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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Export Charges (Collection) Bill 2015
No. , 2015
(Agriculture)
A Bill for an Act to provide for the collection of
export charges, and for related purposes
No. , 2015
Export Charges (Collection) Bill 2015
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................. 2
4
Act binds the Crown .......................................................................... 3
5
Extension to certain external Territories ............................................ 3
6
Definitions ......................................................................................... 3
Part 2--Paying export charges
5
7
Simplified outline of this Part ............................................................ 5
8
Paying export charges ........................................................................ 5
9
Commonwealth liable to pay export charges and late
payment fees ...................................................................................... 5
Part 3--Unpaid export charges
7
10
Simplified outline of this Part ............................................................ 7
11
Late payment fee ................................................................................ 7
12
Action by the Secretary if export charges or late payment
fees are unpaid ................................................................................... 7
13
Recovery of export charges and late payment fees ............................ 9
Part 4--Miscellaneous
10
14
Simplified outline of this Part .......................................................... 10
15
Remitting or refunding export charges and late payment fees ......... 10
16
Power to require information or documents .................................... 10
17
Internal review of delegate's decision to suspend or revoke
export control instruments ............................................................... 11
18
Secretary may require further information from review
applicants ......................................................................................... 12
19
Review by the Administrative Appeals Tribunal ............................. 12
20
Protection from civil proceedings .................................................... 13
21
Delegations by Secretary ................................................................. 13
22
Regulations ...................................................................................... 13
No. , 2015
Export Charges (Collection) Bill 2015
1
A Bill for an Act to provide for the collection of
1
export charges, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the Export Charges (Collection) Act
7
2015.
8
Part 1 Preliminary
Section 2
2
Export Charges (Collection) Bill 2015
No. , 2015
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act is about the collection of export charges.
14
Part 2 deals with the payment of export charges. The regulations
15
may prescribe the time when export charges are due and payable.
16
The regulations may also prescribe rules relating to the liability of
17
agents to pay export charges and the recovery of such charges.
18
Part 3 deals with unpaid export charges. A late payment fee may be
19
payable if an export charge is not paid on time. If a person does not
20
pay an export charge or late payment fee, the Secretary may do
21
either or both of the following:
22
(a)
suspend or revoke one or more export control
23
instruments of the person;
24
(b)
direct that certain things not be done in relation to the
25
person until the charge or fee is paid.
26
Preliminary Part 1
Section 4
No. , 2015
Export Charges (Collection) Bill 2015
3
Part 4 deals with a number of miscellaneous matters, including the
1
remission or refund of export charges and late payment fees and
2
the review of decisions to suspend or revoke an export control
3
instrument of a person.
4
4 Act binds the Crown
5
This Act binds the Crown in each of its capacities.
6
5 Extension to certain external Territories
7
(1) This Act extends to the Territory of Cocos (Keeling) Islands and
8
the Territory of Christmas Island.
9
(2) The regulations may extend this Act to any other external Territory
10
that is prescribed by the regulations.
11
6 Definitions
12
In this Act:
13
export charge means a charge imposed under:
14
(a) section 7 or 11 of the Export Charges (Imposition--Customs)
15
Act 2015; or
16
(b) section 7 or 11 of the Export Charges (Imposition--Excise)
17
Act 2015; or
18
(c) section 7 or 11 of the Export Charges (Imposition--General)
19
Act 2015.
20
export control instrument of a person means:
21
(a) a licence, permission, permit, consent or approval granted to
22
the person under:
23
(i) regulations made under the Export Control Act 1982; or
24
(ii) orders made under such regulations; or
25
(b) a certificate or notice issued or given to the person under:
26
(i) regulations made under the Export Control Act 1982; or
27
(ii) orders made under such regulations; or
28
(c) a registration or accreditation held by the person under:
29
Part 1 Preliminary
Section 6
4
Export Charges (Collection) Bill 2015
No. , 2015
(i) regulations made under the Export Control Act 1982; or
1
(ii) orders made under such regulations; or
2
(d) a licence granted to the person under section 10 of the
3
Australian Meat and Live-stock Industry Act 1997; or
4
(e) an approval granted to the person under:
5
(i) Part 2 of the Australian Meat and Live-stock Industry
6
Act 1997; or
7
(ii) regulations or orders made under that Act for the
8
purposes of that Part; or
9
(f) any other thing granted to, issued to or held by the person
10
under such an Act, regulations or orders that:
11
(i) relates to the export of goods; and
12
(ii) is prescribed by the regulations.
