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Commonwealth legislation
This instrument sets the fees exporters must pay for government services tied to exporting agricultural and food products—inspections, audits, assessments and export documents—covering livestock, meat, dairy, fish, eggs, plants and organic goods. It also sets payment rules (when fees are due, late‑payment interest and agent liability) and includes scheduled fee increases, selective higher charges for paper or after‑hours work, exemptions for certain aid, assistance animals and research labs, and territory extensions.
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Direct links to the current provisions in Export Control (Fees and Payments) Rules 2021.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Export Control (Fees and Payments) Rules 2021.
This instrument is made under the Export Control Act 2020.
(1) For the purposes of subsection 8(2) of the Act, this instrument extends to: (a) Norfolk Island; and (b) the exclusive economic zone adjacent to Norfolk Island; and (c) the area that is on or in the continental shelf adjacent to Norfolk Island and is not within the exclusive economic zone adjacent to Norfolk Island.
Note: The Export Control Act 2020 and the Export Control (Plants and Plant Products) Rules 2021 extend to Norfolk Island and the areas referred to in paragraphs (b) and (c) of this subsection (see section 1‑4 of the Export Control (Plants and Plant Products) Rules 2021).
(2) For the purposes of subsection 8(2) of the Act, this instrument extends to: (a) the Territory of Heard Island and McDonald Islands; and (b) the exclusive economic zone adjacent to that Territory; and (c) the area that is on or in the continental shelf adjacent to that Territory and is not within the exclusive economic zone adjacent to that Territory.
Note: The Export Control Act 2020 and the Export Control (Fish and Fish Products) Rules 2021 extend to the Territory of Heard Island and McDonald Islands and the areas referred to in paragraphs (b) and (c) of this subsection (see section 1‑4 of the Export Control (Fish and Fish Products) Rules 2021).
General
This instrument prescribes matters relating to cost recovery for the purposes of Part 4 of Chapter 11 of the Export Control Act 2020 (the Act).
Part 2 of this instrument prescribes fees that may be charged in relation to specified fee‑bearing activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Act.
Part 3 of this instrument prescribes certain matters relating to the payment of specified cost‑recovery charges. A cost‑recovery charge is:
(a) a fee prescribed by Part 2 of this instrument; or
(b) a charge imposed by the Export Charges (Imposition—Customs) Act 2015, the Export Charges (Imposition—Excise) Act 2015 or the Export Charges (Imposition—General) Act 2015; or
(c) a late payment fee relating to a fee or a charge described in paragraph (a) or (b).
A cost‑recovery charge is due and payable when a demand for payment of the charge is made.
A cost‑recovery charge is payable by the person, or persons, prescribed by section 3‑2 of this instrument.
An agent of a person liable to pay a cost‑recovery charge is jointly and severally liable with that person to pay the charge and the agent may recover an amount equivalent to the charge from the person as a debt due to the agent.
If a basic charge is not paid at or before the time the basic charge is due and payable, a late payment fee is imposed in addition to the basic charge.
Extension to Norfolk Island and Territory of Heard Island and McDonald Islands
This instrument extends to Norfolk Island and the Territory of Heard Island and McDonald Islands and certain areas adjacent to those Territories.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) animal reproductive material;
(b) approved export program;
(c) Commonwealth authorised officer;
(d) cost‑recovery charge;
(e) export operations;
(f) fee‑bearing activities;
(g) government certificate;
(h) late payment fee;
(i) registered establishment;
(j) State or Territory authorised officer;
(k) tariff rate quota certificate;
(l) third party authorised officer.
In this instrument:
Act means the Export Control Act 2020, and includes:
(a) legislative instruments made under the Export Control Act 2020; and
(b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.
