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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Quarantine Charges (Collection) Bill
2014
No. , 2014
(Agriculture)
A Bill for an Act to provide for the collection of
quarantine charges, and for related purposes
No. , 2014
Quarantine Charges (Collection) Bill 2014
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 external Territories ........................................................ 3
6
Extraterritorial application ................................................................. 3
7
Definitions ......................................................................................... 3
8
Meaning of Australian territory ......................................................... 4
Part 2--Paying quarantine charges
5
9
Simplified outline of this Part ............................................................ 5
10
Paying quarantine charges ................................................................. 5
11
Notional payments by the Commonwealth ........................................ 5
Part 3--Unpaid quarantine charges
6
Division 1--General
6
12
Simplified outline of this Part ............................................................ 6
13
Late payment fee ................................................................................ 6
14
Suspending or revoking permits etc. because of unpaid
quarantine charges or late payment fees ............................................ 6
15
Recovery of quarantine charges and late payment fees ..................... 7
Division 2--Dealing with goods to recover unpaid quarantine
charges or late payment fees
8
16
Creation of charge on goods .............................................................. 8
17
Effect of charge on goods .................................................................. 8
18
Quarantine officer may withhold goods that are subject to
charge ................................................................................................. 9
19
Moving or interfering with withheld goods ..................................... 10
20
When goods stop being withheld ..................................................... 11
21
Sale of withheld goods ..................................................................... 11
Division 3--Dealing with a vessel to recover unpaid quarantine
charges or late payment fees
13
22
Creation of charge on vessel ............................................................ 13
23
Effect of charge on vessel ................................................................ 13
24
Director of Quarantine may detain vessel that is subject to
charge ............................................................................................... 14
25
Moving or interfering with detained vessel ..................................... 15
ii
Quarantine Charges (Collection) Bill 2014
No. , 2014
26
Release of detained vessel ............................................................... 15
27
Sale of detained vessel ..................................................................... 16
Part 4--Power to sell goods and vessels
18
28
Simplified outline of this Part .......................................................... 18
29
Sale of goods and vessels ................................................................. 18
30
Dealing with the proceeds of sale .................................................... 18
Part 5--Abandoned and forfeited goods
20
31
Simplified outline of this Part .......................................................... 20
32
Abandoned goods ............................................................................ 20
33
Forfeited goods ................................................................................ 21
34
Abandoned vessels ........................................................................... 21
35
Forfeited vessels .............................................................................. 22
36
This Part does not affect other powers ............................................. 23
Part 6--Miscellaneous
24
37
Simplified outline of this Part .......................................................... 24
38
Remitting or refunding quarantine charges and late payment
fees ................................................................................................... 24
39
Providing sustenance for animals and plants ................................... 24
40
Hindering compliance with this Act ................................................ 25
41
Application of provisions of the Quarantine Act 1908 in
relation to quarantine charges .......................................................... 26
42
Collection and recovery of charges imposed for purposes of
validating fees under the Quarantine Act 1908................................ 29
43
General provisions relating to directions ......................................... 29
44
Compensation for acquisition of property ....................................... 30
45
Regulations ...................................................................................... 30
No. , 2014
Quarantine Charges (Collection) Bill 2014
1
A Bill for an Act to provide for the collection of
1
quarantine 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 Quarantine Charges (Collection) Act
7
2014.
8
Part 1 Preliminary
Section 2
2
Quarantine Charges (Collection) Bill 2014
No. , 2014
2 Commencement
1
This Act commences on the day after this Act receives the Royal
2
Assent.
3
3 Simplified outline of this Act
4
This Act is about collecting quarantine charges.
5
Regulations deal with when quarantine charges are due and
6
payable, and the liability of agents.
7
The Finance Minister may provide for the Commonwealth (or parts
8
of the Commonwealth) to pay quarantine charges and late payment
9
fees.
10
If quarantine charges are unpaid, late payment fees can be applied,
11
permits etc. under the Quarantine Act 1908 can be suspended or
12
revoked, other activities under that Act can be refused, and the
13
charges and any late payment fees can be recovered as debts due to
14
the Commonwealth.
15
In addition, statutory charges can be created over goods or vessels
16
subject to quarantine. These goods and vessels can be withheld by
17
quarantine officers and sold, with the proceeds applied against any
18
quarantine charges, late payment fees, or other fees under the
19
Quarantine Act 1908, that are due and payable by the owner.
20
Goods and vessels that are abandoned or otherwise not collected,
21
in circumstances where a person has become liable to pay a
22
quarantine charge or late payment fee, can be sold, destroyed or
23
otherwise disposed of.
24
Provision is also made for miscellaneous matters, including
25
remitting or refunding quarantine charges and late payment fees,
26
and the application of certain provisions of the Quarantine Act
27
1908.
28
Preliminary Part 1
Section 4
No. , 2014
Quarantine Charges (Collection) Bill 2014
3
4 Act binds the Crown
1
This Act binds the Crown in each of its capacities.
2
5 Extension to external Territories
3
(1) This Act extends to the Territory of Christmas Island and the
4
Territory of Cocos (Keeling) Islands.
5
(2) A regulation may extend this Act or any provisions of this Act to
6
any other external Territory that is prescribed by regulation.
7
6 Extraterritorial application
8
This Act extends to acts, omissions, matters and things outside the
9
Australian territory.
10
7 Definitions
11
(1) In this Act:
12
Australian territory: see section 8.
13
Finance Minister means the Minister administering the Financial
14
Management and Accountability Act 1997.
15
late payment fee: see subsection 13(1).