13
Finance Minister means the Minister administering the Public
14
Governance, Performance and Accountability Act 2013.
15
internal reviewer means the Secretary or a person referred to in
16
paragraph 17(3)(b).
17
late payment fee: see subsection 11(1).
18
protected person means:
19
(a) the Secretary; or
20
(b) a person given a direction under subsection 12(5); or
21
(c) a person who is given information or documents in
22
accordance with a notice given under subsection 16(1); or
23
(d) a delegate of the Secretary under section 21.
24
Paying export charges Part 2
Section 7
No. , 2015
Export Charges (Collection) Bill 2015
5
Part 2--Paying export charges
1
2
7 Simplified outline of this Part
3
This Part deals with the payment of export charges. The
4
regulations may prescribe the time when export charges are due
5
and payable. The regulations may also prescribe rules relating to
6
the liability of agents to pay export charges and the recovery of
7
such charges.
8
8 Paying export charges
9
The regulations may do either or both of the following:
10
(a) prescribe the time when a specified export charge is due and
11
payable;
12
(b) prescribe rules relating to:
13
(i) the liability of a person's agent to pay export charges on
14
behalf of the person; and
15
(ii) the recovery of such charges from the person by the
16
agent.
17
9 Commonwealth liable to pay export charges and late payment fees
18
(1) The Commonwealth is not liable to pay an export charge or late
19
payment fee that is payable under this Act or the regulations.
20
However, it is the Parliament's intention that the Commonwealth
21
should be notionally liable to pay such a charge or fee.
22
(2) The Finance Minister may give such written directions as are
23
necessary or convenient for carrying out or giving effect to
24
subsection (1) and, in particular, may give directions in relation to
25
the transfer of money within an account, or between accounts,
26
operated by the Commonwealth.
27
(3) Directions under subsection (2) have effect, and must be complied
28
with, despite any other Commonwealth law.
29
Part 2 Paying export charges
Section 9
6
Export Charges (Collection) Bill 2015
No. , 2015
(4) Directions under subsection (2) are not legislative instruments.
1
(5) In subsections (1) and (2):
2
Commonwealth includes a Commonwealth entity (within the
3
meaning of the Public Governance, Performance and
4
Accountability Act 2013) that cannot be made liable to taxation by
5
a Commonwealth law.
6
Unpaid export charges Part 3
Section 10
No. , 2015
Export Charges (Collection) Bill 2015
7
Part 3--Unpaid export charges
1
2
10 Simplified outline of this Part
3
This Part deals with unpaid export charges. A late payment fee
4
may be payable if an export charge is not paid on time. If a person
5
does not pay an export charge or late payment fee, the Secretary
6
may do either or both of the following:
7
(a)
suspend or revoke one or more export control
8
instruments of the person;
9
(b)
direct that certain things not be done in relation to the
10
person until the charge or fee is paid.
11
11 Late payment fee
12
(1) If the regulations prescribe the time when an export charge is due
13
and payable, the regulations may also prescribe a fee (a late
14
payment fee) that is due and payable if the export charge is not
15
paid at or before that time.
16
(2) Without limiting subsection (1), a late payment fee may relate to
17
each day or part of a day that the export charge remains unpaid
18
after becoming due and payable.
19
(3) The regulations may prescribe one or more persons who are liable
20
to pay a late payment fee in relation to a specified export charge.
21
12 Action by the Secretary if export charges or late payment fees are
22
unpaid
23
(1) This section applies in relation to a person (the debtor) who is
24
liable to pay an export charge or late payment fee that is due and
25
payable.
