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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
Imported Food Charges (Collection) Bill
2015
No. , 2015
(Agriculture)
A Bill for an Act to provide for the collection of
imported food charges, and for related purposes
No. , 2015
Imported Food 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 imported food charges
5
7
Simplified outline of this Part ............................................................ 5
8
Paying imported food charges ........................................................... 5
9
Commonwealth liable to pay imported food charges and late
payment fees ...................................................................................... 5
Part 3--Unpaid imported food charges
7
10
Simplified outline of this Part ............................................................ 7
11
Late payment fee ................................................................................ 7
12
Action by the Secretary if imported food charges or late
payment fees are unpaid .................................................................... 7
13
Recovery of imported food charges and late payment fees ............... 9
Part 4--Miscellaneous
10
14
Simplified outline of this Part .......................................................... 10
15
Remitting or refunding imported food 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
imported food 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 ...................................................................................... 14
No. , 2015
Imported Food Charges (Collection) Bill 2015
1
A Bill for an Act to provide for the collection of
1
imported food 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 Imported Food Charges (Collection)
7
Act 2015.
8
Part 1 Preliminary
Section 2
2
Imported Food 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 imported food charges.
14
Part 2 deals with the payment of imported food charges. The
15
regulations may prescribe the time when imported food charges are
16
due and payable. The regulations may also prescribe rules relating
17
to the liability of agents to pay imported food charges and the
18
recovery of such charges.
19
Part 3 deals with unpaid imported food charges. A late payment fee
20
may be payable if an imported food charge is not paid on time. If a
21
person does not pay an imported food charge or late payment fee,
22
the Secretary may do either or both of the following:
23
(a)
suspend or revoke one or more imported food control
24
instruments of the person;
25
(b)
direct that certain things not be done in relation to the
26
person until the charge or fee is paid.
27
Preliminary Part 1
Section 4
No. , 2015
Imported Food Charges (Collection) Bill 2015
3
Part 4 deals with a number of miscellaneous matters, including the
1
remission or refund of imported food charges and late payment
2
fees and the review of decisions to suspend or revoke an imported
3
food control 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
This Act does not extend to the Territory of Christmas Island or the
8
Territory of Cocos (Keeling) Islands unless the Imported Food
9
Control Act 1992 extends to that Territory.
10
6 Definitions
11
(1) In this Act:
12
Finance Minister means the Minister administering the Public
13
Governance, Performance and Accountability Act 2013.
14
imported food charge means a charge imposed under:
15
(a) section 6 of the Imported Food Charges (Imposition--
16
Customs) Act 2015; or
17
(b) section 6 of the Imported Food Charges (Imposition--Excise)
18
Act 2015; or
19
(c) section 6 of the Imported Food Charges (Imposition--
20
General) Act 2015.
21
imported food control instrument of a person means:
22
(a) a food control certificate given to the person; or
23
(b) an approval under subsection 19(1A) of the Imported Food
24
Control Act 1992 of an overseas food processing operation
25
conducted by the person; or
26
(c) a determination under subsection 19(2) of that Act that
27
relates to an overseas food processing operation conducted
28
by the person; or
29
(d) a compliance agreement to which the person is a party; or
30
Part 1 Preliminary
Section 6
4
Imported Food Charges (Collection) Bill 2015
No. , 2015
(e) an approval (however described) given to the person under
1
that Act that is prescribed by the regulations.
2
internal reviewer means the Secretary or a person referred to in
3
paragraph 17(3)(b).
4
late payment fee: see subsection 11(1).
5
protected person means:
6
(a) the Secretary; or
7
(b) a person given a direction under subsection 12(5); or
8
(c) a person who is given information or documents in
9
accordance with a notice given under subsection 16(1); or
10
(d) a delegate of the Secretary under section 21.
11
(2) An expression used in this Act that is also used in the Imported
12
Food Control Act 1992 has the same meaning in this Act as it has
13
in that Act.
14
Paying imported food charges Part 2
Section 7
No. , 2015
Imported Food Charges (Collection) Bill 2015
5
Part 2--Paying imported food charges
1
2
7 Simplified outline of this Part
3
This Part deals with the payment of imported food charges. The
4
regulations may prescribe the time when imported food charges are
5
due and payable. The regulations may also prescribe rules relating
6
to the liability of agents to pay imported food charges and the
7
recovery of such charges.
8
8 Paying imported food charges
9
The regulations may do either or both of the following:
10
(a) prescribe the time when a specified imported food charge is
11
due and payable;
12
(b) prescribe rules relating to:
13
(i) the liability of a person's agent to pay imported food
14
charges on 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 imported food charges and late
18
payment fees
19
(1) The Commonwealth is not liable to pay an imported food charge or
20
late payment fee that is payable under this Act or the regulations.