16
quarantine charge means a charge imposed under:
17
(a) section 7 of the Quarantine Charges (Imposition--Customs)
18
Act 2014; or
19
(b) section 6 of the Quarantine Charges (Imposition--Excise)
20
Act 2014; or
21
(c) section 7 of the Quarantine Charges (Imposition--General)
22
Act 2014.
23
vessel includes an installation, and operator of a vessel has a
24
corresponding meaning.
25
(2) Other expressions used in this Act that are defined in the
26
Quarantine Act 1908 have the same meanings as they have in that
27
Act.
28
Part 1 Preliminary
Section 8
4
Quarantine Charges (Collection) Bill 2014
No. , 2014
8 Meaning of Australian territory
1
A reference in a provision of this Act to Australian territory is a
2
reference to:
3
(a) Australia, the Territory of Christmas Island, the Territory of
4
Cocos (Keeling) Islands and any external Territory to which
5
that provision extends; and
6
(b) the airspace over an area covered by paragraph (a); and
7
(c) the coastal sea of Australia, of the Territory of Christmas
8
Island, of the Territory of Cocos (Keeling) Islands and of any
9
other external Territory to which that provision extends.
10
Note 1:
Under subsection 5(2), a regulation may extend this Act, or any
11
provisions of this Act, to external Territories.
12
Note 2:
The definition of coastal sea of Australia or an external Territory in
13
subsection 15B(4) of the Acts Interpretation Act 1901 includes the
14
airspace over Australia or the external Territory.
15
Paying quarantine charges Part 2
Section 9
No. , 2014
Quarantine Charges (Collection) Bill 2014
5
Part 2--Paying quarantine charges
1
2
9 Simplified outline of this Part
3
Regulations deal with when quarantine charges are due and
4
payable, and the liability of agents.
5
The Finance Minister may provide for the Commonwealth (or parts
6
of the Commonwealth) to pay quarantine charges and late payment
7
fees.
8
10 Paying quarantine charges
9
A regulation may do either or both of the following:
10
(a) prescribe the time when a specified quarantine charge is due
11
and payable;
12
(b) prescribe rules relating to:
13
(i) the liability of a person's agent to pay quarantine
14
charges on behalf of the person; and
15
(ii) the recovery of such charges from the person by the
16
agent.
17
11 Notional payments by the Commonwealth
18
(1) The Finance Minister may give written directions for the purpose
19
of ensuring that quarantine charges and late payment fees are
20
notionally payable by the Commonwealth (or parts of the
21
Commonwealth).
22
Note:
For notional payments and receipts, see section 6 of the Financial
23
Management and Accountability Act 1997.
24
(2) A direction given under subsection (1) is not a legislative
25
instrument.
26
Part 3 Unpaid quarantine charges
Division 1 General
Section 12
6
Quarantine Charges (Collection) Bill 2014
No. , 2014
Part 3--Unpaid quarantine charges
1
Division 1--General
2
12 Simplified outline of this Part
3
If quarantine charges are unpaid, late payment fees can be applied,
4
permits etc. under the Quarantine Act 1908 can be suspended or
5
revoked, other activities under that Act can be refused, and the
6
charges and any late payment fees can be recovered as debts due to
7
the Commonwealth.
8
In addition, statutory charges can be created over goods or vessels
9
subject to quarantine. These goods and vessels can be withheld by
10
quarantine officers and sold, with the proceeds applied against any
11
quarantine charges, late payment fees, or other fees under the
12
Quarantine Act 1908, that are due and payable by the owner.
13
13 Late payment fee
14
(1) If a regulation prescribes the time when a quarantine charge is due
15
and payable, a regulation may also prescribe a fee (a late payment
16
fee) that is due and payable if the quarantine charge is not paid at
17
or before that time.
18
(2) Without limiting subsection (1), a late payment fee may relate to
19
each day or part of a day that the quarantine charge remains unpaid
20
after becoming due and payable.
21
(3) A regulation may prescribe one or more persons who are liable to
22
pay a late payment fee in relation to a specified quarantine charge.
23
14 Suspending or revoking permits etc. because of unpaid
24
quarantine charges or late payment fees
25
(1) This section applies in relation to a person who is liable to pay a
26
quarantine charge or late payment fee that is due and payable.
27
Unpaid quarantine charges Part 3
General Division 1
Section 15
No. , 2014
Quarantine Charges (Collection) Bill 2014
7
Permit etc. may be suspended or revoked
1
(2) A Director of Quarantine may, by written notice to the person,
2
suspend any of the following until the charge or fee has been paid:
3
(a) a permit granted under subsection 13(2AA) of the
4
Quarantine Act 1908 (permit to introduce, import, bring or
5
remove a thing) and held by the person;
6
(b) an approval given under section 46A of that Act (approval
7
for the purpose of goods subject to quarantine) and held by
8
the person;
9
(c) a compliance agreement to which the person is a party;
10
(d) any other permit, authorisation or other permission, held by
11
the person under that Act, that is prescribed by regulation.
12
(3) A Director of Quarantine may, by written notice to the person,
13
revoke a permit, approval, compliance agreement, authorisation or
14
permission referred to in subsection (2).
15
Note:
See also subsection 41(5) in relation to suspensions and revocations
16
under this section.
17
(4) Subsections (2) and (3) do not limit any other power under the
18
Quarantine Act 1908 to suspend or revoke a permit, approval,
19
compliance agreement, authorisation or permission referred to in
20
subsection (2).
21
Director of Quarantine may direct that activities not be carried out
22
(5) A Director of Quarantine may direct quarantine officers not to
23
carry out specified activities or kinds of activities in relation to the
24
person under the Quarantine Act 1908 until the charge or fee has
25
been paid.
