Food Standards Australia New Zealand Regulations 1994
8APaying charges under subregulation 8(2) by instalments
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8A Paying charges under subregulation 8(2) by instalments
Which charges may be paid by instalments (1) For the purposes of subsection 146(1A) of the Act, a charge under subregulation 8(2) for any of the following applications may be paid by instalments in accordance with this regulation: (a) a general procedure level 3 application, a general procedure level 4 application or a general procedure level 5 application; (b) a major procedure application; (c) a high level health claims level 3 application, a high level health claims level 4 application or a high level health claims level 5 application. First instalment (2) The first instalment is: (a) 75% of the charge; or (b) for a major procedure application—25% of the charge.
Note: Sections 27, 28, 48, 49 and 109 of the Act deal with the timing of payment of the first instalment and the effects of not paying the instalment on time.
Second instalment (3) The second instalment is the rest of the charge. (4) The second instalment is due: (a) at the end of the submission period described in paragraph 31(2)(c) of the Act (applying of its own force or because of section 43 of the Act) relating to the application; or (b) if the application is for a high level health claims variation and the applicant has made an election under section 51 of the Act—at the end of the submission period described in paragraph 51(3)(c) of the Act; or (c) if the application is for a high level health claims variation and the applicant has not made an election under section 51 of the Act—20 business days after a notice is given to the applicant under subregulation (5) in relation to the application.
Note: If the second instalment is not paid when it is due, the consideration period for completing the procedure under Subdivision D, F or G of Division 1 of Part 3 of the Act for considering the application stops running under subsection 109(7) of the Act while the instalment remains unpaid.
(5) For the purposes of paragraph (4)(c), when the Authority considers that it is appropriate for the second instalment to be paid, given the stage that the process of dealing with the application has reached, the Authority must give the applicant written notice that the applicant must pay the second instalment.