Animals Rules means the Export Control (Animals) Rules 2021.
assessment means an assessment of goods under Part 2 of Chapter 9 of the Act.
audit means an audit under Part 1 of Chapter 9 of the Act.
basic charge means:
(a) a fee prescribed by a provision in Part 2 of this instrument; or
(b) a charge imposed by:
(i) the Export Charges (Imposition—Customs) Act 2015; or
(ii) the Export Charges (Imposition—Excise) Act 2015; or
(iii) the Export Charges (Imposition—General) Act 2015.
Note: See also the Export Charges (Imposition—Customs) Regulations 2021 and the Export Charges (Imposition—General) Regulations 2021.
departmental holiday, in relation to a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is observed as a public holiday in the place where the fee‑bearing activity is carried out.
ESCAS has the meaning given by the Animals Rules.
export document means a government certificate, an export permit, a tariff rate quota certificate, or any other document that is issued or certified under the Act or under an instrument made under the Act in relation to the export of goods, but does not include:
(a) an export licence; or
(b) an approved ESCAS within the meaning of the Animals Rules; or
(c) a pre‑export approval within the meaning of the Animals Rules; or
(d) an instrument of exemption given under subsection 56(1) of the Act.
horticultural products has the meaning given by the Export Control (Plants and Plant Products) Rules 2021.
meat inspection position means a meat inspection position within the meaning of any of the following:
(a) the Export Control (Meat and Meat Products) Rules 2021;
(b) the Export Control (Poultry Meat and Poultry Meat Products) Rules 2021;
(c) the Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021;
(d) the Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021.
meat inspection service means a meat inspection service within the meaning of any of the following:
(a) the Export Control (Meat and Meat Products) Rules 2021;
(b) the Export Control (Poultry Meat and Poultry Meat Products) Rules 2021;
(c) the Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021;
(d) the Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021.
month means a calendar month.
occupier, of a registered establishment, has the meaning given by subsection 19(1) of the Act.
ordinary hours of duty means the period that begins at 6.30 am and ends at 6.30 pm on a weekday.
prescribed animal reproductive material has the meaning given by the Animals Rules.
prescribed egg products has the meaning given by the Export Control (Eggs and Egg Products) Rules 2021.
prescribed eggs has the meaning given by the Export Control (Eggs and Egg Products) Rules 2021.
prescribed fish has the meaning given by the Export Control (Fish and Fish Products) Rules 2021.
prescribed fish products has the meaning given by the Export Control (Fish and Fish Products) Rules 2021.
prescribed live animals has the meaning given by the Animals Rules.
prescribed livestock has the meaning given by the Animals Rules.
prescribed meat means any of the following:
(a) prescribed meat within the meaning of the Export Control (Meat and Meat Products) Rules 2021;
(b) prescribed poultry meat within the meaning of the Export Control (Poultry Meat and Poultry Meat Products) Rules 2021;
(c) prescribed rabbit meat within the meaning of the Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021;
(d) prescribed ratite meat within the meaning of the Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021;
(e) prescribed wild game meat within the meaning of the Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021.
prescribed meat products means any of the following:
(a) prescribed meat products within the meaning of the Export Control (Meat and Meat Products) Rules 2021;
(b) prescribed poultry meat products within the meaning of the Export Control (Poultry Meat and Poultry Meat Products) Rules 2021;
(c) prescribed rabbit meat products within the meaning of the Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021;
(d) prescribed ratite meat products within the meaning of the Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021;
(e) prescribed wild game meat products within the meaning of the Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021.
prescribed milk has the meaning given by the Export Control (Milk and Milk Products) Rules 2021.
prescribed milk products has the meaning given by the Export Control (Milk and Milk Products) Rules 2021.
prescribed organic goods has the meaning given by the Export Control (Organic Goods) Rules 2021.
prescribed plant products has the meaning given by the Export Control (Plants and Plant Products) Rules 2021.
prescribed plants has the meaning given by the Export Control (Plants and Plant Products) Rules 2021.
weekday, in relation to a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a departmental holiday in the place where the activity is carried out.
