25Regulations and orders

25 Regulations and orders

(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing 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. (2) In particular, but without limiting the generality of subsection (1), the regulations may make provision for or in relation to: (a) the imposition of fees in respect of the registration of an establishment; (aa) the remission of fees so imposed; (b) the quarantine of prescribed goods that are intended or inspected for export (including the destruction or denaturing of such prescribed goods for quarantine purposes); (c) the analysis of samples of prescribed goods, including the extent to which a certificate of analysis is to be prima facie evidence of the facts stated in that certificate in proceedings in respect of an offence against this Act; (d) the imposition of fees in connection with the performance of services by authorised officers, and the remission of fees so imposed; (daaa) the imposition of fees in connection with the performance of a service under this Act by the Secretary or a delegate of the Secretary, and the remission of fees so imposed; (daa) the imposition of penalties for the non‑payment or late payment of fees, and the remission of penalties so imposed; (da) the refusal to register an establishment, the refusal to renew the registration of an establishment, the cancellation or suspension of the registration of an establishment, or the refusal to approve or permit the assignment of the registration of an establishment, by reason of the non‑payment of: (i) an amount that is or was payable to the Commonwealth in relation to the registration of the establishment or anything done at or in connection with the establishment; or (ii) an amount that is or was payable to the Commonwealth, by way of penalty, in relation to the failure to discharge a liability to pay an amount referred to in subparagraph (i); whether the amount is or was payable by the applicant for registration or renewal or the person in whose name the establishment is registered, as the case may be, or by another person, and whether the amount became payable in connection with the export of goods or otherwise; (e) requiring persons to keep records relating to matters relevant to the operation of this Act; (f) prescribing penalties not exceeding 50 penalty units for offences against the regulations; or (g) subject to subsection (3), empowering the Minister to make orders, not inconsistent with the regulations, with respect to any matter for or in relation to which provision may be made by the regulations; (h) subject to subsection (3), empowering the Secretary to make orders, not inconsistent with: (i) the regulations; or (ii) any order of a kind mentioned in paragraph (g) made by the Minister; with respect to any matter, concerning prescribed goods that are animals, for or in relation to which provision may be made by the regulations. (3) An order shall not be made prescribing any penalty for an offence. (4) An order is a legislative instrument. (5) An order may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification: (a) any of the provisions of an Act, of any regulations or rules under an Act, or of any other order under this Act, as in force at a particular time or as in force from time to time; or (ab) any matter contained in any instrument or writing that: (i) sets out the requirements for the preparation of prescribed goods in Australia that are to be imported into a country; and (ii) is made by the authority or body in that country responsible for regulating the importation of prescribed goods into that country; as in force at a particular time or as in force from time to time; or (aba) any matter contained in any instrument or writing that: (i) sets out, or provides a method for calculating, the tariff rate quota for the importation of goods into a country; and (ii) is made by the authority or body in that country responsible for regulating the importation of goods into that country; as in force at a particular time or as in force from time to time; or (ac) for the purposes of setting out requirements for the preparation of prescribed goods in Australia that are to be imported into a country that has not made an instrument or writing setting out such requirements—any matter contained in: (i) the Australia New Zealand Food Standards Code (within the meaning of the Food Standards Australia New Zealand Act 1991); or (ii) the Codex Alimentarius issued by the body known as the Codex Alimentarius Commission of the Food and Agriculture Organization of the United Nations and the World Health Organization; as in force at a particular time or as in force from time to time; (b) any matter contained in any other instrument or writing as in force or existing at the time when the order takes effect; but an order shall not, except as provided by this subsection, make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. (8) An order shall be deemed to be an enactment for the purposes of the Administrative Appeals Tribunal Act 1975. (9) A fee imposed under regulations or an order must not be such as to amount to taxation.