26
15 Recovery of quarantine charges and late payment fees
27
A quarantine charge or a late payment fee that is due and payable
28
to the Commonwealth under this Act may be recovered as a debt
29
due to the Commonwealth by action in a court of competent
30
jurisdiction.
31
Part 3 Unpaid quarantine charges
Division 2 Dealing with goods to recover unpaid quarantine charges or late payment
fees
Section 16
8
Quarantine Charges (Collection) Bill 2014
No. , 2014
Division 2--Dealing with goods to recover unpaid
1
quarantine charges or late payment fees
2
16 Creation of charge on goods
3
(1) This section applies in relation to goods if:
4
(a) the owner of the goods is liable to pay a quarantine charge or
5
a late payment fee (whether or not the charge or fee relates to
6
the goods); and
7
(b) the charge or fee is due and payable; and
8
(c) the goods are subject to quarantine.
9
(2) A charge is created on the goods by force of this section to secure
10
the payment of the quarantine charge or late payment fee.
11
17 Effect of charge on goods
12
(1) A charge created on goods under section 16 has priority over any
13
other interest in the goods (including a security interest within the
14
meaning of the Personal Property Securities Act 2009).
15
(2) Subsection 73(2) of the Personal Property Securities Act 2009
16
applies to the charge.
17
Note:
The effect of this subsection is that the priority between the
18
Commonwealth's charge and a security interest in the goods to which
19
the Personal Property Securities Act 2009 applies is to be determined
20
in accordance with this Act rather than the Personal Property
21
Securities Act 2009.
22
(3) The charge remains in force until:
23
(a) the quarantine charge or late payment fee referred to in
24
subsection 16(2) is paid; or
25
(b) the goods are sold under section 29.
26
(4) To avoid doubt, the charge is not affected:
27
(a) by any change in ownership of the goods; or
28
(b) if the goods are released from quarantine; or
29
Unpaid quarantine charges Part 3
Dealing with goods to recover unpaid quarantine charges or late payment fees Division
2
Section 18
No. , 2014
Quarantine Charges (Collection) Bill 2014
9
(c) if any treatment required in relation to the goods is not
1
carried out.
2
18 Quarantine officer may withhold goods that are subject to charge
3
(1) A quarantine officer may withhold goods that are subject to a
4
charge created under section 16 because a quarantine charge or a
5
late payment fee has not been paid.
6
(2) The quarantine officer must give a written notice to the owner of
7
the goods stating that:
8
(a) the goods are withheld under this section; and
9
(b) the goods may be sold under section 29 if the charge or fee
10
has not been paid by the end of the day specified in the
11
notice, which must be at least 30 days after the day the notice
12
is given.
13
(3) A failure to comply with subsection (2) does not affect the
14
withholding of the goods or the exercise of powers under
15
subsection (4) or (5).
16
Powers for the purpose of withholding goods
17
(4) For the purpose of withholding the goods, a quarantine officer
18
may:
19
(a) refuse to release the goods from quarantine; or
20
(b) take possession of the goods.
21
(5) For the purpose of withholding the goods, a quarantine officer may
22
give any of the following directions to a person in charge of the
23
goods:
24
(a) a direction to secure the goods in a manner specified by the
25
quarantine officer;
26
(b) a direction not to move, deal with or interfere with the goods;
27
(c) a direction to move the goods to a place specified by the
28
quarantine officer;
29
(d) any other direction relating to the movement of the goods.
30
Note:
See also section 43 (general provisions relating to directions).
31
Part 3 Unpaid quarantine charges
Division 2 Dealing with goods to recover unpaid quarantine charges or late payment
fees
Section 19
10
Quarantine Charges (Collection) Bill 2014
No. , 2014
(6) A person who is given a direction under subsection (5) must
1
comply with the direction.
2
Offence
3
(7) A person commits an offence if:
4
(a) the person is given a direction under subsection (5); and
5
(b) the person engages in conduct; and
6
(c) the conduct contravenes the direction.
7
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
8
19 Moving or interfering with withheld goods
9
(1) A person commits an offence if:
10
(a) a direction given in relation to goods under subsection 18(5)
11
is in effect; and
12
(b) the person moves, deals with or interferes with the goods;
13
and
14
(c) neither of the following applies:
15
(i) the person is authorised to engage in the conduct
16
referred to in paragraph (b) of this subsection in
17
accordance with an approval under section 46A of the
18
Quarantine Act 1908 or a compliance agreement;
19
(ii) the person needs to engage in that conduct to comply
20
with a direction given under another provision of this
21
Act or the Quarantine Act 1908 by a quarantine official.
22
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
23
(2) Subsection (1) does not apply if the person is authorised to engage
24
in the conduct referred to in paragraph (1)(b) under this Act or the
25
Quarantine Act 1908, or under another Australian law.
26
Note:
A defendant bears an evidential burden in relation to the matter in this
27
subsection (see subsection 13.3(3) of the Criminal Code).
28
Unpaid quarantine charges Part 3
Dealing with goods to recover unpaid quarantine charges or late payment fees Division
2
Section 20
No. , 2014
Quarantine Charges (Collection) Bill 2014
11
20 When goods stop being withheld
1
(1) A quarantine officer who is withholding goods under section 18
2
must stop withholding the goods if the goods cease to be subject to
3
any charge created under section 16.
4
Note:
For when goods cease to be subject to a charge created under
5
section 16, see subsection 17(3).
6
(2) A quarantine officer who is withholding goods under section 18
7
may also stop withholding the goods if he or she thinks it is
8
appropriate to do so.
9
(3) If goods that have been withheld under section 18 stop being
10
withheld, any direction given under subsection 18(5) in relation to
11
the goods ceases to have effect.
