUCTIVE MATERIAL             

SCHEDULE 5 - EXPORT DOCUMENTATION FEES 

COMMONWEALTH OF AUSTRALIA

EXPORT CONTROL (ORDERS) REGULATIONS

EXPORT CONTROL (FEES) ORDERS 2001

PART 1 - PRELIMINARY

1. Citation

These Orders may be cited as the Export Control (Fees) Orders 2001.

2.                       Commencement and application

(1)                    Subject to suborder (2), these Orders commence on 1 November 2001.

(2)                    The repeals of Part 3C of the Export Control (Fees) Orders 1986, as amended, and of the provisions of those Orders imposing an annual fee for an EXDOC registered user's interaction with EXDOC in respect of exports of horticulture products are taken to have commenced on 1 July 2001.

(3)                    If a service in respect of which a fee is imposed by these Orders started to be performed before 1 November 2001, the applicable fee for the service in respect of the period before that date is to be ascertained in accordance with the Export Control (Fees) Orders 1986, as amended.

3.                       Repeal

The following Orders are repealed:

(a)                    Export Control (Fees) Orders 1986;

(b)                    each amendment of those Orders.

4.                       Interpretation

(1)                   In these Orders, unless the contrary intention appears, words have the same meaning as in the Prescribed Goods (General) Orders 1985, except that:

additional inspection services means inspection services that are provided to an establishment in addition to the core inspection services provided to the establishment in accordance with an arrangement entered into between AQIS and the establishment.

animal reproductive material has the same meaning as in the Export Control (Animals) Orders.

approved form, in relation to a certificate as to condition of goods, means a form approved by the Secretary for the purpose of the issuing of the certificate.

AQIS means the Australian Quarantine and Inspection Service.

Area Technical Manager means a veterinary officer from AQIS whose services are made available to provide technical support and auditing functions for the purposes of the Act.

certification assurance arrangement means an arrangement between the Department and a person or organisation who prepares a prescribed commodity for export, under which:

(a)                    the person or organisation implements a system of preparation that is of a standard agreed between the person or organisation and the Department; and

(b)                    the Department monitors the implementation of the system.

cut flowers means cut flowers to which the Grain, Plants and Plant Products Orders apply.

dried fruit means dried fruit to which the Export Control (Dried Fruits) Orders apply.

EDI user identifier for a person, means an identifier that is unique to the person and enables them to send documents to AQIS using EXDOC.

eggs has the same meaning as eggs and egg products in the Export Control (Processed Food) Orders.

EXDOC means the AQIS electronic export documentation system.

EXDOC registered user means an entity registered to interact with EXDOC either directly or via a third party agent.

fee means an amount required to be paid by a person pursuant to these Orders.

fish has the same meaning as in the Export Control (Processed Food) Orders.

fresh fruit means fruit to which the Export Control (Fresh Fruit and Vegetables) Orders apply.

grain means grain to which the Grain, Plants and Plant Products Orders apply.

half hour includes part of a half hour.

health certificate, in relation to meat or meat products, means a document issued by AQIS that certifies as to matters required by an authority of a country to which the meat or meat products are to be exported.

horticulture products means fresh fruit, fresh vegetables, cut flowers, nursery stock, unprocessed nuts or dried fruit.

hour includes part of an hour.

in-office inspection means an export inspection service carried out by an authorised officer at an office of the Department or an office of a Department of the Government of a State or Territory.

inspection service includes an auditing service.

live animal has the same meaning as in the Export Control (Animals) Orders.

mung beans has the same meaning as in the Export Control (Mung Beans) Orders.

nursery stock means nursery stock to which the Grain, Plants and Plant Products Orders apply.

out of office inspection means an export inspection service carried out by an authorised officer otherwise than at an office of the Department or an office of a Department of the Government of a State or Territory.

plants means plants to which the Grain, Plants and Plant Products Orders apply.

plant products means plant products to which the Grain, Plants and Plant Products Orders apply.

processed fruits and vegetables has the same meaning as in the Export Control (Processed Fruits and Vegetables) Orders.

quarter hour includes a part of a quarter hour.

request for permit means a notice of intention to export given by an EXDOC registered user.

slaughter when used to describe a kind of animal means an animal of that kind that is intended to be slaughtered for consumption in the country to which that animal is to be exported.

unprocessed nuts means unprocessed nuts to which the Grain, Plants and Plant Products Orders apply.

weekday, in relation to a place at which services are provided, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a public holiday in that place.