21
However, it is the Parliament's intention that the Commonwealth
22
should be notionally liable to pay such a charge or fee.
23
(2) The Finance Minister may give such written directions as are
24
necessary or convenient for carrying out or giving effect to
25
subsection (1) and, in particular, may give directions in relation to
26
the transfer of money within an account, or between accounts,
27
operated by the Commonwealth.
28
Part 2 Paying imported food charges
Section 9
6
Imported Food Charges (Collection) Bill 2015
No. , 2015
(3) Directions under subsection (2) have effect, and must be complied
1
with, despite any other Commonwealth law.
2
(4) Directions under subsection (2) are not legislative instruments.
3
(5) In subsections (1) and (2):
4
Commonwealth includes a Commonwealth entity (within the
5
meaning of the Public Governance, Performance and
6
Accountability Act 2013) that cannot be made liable to taxation by
7
a Commonwealth law.
8
Unpaid imported food charges Part 3
Section 10
No. , 2015
Imported Food Charges (Collection) Bill 2015
7
Part 3--Unpaid imported food charges
1
2
10 Simplified outline of this Part
3
This Part deals with unpaid imported food charges. A late payment
4
fee may be payable if an imported food charge is not paid on time.
5
If a person does not pay an imported food charge or late payment
6
fee, the Secretary may do either or both of the following:
7
(a)
suspend or revoke one or more imported food 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 imported food charge
13
is due and payable, the regulations may also prescribe a fee (a late
14
payment fee) that is due and payable if the imported food charge is
15
not 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 imported food charge remains
18
unpaid 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 imported food
21
charge.
22
12 Action by the Secretary if imported food charges or late payment
23
fees are unpaid
24
(1) This section applies in relation to a person (the debtor) who is
25
liable to pay an imported food charge or late payment fee that is
26
due and payable.
27
Part 3 Unpaid imported food charges
Section 12
8
Imported Food Charges (Collection) Bill 2015
No. , 2015
Suspension or revocation of imported food control instruments
1
(2) The Secretary may, by written notice given to the debtor:
2
(a) suspend one or more imported food control instruments of
3
the debtor until the imported food charge or late payment fee
4
is paid; or
5
(b) revoke one or more imported food control instruments of the
6
debtor.
7
(3) The notice given under subsection (2) must set out the reasons for
8
the decision and notice of the debtor's right to have the decision
9
reviewed. However, a failure to comply with this subsection does
10
not affect the validity of the decision.
11
Note:
For review of the decision, see sections 17 and 19.
12
(4) Subsection (2) does not limit any other power to suspend or revoke
13
an imported food control instrument of the debtor.
14
Directions by Secretary
15
(5) The Secretary may, orally or in writing, direct a person not to do
16
one or more of the following until the imported food charge or late
17
payment fee is paid:
18
(a) give a food control certificate to the debtor;
19
(b) issue an imported food inspection advice to the debtor;
20
(c) approve under subsection 19(1A) of the Imported Food
21
Control Act 1992 an overseas food processing operation
22
conducted by the debtor;
23
(d) make a determination under subsection 19(2) of that Act that
24
relates to an overseas food processing operation conducted
25
by the debtor;
26
(e) enter into a compliance agreement with the debtor;
27
(f) carry out specified activities, or specified kinds of activities,
28
in relation to the debtor under that Act.
29
(6) If a direction under subsection (5) is given in writing, the direction
30
is not a legislative instrument.
31
Unpaid imported food charges Part 3
Section 13
No. , 2015
Imported Food Charges (Collection) Bill 2015
9
13 Recovery of imported food charges and late payment fees
1
An imported food charge or a late payment fee that is due and
2
payable to the Commonwealth under this Act may be recovered as
3
a debt due to the Commonwealth by action in a court of competent
4
jurisdiction.
5
Part 4 Miscellaneous
Section 14
10
Imported Food 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 imported food charges and late payment
5
fees and the review of decisions to suspend or revoke an imported
6
food control instrument of a person.
7
15 Remitting or refunding imported food charges and late payment
8
fees
9
(1) The Secretary may, if the Secretary considers it appropriate to do
10
so, remit or refund the whole or part of an imported food charge or
11
a late payment fee that is payable, or has been paid, to the
12
Commonwealth.
13
(2) The Secretary may do so on his or her own initiative or on written
14
application by a person.
15
16 Power to require information or documents
16
(1) If the Secretary believes on reasonable grounds that a person has
17
information or documents relevant to:
18
(a) the operation of this Act; or
19
(b) an imported food charge;
20
the Secretary may, by written notice, require the person to give a
21
person specified in the notice the information or documents
22
specified in the notice within the period specified in the notice.
23
(2) The period specified in the notice must be at least 14 days after the
24
notice is given under subsection (1).