12
(4) This section:
13
(a) does not affect any other power that has been or may be
14
exercised in relation to goods under a provision of this Act
15
(other than this Division) or the Quarantine Act 1908; and
16
(b) does not require goods to be released from quarantine; and
17
(c) does not prevent goods being withheld again under
18
section 18.
19
Note:
Goods that stop being withheld under section 18 may be dealt with
20
under other provisions of this Act or the Quarantine Act 1908.
21
21 Sale of withheld goods
22
(1) This section applies in relation to goods that:
23
(a) are subject to a charge created under section 16 because a
24
quarantine charge or a late payment fee has not been paid;
25
and
26
(b) are withheld under section 18.
27
Notice to owner
28
(2) The goods may be sold under section 29 if:
29
(a) a quarantine officer has given a notice to the owner of the
30
goods under subsection 18(2); and
31
Part 3 Unpaid quarantine charges
Division 2 Dealing with goods to recover unpaid quarantine charges or late payment
fees
Section 21
12
Quarantine Charges (Collection) Bill 2014
No. , 2014
(b) at the end of the day specified in the notice under
1
paragraph 18(2)(b), the quarantine charge or late payment fee
2
has not been paid.
3
Notice cannot be given
4
(3) The goods may be sold under section 29 without giving a notice to
5
the owner of the goods under subsection 18(2) if:
6
(a) a quarantine officer:
7
(i) has not been able to give the notice to the owner of the
8
goods, despite making reasonable efforts; and
9
(ii) has certified in writing to that effect; and
10
(b) at the end of 30 days after the quarantine officer first
11
attempted to give the notice, the quarantine charge or late
12
payment fee has not been paid.
13
Unpaid quarantine charges Part 3
Dealing with a vessel to recover unpaid quarantine charges or late payment fees
Division 3
Section 22
No. , 2014
Quarantine Charges (Collection) Bill 2014
13
Division 3--Dealing with a vessel to recover unpaid
1
quarantine charges or late payment fees
2
22 Creation of charge on vessel
3
(1) This section applies in relation to a vessel if:
4
(a) the owner or operator of the vessel is liable to pay a
5
quarantine charge or a late payment fee (whether or not the
6
charge or fee relates to the vessel); and
7
(b) the charge or fee is due and payable; and
8
(c) the vessel is subject to quarantine.
9
Note:
If the owner or operator of a vessel is liable to pay a quarantine charge
10
or late payment fee, an agent of the owner or operator may also be
11
liable to pay the charge or fee on behalf of the owner or operator (see
12
paragraph 10(b)).
13
(2) A charge is created on the vessel by force of this section to secure
14
the payment of the quarantine charge or late payment fee (as the
15
case may be).
16
23 Effect of charge on vessel
17
(1) A charge on a vessel created by section 22 has priority over any
18
other interest in the vessel (including a security interest within the
19
meaning of the Personal Property Securities Act 2009).
20
(2) Subsection 73(2) of the Personal Property Securities Act 2009
21
applies to the charge.
22
Note:
The effect of this subsection is that the priority between the
23
Commonwealth's charge and a security interest in the vessel to which
24
the Personal Property Securities Act 2009 applies is to be determined
25
in accordance with this Act rather than the Personal Property
26
Securities Act 2009.
27
(3) The charge remains in force until:
28
(a) the quarantine charge or late payment fee referred to in
29
subsection 22(2) is paid; or
30
(b) the vessel is sold under section 29.
31
Part 3 Unpaid quarantine charges
Division 3 Dealing with a vessel to recover unpaid quarantine charges or late payment
fees
Section 24
14
Quarantine Charges (Collection) Bill 2014
No. , 2014
(4) To avoid doubt, the charge is not affected by any change in
1
ownership of the vessel.
2
24 Director of Quarantine may detain vessel that is subject to charge
3
(1) A Director of Quarantine may detain a vessel if:
4
(a) the vessel is subject to a charge created under section 22
5
because a quarantine charge or a late payment fee has not
6
been paid by the owner or the operator of the vessel; and
7
(b) the vessel is in the Australian territory.
8
(2) The Director of Quarantine must give a written notice to the owner
9
and the operator of the vessel stating:
10
(a) that the vessel is detained under this section; and
11
(b) if the owner of the vessel is liable to pay the charge or fee--
12
that the vessel may be sold under section 29 in accordance
13
with section 27 if the charge or fee has not been paid by the
14
end of the day specified in the notice, which must be at least
15
30 days after the day the notice is given.
16
(3) A failure to comply with subsection (2) does not affect the
17
detention of the vessel or the power to give a direction under
18
subsection (4).
19
Director of Quarantine may give directions
20
(4) For the purposes of detaining the vessel, a Director of Quarantine
21
may give the person in charge of the vessel a direction:
22
(a) relating to the movement of the vessel (including a direction
23
to cause the vessel to stop); or
24
(b) requiring the vessel to be left at a specified place in a
25
specified manner; or
26
(c) requiring goods on board the vessel to be unloaded at a
27
specified place in a specified manner.
28
Note:
See also section 43 (general provisions relating to directions).
29
(5) A person who is given a direction under subsection (4) must
30
comply with the direction.
31
Unpaid quarantine charges Part 3
Dealing with a vessel to recover unpaid quarantine charges or late payment fees
Division 3
Section 25
No. , 2014
Quarantine Charges (Collection) Bill 2014
15
Offence
1
(6) A person commits an offence if:
2
(a) the person is given a direction under subsection (4); and
3
(b) the person engages in conduct; and
4
(c) the conduct contravenes the direction.