(2) A reference in these Orders to specified Orders made under the Export Control (Orders) Regulations is to be read as a reference to those Orders as originally made and as amended from time to time.

PART 2 – MEAT, GAME, POULTRY AND RABBIT MEAT INSPECTION FEES

5.                       Interpretation

In this Part, registered establishment means an establishment registered under the Prescribed Goods (General) Orders 1985 for the preparation of prescribed goods under the Export Meat Orders or the Game, Poultry and Rabbit Meat Orders.

6.                       Fees when services provided on hourly basis

(1)                    When an authorised officer provides inspection services to a registered establishment on an hourly basis, the fee payable by the occupier of the establishment is the total of:

(a)                    the number of hours for which the relevant officer's services are provided, multiplied by the appropriate hourly rate specified in item 1 of Schedule 1 for the officer;

(b)                   if a shift loading is payable for some or all of the hours worked by the officer – the appropriate shift loading; and

(c)                    if overtime is payable for some or all of the hours worked by the officer – the appropriate overtime loading.

(2)                    For paragraph (1)(b) the appropriate shift loading is the amount worked out by the formula:

S x N

where:

S is the rate per quarter hour for shift loading for the officer (in accordance with Table 1 if the officer is a meat inspector or Table 2 if the officer is a veterinarian); and

N is the number of quarter hours in the time during which the services are provided.

(3) For paragraph (1)(c), the appropriate overtime loading is the amount worked out by the formula:

O x N

where:

O is the rate per quarter hour for overtime loading for the officer (in accordance with Table 3 if the officer is a meat inspector or Table 4 if the officer is a veterinarian); and

N is the number of quarter hours in the time during which the services are provided.

(4) In working out the fee:

(a)                    if the time during which  the officer's services are provided is not continuous with the officer's ordinary hours of duty, the minimum amount payable for overtime loading is that for 4 hours, as set out in Table 5 or 6, as the case may be; and

(b)                    in all cases, the time is to be rounded up to the next whole quarter hour.

Table 1 - Shift loadings — meat inspectors

Table 2 - Shift loadings — veterinary officers

Table 3 - Overtime loadings — meat inspectors

Table 4 - Overtime loadings — veterinary officers

Table 5 - Minimum charges for overtime if services provided non-continuously with ordinary duty — meat inspectors

Table 6 - Minimum charges for overtime if services provided non-continuously with ordinary duty — veterinary officers

7.                       Fees when services provided on annual, four-weekly, weekly or daily basis

(1)                   When an authorised officer provides inspection services to a registered establishment on an annual, four-weekly, weekly or daily basis, the fee payable by the occupier of that establishment is the amount ascertained by applying the annual rate, four-weekly rate, weekly rate or daily rate specified in item 2 of Schedule 1 for each annual, four-weekly, weekly or daily provision, as the case may be.

(2)                   When a registered establishment that has been allocated inspection services on an annual basis gives the Secretary notice during the year concerned that services on that basis are no longer required, the amount due in respect of that year will be recalculated and charged at the four-weekly rate.

(3)                   The payment of fees under this order does not affect an occupier's liability to pay, as appropriate, other fees in respect of shift loading or overtime loading in accordance with order 6.

8.                       Shutdown

(1)                    If an occupier of a registered establishment gives 2 weeks' or more notice in writing to the Secretary that inspection services that are provided on a monthly basis are not required for a period of shutdown specified in the notice, no fee is payable for that period of shutdown and the monthly fees payable are reduced proportionately for the remainder of any month in which the shutdown occurs.

(2)                    If an occupier of a registered establishment gives less than 2 weeks' notice in writing to the Secretary that inspection services that are provided on a monthly or weekly basis are not required for a period of shutdown specified in the notice, the occupier must pay proportionately the relevant fee for the first week of that period of shutdown.

(3)                    If an occupier of a registered establishment gives less than 2 weeks' notice in writing to the Secretary that inspection services that are provided on a daily basis are not required for a period of shutdown specified in the notice, the occupier must pay for the first day of that period of shutdown.