26
Suspension or revocation of export control instruments
27
(2) The Secretary may, by written notice given to the debtor:
28
Part 3 Unpaid export charges
Section 12
8
Export Charges (Collection) Bill 2015
No. , 2015
(a) suspend one or more export control instruments of the debtor
1
until the export charge or late payment fee is paid; or
2
(b) revoke one or more export control instruments of the debtor.
3
(3) The notice given under subsection (2) must set out the reasons for
4
the decision and notice of the debtor's right to have the decision
5
reviewed. However, a failure to comply with this subsection does
6
not affect the validity of the decision.
7
Note:
For review of the decision, see sections 17 and 19.
8
(4) Subsection (2) does not limit any other power to suspend or revoke
9
an export control instrument of the debtor.
10
Directions by the Secretary
11
(5) The Secretary may, orally or in writing, direct a person not to do
12
one or more of the following until the export charge or late
13
payment fee is paid:
14
(a) grant the debtor a licence, permission, permit, consent or
15
approval under:
16
(i) regulations made under the Export Control Act 1982; or
17
(ii) orders made under such regulations;
18
(b) issue or give the debtor a certificate or notice under:
19
(i) regulations made under the Export Control Act 1982; or
20
(ii) orders made under such regulations;
21
(c) give the debtor a registration or accreditation under:
22
(i) regulations made under the Export Control Act 1982; or
23
(ii) orders made under such regulations;
24
(d) grant the debtor a licence under section 10 of the Australian
25
Meat and Live-stock Industry Act 1997;
26
(e) grant the debtor an approval under:
27
(i) Part 2 of the Australian Meat and Live-stock Industry
28
Act 1997; or
29
(ii) regulations or orders made under that Act for the
30
purposes of that Part;
31
(f) carry out specified activities, or specified kinds of activities,
32
in relation to the debtor under such an Act, regulations or
33
orders.
34
Unpaid export charges Part 3
Section 13
No. , 2015
Export Charges (Collection) Bill 2015
9
(6) If a direction under subsection (5) is given in writing, the direction
1
is not a legislative instrument.
2
13 Recovery of export charges and late payment fees
3
An export charge or a late payment fee that is due and payable to
4
the Commonwealth under this Act may be recovered as a debt due
5
to the Commonwealth by action in a court of competent
6
jurisdiction.
7
Part 4 Miscellaneous
Section 14
10
Export Charges (Collection) Bill 2015
No. , 2015
Part 4--Miscellaneous
1
2
14 Simplified outline of this Part
3
This Part deals with a number of miscellaneous matters, including
4
the remission or refund of export charges and late payment fees
5
and the review of decisions to suspend or revoke an export control
6
instrument of a person.
7
15 Remitting or refunding export charges and late payment fees
8
(1) The Secretary may, if the Secretary considers it appropriate to do
9
so, remit or refund the whole or part of an export charge or a late
10
payment fee that is payable or paid to the Commonwealth.
11
(2) The Secretary may do so on his or her own initiative or on written
12
application by a person.
13
16 Power to require information or documents
14
(1) If the Secretary believes on reasonable grounds that a person has
15
information or documents relevant to:
16
(a) the operation of this Act; or
17
(b) an export charge;
18
the Secretary may, by written notice, require the person to give a
19
person specified in the notice the information or documents
20
specified in the notice within the period specified in the notice.
21
(2) The period specified in the notice must be at least 14 days after the
22
notice is given under subsection (1).
23
(3) A person commits an offence if:
24
(a) the person is given a notice under subsection (1); and
25
(b) the person fails to comply with the notice.
26
Penalty: 30 penalty units.
27
Miscellaneous Part 4
Section 17
No. , 2015
Export Charges (Collection) Bill 2015
11
17 Internal review of delegate's decision to suspend or revoke export
1
control instruments
2
Application for review
3
(1) If a delegate of the Secretary suspends or revokes an export control
4
instrument of a person under subsection 12(2), the person may
5
apply to the Secretary for review of the decision (the original
6
decision).
7
Note:
For review of a decision made personally by the Secretary, see
8
section 19.