(1) For the purposes of subsection 399(1) of the Act, this Part prescribes fees that may be charged in relation to specified fee‑bearing activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Act. (2) Unless the contrary intention appears, each fee prescribed by this Part in relation to a fee‑bearing activity is in addition to any other fee prescribed by this Part in relation to that fee‑bearing activity.
Note: A fee is not payable under this instrument in relation to a fee‑bearing activity in certain circumstances (see section 2‑14).
(1) Subject to subsection (2), the fee that may be charged in relation to the fee‑bearing activity specified in column 1 of an item in the following table is the amount specified in, or worked out in accordance with, column 2 of the item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Fees in relation to audits</span></p></td></tr><tr><td style="width:7.92%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:43.22%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Fee</span><span>‑</span><span>bearing activity</span></p></td><td style="width:48.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Amount</span></p></td></tr></thead><tbody><tr><td style="width:7.92%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><a id="_Hlk78804133"><span>1</span></a></p></td><td style="width:43.22%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to:</span></p><p class="Tablea"><span>(a) prescribed livestock for export; or</span></p><p class="Tablea"><span>(b) prescribed live animals for export; or</span></p><p class="Tablea"><span>(c) prescribed animal reproductive material for export</span></p></td><td style="width:48.86%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The amount is as follows:</span></p><p class="Tablea"><span>(a) for each authorised officer carrying out the activity during the financial year starting on 1</span><span> </span><span>July 2021:</span></p><p class="Tablei"><span>(i) if the Secretary requires the activity to be carried out</span><span style="font-style:italic"> </span><span>by a veterinarian—$95 for each quarter hour or part of a quarter hour; or</span></p><p class="Tablei"><span>(ii) in any other case—$59 for each quarter hour or part of a quarter hour;</span></p><p class="Tablea"><span>(b) for each authorised officer carrying out the activity during the financial year starting on 1</span><span> </span><span>July 2022:</span></p><p class="Tablei"><span>(i) if the Secretary requires the activity to be carried out</span><span style="font-style:italic"> </span><span>by a veterinarian—$101 for each quarter hour or part of a quarter hour; or</span></p><p class="Tablei"><span>(ii) in any other case—$60 for each quarter hour or part of a quarter hour;</span></p><p class="Tablea"><span>(c) for each authorised officer carrying out the activity during the financial year starting on 1</span><span> </span><span>July 2023:</span></p><p class="Tablei"><span>(i) if the Secretary requires the activity to be carried out</span><span style="font-style:italic"> </span><span>by a veterinarian—$106 for each quarter hour or part of a quarter hour; or</span></p><p class="Tablei"><span>(ii) in any other case—$62 for each quarter hour or part of a quarter hour;</span></p><p class="Tablea"><span>(d) for each authorised officer carrying out the activity during the financial year starting on 1</span><span> </span><span>July 2024 or a later financial year:</span></p><p class="Tablei"><span>(i) if the Secretary requires the activity to be carried out</span><span style="font-style:italic"> </span><span>by a veterinarian—$109 for each quarter hour or part of a quarter hour; or</span></p><p class="Tablei"><span>(ii) in any other case—$64 for each quarter hour or part of a quarter hour</span></p></td></tr><tr><td style="width:7.92%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:43.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Audit by a Commonwealth authorised officer of export operations carried out, or in relation to the performance of functions or exercise of powers under the Act, in relation to prescribed plants or prescribed plant products for export</span></p></td><td style="width:48.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><a id="_Hlk71619670"></a><a id="_Hlk78804270"><span>The amount is as follows:</span></a></p><p class="Tablea"><span>(a) for each authorised officer carrying out the activity during the financial year starting on 1</span><span> </span><span>July 2021—$35 for each quarter hour or part of a quarter hour;</span></p><p class="Tablea"><span>(b) for each authorised officer carrying out the activity during the financial year starting on 1</span><span> </
This is an opening excerpt, not the complete document.