(4)                    This order does not apply to registered establishments that have inspection services allocated on an annual basis or on a basis which includes an allocation of services on an annual basis.

(5)                    In this order, period of shutdown means a continuous period of 14 days or more.

9.                       Industrial action by authorised officers

(1)                    If inspection services are not supplied because of industrial action by authorised officers, the fee payable is reduced proportionately for each day or part day that inspection services are not supplied.

(2)                    In this order, part day means a half day or more.

10.                   Industrial action by other workers

If inspection services that are allocated to a registered establishment cannot be used because of industrial action by workers other than authorised officers at the establishment, the occupier must continue to pay the relevant fees for inspection services for the duration of the industrial action unless the inspection services are able to be allocated to another registered establishment during that period.

11.                   Fee imposition premise

Subject to orders 8, 9 and 10, the relevant fee is payable for each provision of inspection services irrespective of:

(a)                    for annual and monthly provisions – the number of days in any month on which inspection services are supplied;

(b)                    for weekly provisions – the number of days in any week on which inspection services are supplied; or

(c)                    for daily provisions – the number of hours in any day during which the inspection services are supplied.

12.                   Insufficient notice of change to allocation

If, in relation to the allocation of annual inspection services to a registered establishment, the occupier gives less than four weeks' notice of a reduction in inspection services:

(a)                    the occupier must pay for his or her total allocation of inspection services until:

(i)                     the unwanted inspection services are allocated to another registered establishment; or

(ii)                   the period of four weeks after the giving of the notice expires;

whichever first happens; and

(b)                    the amount due in respect of services provided during that year will be recalculated and charged at the four-weekly rate.

13.                   Insufficient notice of termination of additional inspection services

If, in relation to the allocation of additional inspection services to a registered establishment, the occupier gives less than 2 weeks' notice of the termination or any or all of those services, the occupier must pay for those services until:

(a)                    they are allocated to another registered establishment; or

(b)                    the period of notice expires;

whichever first happens.

PART 3 – INSPECTION FEES FOR GRAINS, HORTICULTURE PRODUCTS, MUNG BEANS, PLANTS AND PLANT PRODUCTS

14.                   Application

This Part imposes fees for inspection services in respect of the export of grains (whether prescribed grains or not), horticulture products, mung beans, plants or plant products.

15.                   Fee rates

The fee payable by reference to a fee rate specified in order 16, 17 or 18 means the amount ascertained in accordance with Part A of Schedule 2 in relation to that fee rate.

16.                   Fees for overtime

(1)          When, at the request of a person, the services of an authorised officer are made available for the purposes of the Act or any orders made under the regulations and the officer is entitled to overtime, the person to whom the services are made available must pay:

(a)                    if the officer is entitled to single time rate - fee rate A;

(b)                    if the officer is entitled to time and a half rate - fee rate B;

(c)                    if the officer is entitled to double time rate - fee rate C;

(d)                    if the officer is entitled to double time and a half rate - fee rate D.

(2) This order applies in relation to the services of an authorised officer other than services of the kind referred to in order 17.

17.                   Fees for shift work

When, at the request of a person, the services of an authorised officer are made available for the purposes of the Act or any orders made under the regulations and the officer performs shiftwork, the person to whom the services are made available must pay:

(a)                    in respect of services rendered on a weekday - fee rate E;

(b)                    in respect of services rendered on a Saturday - fee rate F;

(c)                    in respect of services rendered on a Sunday - fee rate G; or

(d)                    in respect of services rendered at a place on a day which is a public holiday at that place - fee rate H for ordinary hours of duty and thereafter fee rate I.

18.                   Fees for overtime performed after shift work

When the services of an authorised officer are rendered in respect of a period of overtime adjoining a period of shiftwork, the applicable fee rate specified in order 16 applies in respect of that period of overtime.

19.                   Fees for services away from ordinary place of work

When, at the request of a person, the services of an authorised officer are made available at a place that is away from the officer's ordinary place of work and it is necessary for the officer to stay overnight, the person to whom the services are made available must pay the additional fee specified Part B of Schedule 2 for each night of the stay.