5
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
6
25 Moving or interfering with detained vessel
7
(1) A person commits an offence if:
8
(a) a direction given in relation to a vessel under
9
subsection 24(4) is in effect; and
10
(b) the person moves, deals with or interferes with the vessel;
11
and
12
(c) neither of the following applies:
13
(i) the person is authorised to engage in the conduct
14
referred to in paragraph (b) of this subsection in
15
accordance with an approval under section 46A of the
16
Quarantine Act 1908 or a compliance agreement;
17
(ii) the person needs to engage in that conduct to comply
18
with a direction given under another provision of this
19
Act or the Quarantine Act 1908 by a quarantine official.
20
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
21
(2) Subsection (1) does not apply if the person is authorised to engage
22
in the conduct referred to in paragraph (1)(b) under this Act or the
23
Quarantine Act 1908, or under another Australian law.
24
Note:
A defendant bears an evidential burden in relation to the matter in this
25
subsection (see subsection 13.3(3) of the Criminal Code).
26
26 Release of detained vessel
27
(1) A Director of Quarantine must release a vessel from detention
28
under section 24 if the vessel ceases to be subject to any charge
29
created under section 22.
30
Part 3 Unpaid quarantine charges
Division 3 Dealing with a vessel to recover unpaid quarantine charges or late payment
fees
Section 27
16
Quarantine Charges (Collection) Bill 2014
No. , 2014
Note:
For when a vessel ceases to be subject to a charge created under
1
section 22, see subsection 23(3).
2
(2) A Director of Quarantine may also release a vessel from detention
3
under section 24 if he or she thinks it appropriate to do so.
4
(3) If a vessel is released from detention, any direction given under
5
subsection 24(4) in relation to the vessel ceases to have effect.
6
(4) This section:
7
(a) does not affect any power that has been or may be exercised
8
in relation to a vessel under a provision of this Act (other
9
than this Division) or the Quarantine Act 1908; and
10
(b) does not require a vessel that is subject to quarantine to be
11
released from quarantine; and
12
(c) does not prevent a vessel being detained again under
13
section 24.
14
Note:
A vessel that is released from detention may be dealt with under other
15
provisions of this Act or the Quarantine Act 1908.
16
27 Sale of detained vessel
17
(1) This section applies in relation to a vessel that is detained under
18
section 24 because a quarantine charge or a late payment fee that is
19
due and payable by the owner of the vessel has not been paid.
20
Note:
For owner-operators, see subsection (5).
21
Notice to owner
22
(2) The vessel may be sold under section 29 if:
23
(a) a Director of Quarantine has given a notice to the owner of
24
the vessel under subsection 24(2); and
25
(b) at the end of the day specified in the notice under
26
paragraph 24(2)(b), the quarantine charge or late payment fee
27
has not been paid.
28
Notice cannot be given
29
(3) The vessel may be sold under section 29 without giving a notice to
30
the owner of the vessel under subsection 24(2) if:
31
Unpaid quarantine charges Part 3
Dealing with a vessel to recover unpaid quarantine charges or late payment fees
Division 3
Section 27
No. , 2014
Quarantine Charges (Collection) Bill 2014
17
(a) a Director of Quarantine:
1
(i) has not been able to give the notice to the owner of the
2
vessel, despite making reasonable efforts; and
3
(ii) has certified in writing to that effect; and
4
(b) at the end of 30 days after the Director of Quarantine first
5
attempted to give the notice, the quarantine charge or late
6
payment fee has not been paid.
7
Goods on board vessel
8
(4) A Director of Quarantine may cause any goods on board the vessel
9
to be unloaded from the vessel before it is sold.
10
Owner-operators
11
(5) To avoid doubt, the reference in subsection (1) to a quarantine
12
charge or a late payment fee that is due and payable by the owner
13
of a vessel includes a reference to a quarantine charge or late
14
payment fee that the owner of a vessel is liable to pay because the
15
owner is also the operator of the vessel.
16
Part 4 Power to sell goods and vessels
Section 28
18
Quarantine Charges (Collection) Bill 2014
No. , 2014
Part 4--Power to sell goods and vessels
1
2
28 Simplified outline of this Part
3
The Director of Biosecurity may sell goods and vessels that have
4
been withheld under Part 3 or that have been abandoned under
5
Part 5.
6
The proceeds can be used to pay any quarantine charges, late
7
payment fees, or other fees under the Quarantine Act 1908, that are
8
due and payable by the owner.
9
29 Sale of goods and vessels
10
(1) This section applies in relation to a thing that may be sold under
11
any of the following provisions:
12
(a) section 21 (sale of withheld goods);
13
(b) section 27 (sale of detained vessel);
14
(c) subsection 32(3) (abandoned goods);
15
(d) subsection 34(3) (abandoned vessels).
16
(2) A Director of Quarantine may:
17
(a) sell the thing; and
18
(b) give full and effective title to the thing free of all other
19
interests, which are extinguished by force of this section at
20
the time title is given.
21
Note:
See section 30 (dealing with the proceeds of sale).
22
(3) A Director of Quarantine may make and execute any instruments
23
or documents necessary for the purposes of selling the thing.
24
30 Dealing with the proceeds of sale
25
(1) A Director of Quarantine may apply the proceeds of the sale of a
26
thing under section 29 against:
27
Power to sell goods and vessels Part 4
Section 30
No. , 2014
Quarantine Charges (Collection) Bill 2014
19
(a) if the thing was subject to one or more charges under
1
section 16 or 22 because one or more quarantine charges or
2
late payment fees had not been paid--the quarantine charges
3
or fees; and
4
(b) any other quarantine charge or late payment fee, or any other
5
fee under the Quarantine Act 1908, that is due and payable to
6
the Commonwealth by the owner of the thing.
7
(2) A Director of Quarantine must pay the remainder of the proceeds,
8
if any, to the owner of the thing.
