Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Imported Food Control Regulations 1993
1 Subregulation 3(1)
Omit "(1)" (first occurring).
2 Subregulation 3(1)
Insert:
"Departmental holiday " , for the provision of a chargeable service, means a Monday, Tuesday, Wednesday, Thursday or Friday that is observed as a public holiday in the place where the service is provided.
"in-office " , in relation to the provision of a chargeable service, means the provision of the service at a location where services of an authorised officer are available on an ongoing basis.
"ordinary hours of duty " means the period that begins at 6.30 am and ends at 6.30 pm on any weekday.
"out-of-office " , in relation to the provision of a chargeable service, means the provision of the service at a location where services of an authorised officer are not available on an ongoing basis.
"weekday " , for the provision of a chargeable service, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a Departmental holiday in the place where the service is provided.
"working day " , for the provision of a chargeable service, means a period of 7.5 hours for which an authorised officer provides the service during the ordinary hours of duty on a weekday.
3 Regulation 33
Repeal the regulation, substitute:
33 Fees for chargeable services
(1) For subsection 36(1) of the Act, the fee that a person is liable to pay to the Commonwealth in respect of the provision of a chargeable service referred to in column 1 of an item in the following table is the amount set out in, or worked out in accordance with, column 2 of the item.
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Fees |
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Item |
Column 1 |
Column 2 |
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1 |
In-office assessment, issue of approval or other relevant documentation, inspection, treatment, audit, analysis, training, or other chargeable service in relation to food to which the Act applies, provided during ordinary hours of duty |
For each authorised officer providing the chargeable service--$30 for each quarter hour or part of a quarter hour |
|
2 |
In-office chargeable service mentioned in item 1 provided on a weekday outside ordinary hours of duty |
For each authorised officer providing the chargeable service: (a) if the service is provided immediately before or immediately after an in-office chargeable service provided by the authorised officer during ordinary hours of duty--$45 for each quarter hour or part of a quarter hour; or (b) in any other case: (i) for any period up to 30 minutes--$90; and (ii) for each quarter hour, or part of a quarter hour, after the first 30 minutes--$45 |
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3 |
In-office chargeable service mentioned in item 1 provided on a Saturday, Sunday or a Departmental holiday |
For each authorised officer providing the chargeable service: (a) for any period up to 30 minutes-- $100; and (b) for each quarter hour, or part of a quarter hour, after the first 30 minutes--$50 |
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4 |
Out-of-office assessment, issue of approval or other relevant documentation, inspection, treatment, audit, analysis, training, or other chargeable service in relation to food to which the Act applies, provided during ordinary hours of duty |
For each authorised officer providing the chargeable service: (a) for less than a working day--$50 for each quarter hour or part of a quarter hour; or (b) for: (i) each working day--$1 000; and (ii) each additional quarter hour, or part of a quarter hour, on that day--$50 |
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5 |
Out-of-office chargeable service mentioned in item 4 provided on a weekday outside ordinary hours of duty |
For each authorised officer providing the chargeable service: (a) if the service is provided immediately before or immediately after an out-of-office chargeable service provided by the authorised officer during ordinary hours of duty--$65 for each quarter hour or part of a quarter hour; or (b) in any other case: (i) for any period up to 30 minutes-- $130; and (ii) for each quarter hour, or part of a quarter hour, after the first 30 minutes--$65 |
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6 |
Out-of-office chargeable service mentioned in item 4 provided on a Saturday, Sunday or a Departmental holiday |
For each authorised officer providing the chargeable service: (a) for any period up to 30 minutes --$140; and (b) for each quarter hour, or part of a quarter hour, after the first 30 minutes--$70 |
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7 |
Chargeable service provided by a person by arrangement with the Commonwealth |
A fee equivalent to the cost incurred by the Commonwealth in arranging and paying for the person to provide the chargeable service |
(2) If a person requests a chargeable service to be provided at a particular time, and the provision of the service at that time would mean that the person would be liable to pay a fee under item 2, 3, 5 or 6 of the table in subregulation (1), an authorised officer must tell the person about the fee before the service is provided.
4 Regulation 34
Omit "within 28 days after the last day on which the payment was due", substitute "the amount that was paid within 30 days after the day the demand for payment of the amount is made".
5 Regulation 35
Repeal the regulation, substitute:
(1) The Secretary may waive a fee for a chargeable service if the Secretary considers it appropriate to do so in all the circumstances.
(2) The Secretary may do so on his or her own initiative or on written application by a person.
6 At the end of paragraph 36(c)
Add ", including carrying out audits".
7 Paragraph 36(d)
Repeal the paragraph, substitute:
(d) training of a person in relation to matters covered by a compliance agreement or another arrangement with the Commonwealth;
8 At the end of paragraph 36(e)
Add ", including carrying out audits".
9 After Part 4
Insert:
Part 5 -- Application and transitional provisions
37 Application of amendments made by the Imported Food Control Amendment (Fees) Regulation 2015
The amendments made by Schedule 1 to the Imported Food Control Amendment (Fees) Regulation 2015 apply in relation to a chargeable service that is provided on or after 1 December 2015.
This Part is repealed at the start of 1 July 2016.
10 Schedules (heading before Schedule 1)
Repeal the heading.
11 Schedule 2
Repeal the Schedule.