9
(2) The application must:
10
(a) be in writing; and
11
(b) set out the reasons for the application; and
12
(c) be made within:
13
(i) 30 days after the person was notified of the original
14
decision; or
15
(ii) if the Secretary allows a longer period (whether before
16
or after the end of that 30 day period)--that longer
17
period.
18
Review of decision
19
(3) On receiving the application, the Secretary must either:
20
(a) review the original decision personally; or
21
(b) cause the original decision to be reviewed by a person:
22
(i) who was not involved in making the decision; and
23
(ii) who occupies a position senior to the person who
24
actually made the decision.
25
(4) The internal reviewer may:
26
(a) affirm, vary or set aside the original decision; and
27
(b) if the internal reviewer sets aside the original decision--
28
make such other decision as he or she thinks appropriate.
29
(5) The decision (the decision on review) of the internal review takes
30
effect:
31
(a) on the day specified in the decision on review; or
32
Part 4 Miscellaneous
Section 18
12
Export Charges (Collection) Bill 2015
No. , 2015
(b) if a day is not specified--on the day the decision on review
1
was made.
2
Notice of decision on review
3
(6) After a decision on review is made, the internal reviewer must give
4
the applicant a written notice containing:
5
(a) the terms of the decision; and
6
(b) the reasons for the decision; and
7
(c) notice of the applicant's right to have the decision reviewed
8
by the Administrative Appeals Tribunal.
9
However, a failure to comply with this subsection does not affect
10
the validity of the decision on review.
11
Failure to give notice
12
(7) For the purposes of section 19, the Secretary is taken to have
13
affirmed the original decision if the applicant does not receive
14
notice of the decision on review (if any) within 90 days after the
15
application for review of the original decision was made.
16
18 Secretary may require further information from review
17
applicants
18
(1) The Secretary may, by written notice, require a person who has
19
made an application under section 17 to give the Secretary further
20
information about the application.
21
(2) The Secretary may refuse to consider the application until the
22
person gives the Secretary the information.
23
19 Review by the Administrative Appeals Tribunal
24
(1) Applications may be made to the Administrative Appeals Tribunal
25
for review of:
26
(a) a decision to suspend or revoke an export control instrument
27
of a person under subsection 12(2) that was made by the
28
Secretary personally; or
29
Miscellaneous Part 4
Section 20
No. , 2015
Export Charges (Collection) Bill 2015
13
(b) a decision of the internal reviewer made under section 17 that
1
relates to a decision to suspend or revoke an export control
2
instrument of a person under subsection 12(2).
3
(2) An application under subsection (1) may be made only by, or on
4
behalf of, the person referred to in paragraph (1)(a) or (b).
5
(3) Subsection (2) has effect despite subsection 27(1) of the
6
Administrative Appeals Tribunal Act 1975.
7
20 Protection from civil proceedings
8
No civil proceeding lies against the Commonwealth or a protected
9
person in relation to anything done, or omitted to be done, in good
10
faith:
11
(a) by a protected person in the performance or purported
12
performance of a function, or the exercise or purported
13
exercise of a power, conferred by this Act; or
14
(b) by a person in providing, or purporting to provide, assistance,
15
information or a document to a protected person, as a result
16
of a request, direction or other requirement made by a
17
protected person in the performance or purported
18
performance of a function, or the exercise or purported
19
exercise of a power, conferred by this Act.
20
21 Delegations by Secretary
21
(1) The Secretary may, in writing, delegate to an SES employee, or
22
acting SES employee, in the Department all or any of the
23
Secretary's powers or functions under this Act.
24
Note:
The expressions SES employee and acting SES employee are defined
25
in the Acts Interpretation Act 1901.
26
(2) In exercising powers or functions delegated under subsection (1),
27
the delegate must comply with any directions of the Secretary.
28
22 Regulations
29
The Governor-General may make regulations prescribing matters:
30
(a) required or permitted by this Act to be prescribed; or
31
Part 4 Miscellaneous
Section 22
14
Export Charges (Collection) Bill 2015
No. , 2015
(b) necessary or convenient to be prescribed for carrying out or
1
giving effect to this Act.
2