9
(3) However, any remainder is forfeited to the Commonwealth at the
10
end of 30 days after the sale if a Director of Quarantine:
11
(a) has not been able to locate the owner of the thing, despite
12
making reasonable efforts; and
13
(b) has certified to that effect in writing.
14
(4) Nothing in this section affects the right of the Commonwealth to
15
recover quarantine charges or fees by other means.
16
Part 5 Abandoned and forfeited goods
Section 31
20
Quarantine Charges (Collection) Bill 2014
No. , 2014
Part 5--Abandoned and forfeited goods
1
2
31 Simplified outline of this Part
3
Goods and vessels that are abandoned or otherwise not collected,
4
in circumstances where a person has become liable to pay a
5
quarantine charge or late payment fee, can be sold, destroyed or
6
otherwise disposed of.
7
32 Abandoned goods
8
(1) This section applies in relation to goods if:
9
(a) the owner of the goods is liable to pay, or has paid, a
10
quarantine charge or a late payment fee (whether or not the
11
charge or fee relates to the goods); and
12
(b) the goods are, or have been, subject to quarantine; and
13
(c) the goods are in the possession or control of the
14
Commonwealth; and
15
(d) the owner of the goods gives notice (either in writing or
16
orally) to a Director of Quarantine stating that the owner does
17
not wish to take possession of the goods.
18
(2) A quarantine officer may, in writing, request the owner of the
19
goods to arrange for the goods to be dealt with, or destroyed, in a
20
manner and within the period specified in the request.
21
(3) If:
22
(a) a request is made under subsection (2) in relation to goods;
23
and
24
(b) the goods are not dealt with, or destroyed, in a manner and
25
within the period specified in the request;
26
a Director of Quarantine may, if necessary, take possession of the
27
goods and cause them to be sold under section 29, destroyed or
28
otherwise disposed of.
29
Abandoned and forfeited goods Part 5
Section 33
No. , 2014
Quarantine Charges (Collection) Bill 2014
21
33 Forfeited goods
1
(1) This section applies in relation to goods if:
2
(a) the owner of the goods is liable to pay a quarantine charge or
3
a late payment fee (whether or not the charge or fee relates to
4
the goods); and
5
(b) the charge or fee is due and payable, or has been paid; and
6
(c) the goods are, or have been, subject to quarantine; and
7
(d) the goods are in the possession or control of the
8
Commonwealth.
9
(2) The goods are forfeited to the Commonwealth if:
10
(a) both of the following apply:
11
(i) a Director of Quarantine notifies, in writing, the owner
12
of the goods that the goods may be collected;
13
(ii) the goods are not collected within 90 days after the
14
notice is given; or
15
(b) a Director of Quarantine:
16
(i) has not been able, despite making reasonable efforts, to
17
locate the owner of the goods; and
18
(ii) has certified in writing to that effect.
19
(3) If goods are forfeited to the Commonwealth under subsection (2), a
20
Director of Quarantine may cause the goods to be sold, destroyed
21
or otherwise disposed of.
22
34 Abandoned vessels
23
(1) This section applies in relation to a vessel if:
24
(a) the owner or operator of the vessel is liable to pay, or has
25
paid, a quarantine charge or a late payment fee (whether or
26
not the charge or fee relates to the vessel); and
27
(b) the vessel is, or has been, subject to quarantine; and
28
(c) the vessel is in the possession or control of the
29
Commonwealth; and
30
(d) either:
31
Part 5 Abandoned and forfeited goods
Section 35
22
Quarantine Charges (Collection) Bill 2014
No. , 2014
(i) a Director of Quarantine receives a written notice from
1
the owner of the vessel stating that the owner does not
2
wish to take possession of the vessel; or
3
(ii) a Director of Quarantine has, in writing, requested the
4
owner of the vessel to take possession of the vessel
5
within a specified period and the owner has not taken
6
possession of the vessel within that period.
7
(2) A Director of Quarantine may, in writing, request the owner of the
8
vessel to arrange for the vessel to be dealt with, or destroyed, in a
9
manner and within the period specified in the request.
10
(3) If:
11
(a) a request is made under subsection (2) in relation to a vessel;
12
and
13
(b) the vessel is not dealt with, or destroyed, in a manner and
14
within the period specified in the request;
15
a Director of Quarantine may, if necessary, take possession of the
16
vessel and cause it to be sold under section 29, destroyed or
17
otherwise disposed of.
18
(4) If a vessel is to be destroyed under this section, a Director of
19
Quarantine may cause any goods on board the vessel to be
20
removed from the vessel before it is destroyed.
21
35 Forfeited vessels
22
(1) This section applies in relation to a vessel if:
23
(a) the owner of the vessel is liable to pay a quarantine charge or
24
a late payment fee (whether or not the charge or fee relates to
25
the vessel); and
26
(b) the charge or fee is due and payable, or has been paid; and
27
(c) the vessel is, or has been, subject to quarantine; and
28
(d) the vessel is in the possession or control of the
29
Commonwealth.
30
(2) The vessel is forfeited to the Commonwealth if a Director of
31
Quarantine:
32
Abandoned and forfeited goods Part 5
Section 36
No. , 2014
Quarantine Charges (Collection) Bill 2014
23
(a) has not been able, despite making reasonable efforts, to
1
locate the owner of the vessel; and
2
(b) has certified in writing to that effect.
3
(3) If a vessel is forfeited to the Commonwealth under subsection (2),
4
a Director of Quarantine may cause the vessel to be sold, destroyed
5
or otherwise disposed of.
6
(4) If a vessel is to be destroyed under this section, a Director of
7
Quarantine may cause any goods on board the vessel to be
8
removed from the vessel before it is destroyed.