20.                   Fees for particular services

(1) When, at the request of a person, the services of an authorised officer are made available for a particular purpose, the person to whom the services are made available must pay the fee, if any, specified in the item in Schedule 3 that relates to those services.

(2)                    The payment of fees under this order does not affect a person's liability to pay, as appropriate, other fees in accordance with orders 16 to 19 inclusive.

21.                   Travel

(1)                   The period in respect of which a fee imposed by order 16 or 18 is charged includes the time reasonably taken by the authorised officer in travelling to and returning from the place where the officer's attendance is required.

(2)                   When an authorised officer performs inspection services for horticulture products, the fee payable for the distance travelled by the authorised officer in going from the officer's ordinary place of work to, and returning from, the place where the officer's services are provided is 50 cents per kilometre.

PART 4 – INSPECTION FEES FOR LIVE ANIMALS AND ANIMAL REPRODUCTIVE MATERIAL

22.                   Application

This Part imposes fees for inspection services in respect of the export of live animals or animal reproductive material.

23.                   Fees for particular services

When, at the request of a person, services are made available for a particular purpose related to the export of live animals or animal reproductive material, the person to whom the services are made available must pay the fee, if any, specified in the item in Schedule 4 that relates to those services.

24.                   Travel

(1)                    Subject to suborder (3), when an authorised officer performs services in respect of exports of live animals or animal reproductive material, the fee payable for the time reasonably taken by the officer in travelling from the officer's ordinary place of work to, and returning from, the place where the services are provided is $56.70 per half hour.

(2)                    If it is necessary for an officer referred to in suborder (1) to stay overnight, the fee payable for each night of the stay is $132.

(3)                    Subject to suborders (4) and (5), the fee mentioned in the relevant item of Table 7 applies when an officer referred to in suborder (1) travels to and from the place mentioned in that item.

Table 7 – Travel for certain services in relation to exports of live animals

or animal reproductive material

(4)                    A fee mentioned in Table 7 is only payable if the Commonwealth pays the costs of the travel.

(5)                    If the costs incurred by the Commonwealth are less than the relevant fee mentioned in Table 7, the fee is taken to be the amount of the costs incurred.

PART 5 - EXPORT DOCUMENTATION FEES

25.                   Various documentation fees

The fee payable for the issue of a document in relation to the export of:

(a)                    meat or game, poultry or rabbit meat products;

(b)                    fish or fish products;

(c)                    dairy products;

(d)                    horticulture products;

(e)                    grains;

(f)                     eggs;

(g)                    processed fruit or vegetables;

(h)                    mung beans, grains other than prescribed grains, plants or plant products;

is the amount specified in the relevant item of Schedule 5.

26.                   Documentation fees for building plans

(1)                    The fee payable for examination and approval of building plans for new establishments or alterations to existing establishments is $88 per hour, plus travel costs.

(2)                    This order does not apply in relation to establishments for the preparation of grains, horticulture products, mung beans, plants or plant products.

27.                   Supervision of shipping marks

(1)                    The fee payable for the services of an authorised officer in providing appropriate supervision for the application of shipping marks to goods is $82.00 per hour.

(2)                    In addition to the fee imposed by suborder (1), the person requesting the service must pay the reasonable travelling and accommodation expenses of the authorised officer providing the service.

(3)                    This order does not apply in relation to grains, horticulture products, mung beans, plants or plant products.

28.                   Documentation fees for organic produce certification

(1)                    For the purposes of the Export Control (Organic Produce Certification) Orders:

(a)                    an approved certifying organisation must pay an annual service charge of $2,001 per year, payable quarterly; and

(b)                    a person receiving an auditing service, including an in-office auditing service, must pay a charge of $350 per hour.

(2)                    Despite paragraph (1)(a), the annual service charge payable by an approved certifying organisation for the financial year ending 30 June 2002 is the sum of:

(a)                    eight-twelfths of the fee payable under that paragraph; and

(b)                    four-twelfths of the fee payable under order 13C.2 of the Export Control (Fees) Orders 1986, as amended.

29.                   Annual fee for EXDOC registered user exporting fish

(1)                    The fee payable for the services of an authorised officer in relation to the interaction with EXDOC by an EXDOC registered user who has, at the time of application to interact with EXDOC, nominated fish as the only kind of goods to be exported using EXDOC is $150 for each year or part of a year during which the user interacts with EXDOC.

