1‑5 Simplified outline of this instrumen1‑5 Simplified outline of this instrument

1‑5 Simplified outline of this instrument

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.