9
36 This Part does not affect other powers
10
A provision in this Part does not affect any power that has been or
11
may be exercised in relation to goods or a vessel under a provision
12
of this Act (other than that provision) or the Quarantine Act 1908.
13
Part 6 Miscellaneous
Section 37
24
Quarantine Charges (Collection) Bill 2014
No. , 2014
Part 6--Miscellaneous
1
2
37 Simplified outline of this Part
3
This Part deals with miscellaneous matters, including:
4
(a)
remitting or refunding quarantine charges and late
5
payment fees; and
6
(b)
providing sustenance for animals and plants; and
7
(c)
hindering compliance with this Act; and
8
(d)
the application of certain provisions of the Quarantine
9
Act 1908 in relation to quarantine charges and certain
10
validated fees under that Act; and
11
(e)
general provisions relating to directions; and
12
(f)
compensation for acquisition of property; and
13
(g)
the power to make regulations.
14
38 Remitting or refunding quarantine charges and late payment fees
15
(1) The Minister may remit or refund the whole or part of a quarantine
16
charge or a late payment fee that is payable or paid to the
17
Commonwealth if the Minister is satisfied that there are
18
exceptional circumstances that justify doing so.
19
(2) The Minister may do so on his or her own initiative or on written
20
application by a person.
21
39 Providing sustenance for animals and plants
22
(1) This section provides for the Commonwealth to arrange for or
23
require sustenance to be provided for an animal or plant if:
24
(a) the animal or plant is, or has been, subject to quarantine; and
25
(b) the animal or plant is in the possession or control of the
26
Commonwealth, including because the animal or plant:
27
(i) has been withheld under section 18; or
28
Miscellaneous Part 6
Section 40
No. , 2014
Quarantine Charges (Collection) Bill 2014
25
(ii) is on board a vessel that has been detained under
1
section 24; and
2
(c) the owner of the animal or plant, or the owner or operator of
3
the vessel mentioned in subparagraph (b)(ii), is liable to pay,
4
or has paid, a quarantine charge or late payment fee (whether
5
or not the charge or fee relates to the animal or plant, or the
6
vessel).
7
Providing sustenance by agreement
8
(2) The Commonwealth may enter into an agreement with another
9
person for the person to provide sustenance, on the terms and
10
conditions set out in the agreement, for the animal or plant for all
11
or part of a period during which the animal or plant is in the
12
possession or control of the Commonwealth.
13
(3) An agreement may be entered into under subsection (2) in relation
14
to an animal or plant that is to be subject to quarantine before
15
paragraph (1)(a) begins to apply to the animal or plant.
16
Direction to provide sustenance
17
(4) A Director of Quarantine may, by written notice, direct the owner
18
of the animal or plant to provide sustenance for the animal or plant
19
for all or a part of a period during which the animal or plant is in
20
the possession or control of the Commonwealth.
21
Offence
22
(5) A person commits an offence if:
23
(a) the person is given a direction under subsection (4); and
24
(b) the person engages in conduct; and
25
(c) the conduct contravenes the direction.
26
Penalty: 50 penalty units.
27
40 Hindering compliance with this Act
28
A person commits an offence if the person:
29
(a) does an act; and
30
Part 6 Miscellaneous
Section 41
26
Quarantine Charges (Collection) Bill 2014
No. , 2014
(b) the act hinders or prevents another person from complying
1
with this Act.
2
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
3
41 Application of provisions of the Quarantine Act 1908 in relation
4
to quarantine charges
5
References in the Quarantine Act 1908 to "this Act"
6
(1) The Quarantine Act 1908 applies (subject to subsection (2)) as if a
7
reference in any of the following provisions to "this Act" included
8
a reference to "the Quarantine Charges (Collection) Act 2014 or
9
the regulations under that Act":
10
(a) subsection 5(1) (definition of unauthorised person);
11
(b) section 5C (power or requirement to do or cause a thing to be
12
done);
13
(c) section 6B (power to make, vary, suspend or revoke various
14
instruments etc.);
15
(d) section 6C (provisions relating to conditions, restrictions or
16
requirements);
17
(e) section 8A (officers responsible for human quarantine);
18
(f) section 8B (officers responsible for animal and plant
19
quarantine);
20
(g) section 10 (delegation by Minister);
21
(h) section 10B (delegation by Director of Quarantine);
22
(i) Part IIA (proposed decisions affecting the environment);
23
(j) section 14 (exemption of certain vessels and goods);
24
(k) section 14A (exemptions under Torres Strait Treaty);
25
(l) paragraph 44A(3A)(b) (exception to removal of goods
26
offence);
27
(m) section 46A (approvals for the purpose of goods subject to
28
quarantine);
29
(n) subsection 49(2) (exception to unlawful damage offence);
30
(o) subsections 56(9) and (10) (electronic notices);
31
(p) Part VIA (enforcement);
32
Miscellaneous Part 6
Section 41
No. , 2014
Quarantine Charges (Collection) Bill 2014
27
(q) subsection 74BC(1) (power to require information after
1
entering premises);
2
(r) subsection 74DA(1) (direction for master or owner of vessel
3
or installation to provide help to quarantine officer);
4
(s) subsection 74E(1) (person in control of imported goods to
5
assist quarantine officers);
6
(t) section 82 (protection from civil proceedings);
7
(u) section 86B (jurisdiction of courts);
8
(v) section 86C (power to administer oaths or take declarations);
9
(w) section 86DA (evidence of analyst);
10
(x) subsections 87(1C) and (1D) (effect of ordinances of Cocos
11
Islands and Christmas Island).