(2)                    In this order:

year means:

(a)                    the period of 12 months commencing on the day when the user applies to interact with EXDOC; and

(b)                    each consecutive period of 12 months.

30.                   Fee for EXDOC use by non-registered user – horticulture products

(1)                    This order applies to an exporter of horticulture products who is not an EXDOC registered user.

(2)                    The fee payable for the services of an authorised officer in relation to the exporter's interaction with EXDOC is $50 for each request for an export permit that the exporter makes using EXDOC.

31.                   By whom fees payable

(1)                    The fee under order 25 is payable by the person to whom the document concerned is issued.

(2)                    The fee under order 26 is payable by the occupier of the establishment in respect of which the application is made.

(3)                    The fee under order 27 is payable by the person who requests the services.

(4)                    The fee under paragraph 28(1)(a) is payable by the approved certifying organisation.

(5)                    The fee under paragraph 28(1)(b) is payable by the person receiving the auditing service.

PART 6 - CHEMICAL COMPOUNDS APPROVAL FEES

32.                   Chemical compounds approval fees

The fee payable for the assessment of an application for the approval of a chemical compound for use at a registered establishment in accordance with order 126 of the Prescribed Goods (General) Orders 1985 is:

(a)                    in the case of the initial application - $185 per compound; or

(b)                    if further information is required under suborder 126.6 of the Prescribed Goods (General) Orders 1985 - $50 per compound for each time information is provided pursuant to a request by the Secretary.

33.                   By whom fees payable

The fee under order 32 is payable by the person who makes the application under order 126 of the Prescribed Goods (General) Orders 1985.

PART 7 – SERVICE FEE FOR HORTICULTURE PRODUCTS

34.                   Service fee for horticulture products

(1)                    The service fee payable for authorised officers carrying out export‑related activities for horticulture products is the amount calculated in accordance with Table 8 for the kind of consignment described in the table.

Table 8 – Horticulture products

(2) In suborder (1), export-related activities means activities that support the export process and the integrity of AQIS certification, including the following:

(a)                    developing, implementing and maintaining systems that enable AQIS to issue export permits and certificates;

(b)                    collecting information required to assess applications;

(c)                    corresponding and negotiating with foreign countries about market access requirements;

(d)                    making information about foreign country market access requirements available to exporters;

(e)                    facilitating market access through input into industry and bilateral meetings.

35.                   By whom fees payable

The fee under order 34 is payable by the exporter to whom the export permit is granted under the Prescribed Goods (General) Orders 1985.

PART 8 – FEES FOR THIRD PARTY CERTIFYING BODIES AND AUDITORS – EXPORT CONTROL (PROCESSED FOOD) ORDERS

36.                   Definitions

In this Part:

accredited third party certifying body has the meaning given by subclause 30C.1 of Schedule 8 to the Export Control (Processed Food) Orders.

approved auditor has the meaning given by subclause 30C.1 of Schedule 8 to the Export Control (Processed Food) Orders.

37.                   Fee for accrediting third party certifying bodies

The fee payable for the services of an authorised officer in relation to an application for accreditation of a third party certifying body as an accredited third party certifying body is $2,000.

38.                   Fee for approving auditors

The fee payable for the services of an authorised officer in relation to an application for approval of a person as an approved auditor is $400.

39.                   Fees for auditing third party certifying bodies

The fee payable for the services of an authorised officer in auditing the operations of an accredited third party certifying body is:

(a)                    $70 for the first half hour; and

(b)                    $30 for each subsequent quarter hour.

40.                   By whom fees payable

(1)                    The fee under order 37 is payable by the third party certifying body who applies for the accreditation.

(2)                    The fee under order 38 is payable by the person who applies for the approval.

(3)                    The fee under order 39 is payable by the accredited third party certifying body being audited.

PART 9 - COLLECTION OF FEES

41.                   Due date for payment of inspection fees

(1) Fees become due for payment:

(a)                    if the fee is determined before the provision of the service - on demand by an authorised officer; or

(b)                    in any other case - at any time from the date that an invoice is issued by AQIS and before the due date shown on that invoice.