25
(3) A person commits an offence if:
26
(a) the person is given a notice under subsection (1); and
27
(b) the person fails to comply with the notice.
28
Miscellaneous Part 4
Section 17
No. , 2015
Imported Food Charges (Collection) Bill 2015
11
Penalty: 30 penalty units.
1
17 Internal review of delegate's decision to suspend or revoke
2
imported food control instruments
3
Application for review
4
(1) If a delegate of the Secretary suspends or revokes an imported food
5
control instrument of a person under subsection 12(2), the person
6
may apply to the Secretary for review of the decision (the original
7
decision).
8
Note:
For review of a decision made personally by the Secretary, see
9
section 19.
10
(2) The application must:
11
(a) be in writing; and
12
(b) set out the reasons for the application; and
13
(c) be made within:
14
(i) 30 days after the person was notified of the original
15
decision; or
16
(ii) if the Secretary allows a longer period (whether before
17
or after the end of that 30 day period)--that longer
18
period.
19
Review of decision
20
(3) On receiving the application, the Secretary must either:
21
(a) review the original decision personally; or
22
(b) cause the original decision to be reviewed by a person:
23
(i) who was not involved in making the decision; and
24
(ii) who occupies a position senior to the delegate who
25
made the decision.
26
(4) The internal reviewer may:
27
(a) affirm, vary or set aside the original decision; and
28
(b) if the internal reviewer sets aside the original decision--
29
make such other decision as he or she thinks appropriate.
30
Part 4 Miscellaneous
Section 18
12
Imported Food Charges (Collection) Bill 2015
No. , 2015
(5) The decision (the decision on review) of the internal review takes
1
effect:
2
(a) on the day specified in the decision on review; or
3
(b) if a day is not specified--on the day the decision on review
4
was made.
5
Notice of decision on review
6
(6) After a decision on review is made, the internal reviewer must give
7
the applicant a written notice containing:
8
(a) the terms of the decision; and
9
(b) the reasons for the decision; and
10
(c) notice of the applicant's right to have the decision reviewed
11
by the Administrative Appeals Tribunal.
12
However, a failure to comply with this subsection does not affect
13
the validity of the decision on review.
14
Failure to give notice
15
(7) For the purposes of section 19, the Secretary is taken to have
16
affirmed the original decision if the applicant does not receive
17
notice of the decision on review (if any) within 90 days after the
18
application for review of the original decision was made.
19
18 Secretary may require further information from review
20
applicants
21
(1) The Secretary may, by written notice, require a person who has
22
made an application under section 17 to give the Secretary further
23
information about the application.
24
(2) The Secretary may refuse to consider the application until the
25
person gives the Secretary the information.
26
19 Review by the Administrative Appeals Tribunal
27
(1) Applications may be made to the Administrative Appeals Tribunal
28
for review of:
29
Miscellaneous Part 4
Section 20
No. , 2015
Imported Food Charges (Collection) Bill 2015
13
(a) a decision to suspend or revoke an imported food control
1
instrument of a person under subsection 12(2) that was made
2
by the Secretary personally; or
3
(b) a decision of the internal reviewer made under section 17 that
4
relates to a decision to suspend or revoke an imported food
5
control instrument of a person under subsection 12(2).
6
(2) An application under subsection (1) may be made only by, or on
7
behalf of, the person referred to in paragraph (1)(a) or (b).
8
(3) Subsection (2) has effect despite subsection 27(1) of the
9
Administrative Appeals Tribunal Act 1975.
10
20 Protection from civil proceedings
11
No civil proceeding lies against the Commonwealth or a protected
12
person in relation to anything done, or omitted to be done, in good
13
faith:
14
(a) by a protected person in the performance or purported
15
performance of a function, or the exercise or purported
16
exercise of a power, conferred by this Act; or
17
(b) by a person in providing, or purporting to provide, assistance,
18
information or a document to a protected person, as a result
19
of a request, direction or other requirement made by a
20
protected person in the performance or purported
21
performance of a function, or the exercise or purported
22
exercise of a power, conferred by this Act.
23
21 Delegations by Secretary
24
(1) The Secretary may, in writing, delegate to an SES employee, or
25
acting SES employee, in the Department all or any of the
26
Secretary's powers or functions under this Act.
27
Note:
The expressions SES employee and acting SES employee are defined
28
in the Acts Interpretation Act 1901.
29
(2) In exercising powers or functions delegated under subsection (1),
30
the delegate must comply with any directions of the Secretary.
31
Part 4 Miscellaneous
Section 22
14
Imported Food Charges (Collection) Bill 2015
No. , 2015
22 Regulations
1
The Governor-General may make regulations prescribing matters:
2
(a) required or permitted by this Act to be prescribed; or
3
(b) necessary or convenient to be prescribed for carrying out or
4
giving effect to this Act.
5