12
References in the Quarantine Act 1908 to "offence against this
13
Act"
14
(2) The Quarantine Act 1908 applies as if a reference in a provision
15
covered by subsection (3) to an "offence against this Act" included
16
a reference to:
17
(a) an offence against the Quarantine Charges (Collection) Act
18
2014; and
19
(b) an offence against section 6 of the Crimes Act 1914 or
20
section 11.1, 11.4 or 11.5 of the Criminal Code in relation to
21
an offence against the Quarantine Charges (Collection) Act
22
2014.
23
(3) The following provisions of the Quarantine Act 1908 are covered
24
by this subsection:
25
(a) subsection 5(1) (definition of evidential material);
26
(b) section 46A (approvals for the purpose of goods subject to
27
quarantine);
28
(c) Part VIA (enforcement);
29
(d) section 86DA (evidence of analyst).
30
Part 6 Miscellaneous
Section 41
28
Quarantine Charges (Collection) Bill 2014
No. , 2014
References to "quarantine officer" in this Act
1
(4) Section 5AA of the Quarantine Act 1908 applies in relation to each
2
reference to a "quarantine officer" in this Act in the same way as it
3
applies to references to that term in that Act.
4
Effect of suspension or revocation under this Act of approval under
5
section 46A of the Quarantine Act 1908
6
(5) Subsections 46A(11), (12) and (13) of the Quarantine Act 1908
7
apply in relation to a suspension or revocation, under section 14 of
8
this Act, of an approval under section 46A of the Quarantine Act
9
1908 as if the suspension or revocation were under that section of
10
that Act.
11
Effect of directions under this Act for certain purposes
12
(6) If a quarantine officer directs a person to do a thing in relation to
13
goods under subsection 18(5) of this Act, the quarantine officer is
14
taken to have given the person permission under subsection 44B(6)
15
of the Quarantine Act 1908 to do the thing in relation to the goods.
16
Note:
Section 44B of the Quarantine Act 1908 contains offences for doing
17
certain things in relation to landed cargo without permission.
18
Part VI of the Quarantine Act 1908 does not apply
19
(7) Part VI of the Quarantine Act 1908 (expenses) does not apply to an
20
expense constituted by a quarantine charge, or a late payment fee
21
under this Act.
22
Note 1:
For liability of agents for quarantine charges, see paragraph 10(b) of
23
this Act.
24
Note 2:
Regulations under the Acts imposing quarantine charges set out who
25
is liable to pay each quarantine charge.
26
Venue in summary prosecution
27
(8) Section 86A of the Quarantine Act 1908 (venue in summary
28
prosecution) applies in relation to proceedings relating to this Act
29
in the same way as it applies in relation to proceedings relating to
30
that Act.
31
Miscellaneous Part 6
Section 42
No. , 2014
Quarantine Charges (Collection) Bill 2014
29
42 Collection and recovery of charges imposed for purposes of
1
validating fees under the Quarantine Act 1908
2
(1) The following provisions of the Quarantine Act 1908 apply in
3
relation to a charge that is taken to have been imposed on a person
4
under a quarantine fee validation provision as if the charge were a
5
fee specified in a determination made under section 86E of that
6
Act:
7
(a) subsections 86E(2B) to (2CB) (late payment fees);
8
(b) subsections 86E(2E) and (2F) (booking fees and deposits);
9
(c) subsection 86E(2G) (withholding services until fees and
10
deposits are paid);
11
(d) subsection 86E(2H) (Minister may remit and refund fees);
12
(e) section 86EA (Commonwealth etc. not liable to pay fees);
13
(f) Part VI (expenses);
14
(g) any other provision of that Act to the extent to which it
15
relates to a provision mentioned in any of the preceding
16
paragraphs.
17
(2) For the purposes of subsection (1), each of the following is a
18
quarantine fee validation provision:
19
(a) section 11 of the Quarantine Charges (Imposition--Customs)
20
Act 2014;
21
(b) section 10 of the Quarantine Charges (Imposition--Excise)
22
Act 2014;
23
(c) section 11 of the Quarantine Charges (Imposition--General)
24
Act 2014.
25
43 General provisions relating to directions
26
(1) Unless otherwise provided by this Act, a person who is permitted
27
to give a direction under this Act may give the direction orally or
28
in writing (including by electronic means).
29
(2) Unless otherwise provided by this Act, a direction that is given
30
under this Act in writing is not a legislative instrument.
31
(3) A later direction overrides an earlier direction to the extent of any
32
inconsistency.
33
Part 6 Miscellaneous
Section 44
30
Quarantine Charges (Collection) Bill 2014
No. , 2014
44 Compensation for acquisition of property
1
(1) If the operation of this Act would result in an acquisition of
2
property (within the meaning of paragraph 51(xxxi) of the
3
Constitution) from a person otherwise than on just terms (within
4
the meaning of that paragraph), the Commonwealth is liable to pay
5
a reasonable amount of compensation to the person.
6
(2) If the Commonwealth and the person do not agree on the amount
7
of the compensation, the person may institute proceedings in a
8
court of competent jurisdiction for the recovery from the
9
Commonwealth of such reasonable amount of compensation as the
10
court determines.
11
45 Regulations
12
(1) The Governor-General may make regulations prescribing matters:
13
(a) required or permitted by this Act to be prescribed; or
14
(b) necessary or convenient to be prescribed for carrying out or
15
giving effect to this Act.
16
(2) Without limiting subsection (1), the following may be prescribed
17
by regulation:
18
(a) matters relating to the giving of a notice or direction, or the
19
making of any other requirement, under this Act;
20
(b) the manner in which any notice, direction, requirement or
21
other instrument granted, given or made under this Act may
22
be produced to a person or body.
23
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