(2)                    The Secretary may, in a particular case:

(a)                    extend the time for payment of an unpaid fee or late penalty fee; or

(b)                    allow an unpaid fee or late penalty payment to be paid by instalments.

42.                   Due date for payment of annual inspection fees

Despite order 41, an annual inspection fee is payable in monthly instalments with each instalment due on the date shown on the invoice issued by AQIS.

43.                   Due date for payment of fees under Part 7

(1)                    Despite order 41, a fee mentioned in Part 7 must be paid:

(a)                    after an invoice for the fee is issued by AQIS; and

(b)                    on or before the date required by the invoice.

(2)                    However, the Secretary may, in a particular case:

(a)                    extend the time for payment of an unpaid fee or any penalty fee for late payment; or

(b)                    allow an unpaid fee or any penalty fee for late payment to be paid by instalments.

44.                   Due date for payment of documentation fees

(1)                    Subject to this order, a fee imposed under Part 5 must be paid not later than the due date shown on the invoice issued by AQIS.

(2)                    A fee imposed for the issue of a document in relation to the export of horticulture products must be paid when the document is issued.  However, the Secretary may, in a particular case:

(a)                    extend the time for payment of the fee; or

(b)                    allow the fee to be paid by instalments.

(3)                    A fee imposed by paragraph 28(1)(b) must be paid immediately following completion of the provision of the auditing service.

45.                   Withdrawal of inspection services

If fees payable for inspection services or penalty fees remain unpaid 14 days after the due date for payment, the Secretary may, after giving the person liable to pay them 14 days' notice that inspection services may be withdrawn, withdraw those services.

46.                   Due date for payment of fees under Part 8

(1)                    A fee imposed by order 37 or 38 must be paid at the time of making the application.

(2) A fee imposed by order 39 must be paid not later than the due date shown on the invoice issued for the fee by AQIS.

47.                   Penalty fees

(1)                    If fees payable for inspection services remain unpaid after the time when the payment is due, a penalty fee calculated at the rate of 20% per year on the amount unpaid is payable by the person by whom the fee is payable.

(2)                    For suborder (1), fees payable for inspection services include, but are not limited to, fees payable under Part 8.

48.                   Recovery of fees

An amount payable by a person under these Orders may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.

49.                   Remission of fees

The Secretary may, in a particular case, for a reason the Secretary thinks sufficient, remit the whole or a part of an amount of a fee or penalty fee payable under these Orders.

PART 10 - MISCELLANEOUS

50.                   Additional fees for services provided away from ordinary place of work – fish or fish products

When:

(a)                    at the request of a person, the services of any authorised officer are made available to provide inspection services in respect of the export of fish or fish products;

(b)                    the services are performed at a place that is away from the officer's ordinary place of work; and

(c)                    it is necessary for the officer to stay overnight;

the person to whom the services are made available must pay, in addition to any other fee, a fee of $100 for each night of the stay.

51.                   Fees not to apply

The fees payable pursuant to these Orders do not apply to a shipment of animals exported from Australia by an organisation approved by the Secretary that provides aid or assistance in a foreign country.

52.                   Replacement certificates

Despite any other provision of these Orders, a fee is not payable for a replacement certificate if the request for the replacement certificate is made because of the absence of a Departmental seal, official mark or officer's signature or if the Secretary, for a reason that the Secretary thinks sufficient, waives the fee.

53.                   Review of decisions

Part 20 of the Prescribed Goods (General) Orders 1985 applies to decisions made by the Secretary under these Orders.

SCHEDULE 1

MEAT, GAME, POULTRY AND RABBIT MEAT INSPECTION RATES

(orders 6 and 7)

SCHEDULE 2

INSPECTION FEES FOR GRAINS, HORTICULTURE PRODUCTS, MUNG BEANS, PLANTS AND PLANT PRODUCTS

(orders 16-19)

PART A – OVERTIME AND SHIFTWORK

SCHEDULE 3

FEES FOR PARTICULAR SERVICES

(order 20)

SCHEDULE 4

FEES FOR LIVE ANIMALS AND ANIMAL REPRODUCTIVE MATERIAL

(order 23)

SCHEDULE 5

EXPORT DOCUMENTATION FEES

(order 25)