Commonwealth Consolidated Acts

IMPORTED FOOD CONTROL ACT 1992 - SECT 36

             (1)  A person for whom a chargeable service is provided is liable to pay to the Commonwealth such amount ( payable amount ) in respect of the provision of that service as is prescribed.

             (2)  The payable amount in respect of a particular service must not exceed the direct and indirect costs that are properly attributed to the provision of that service, calculated in accordance with ordinary commercial principles.

             (3)  The payable amount in respect of the provision of a service is payable either:

                     (a)  before the service is rendered; or

                     (b)  at the time the service is rendered.

             (4)  If an authorised officer:

                     (a)  arranges for the analysis of food to be carried out by another person; and

                     (b)  pays the person who performs that analysis an amount not exceeding the cost of that analysis;

the person for whom that chargeable service is arranged must pay to the Commonwealth, within a prescribed period, by way of reimbursement for the amount so paid, an amount equal to the amount so paid.

             (5)  The regulations may prescribe circumstances in which the Secretary may, in his or her discretion, on behalf of the Commonwealth, waive fees that would otherwise be payable under this section.

             (6)  If:

                     (a)  a person for whom a service is provided pays for the service before or at the time it is rendered; and

                     (b)  the service is not so rendered;

the Secretary may, on behalf of the Commonwealth, refund the amount paid in respect of the provision of the service.

             (7)  Under subsection (1), if the inspection of food leads to its analysis (whether by the person who inspected it or another person), the inspection is not taken to have been provided until the results of the analysis are notified to the person for whom the analysis is arranged.

             (8)  If a person for whom a chargeable service is provided in respect of food does not pay the fee payable to the Commonwealth in respect of that service within 28 days after the last day on which that payment was due, the Secretary may direct, in writing:

                     (a)  if the relevant documentation has not already been issued in respect of the food--that authorised officers should not issue such documentation in respect of the food; or

                     (b)  if the relevant documentation has been issued in respect of the food--that authorised officers should not issue such documentation in respect of any other food imported by that person into Australia;

until:

                     (c)  the person has paid the outstanding fees; or

                     (d)  the person has entered into an agreement with the Commonwealth in accordance with subsection (9).

             (9)  Without limiting the matters that may be entered into under an agreement referred to in paragraph (8)(d), such an agreement may require a person who has failed to pay a fee to do either or both of the following:

                     (a)  pay interest at a rate not exceeding 20% per year, calculated on a daily basis, on the amount of the fees from time to time owing to the Commonwealth in respect of the food;

                     (b)  give security for the payment of the fees and interest (if any) owing to the Commonwealth in respect of the food.

           (10)  An authorised officer must not deal with the food in contravention of a direction under subsection (8).

           (11)  In this section:

"chargeable service" , in relation to food to which this Act applies, means:

                     (a)  an inspection, or inspection and analysis of the food; or

                     (b)  the arrangement by an authorised officer of an analysis of the food to be carried out by another person; or

                     (c)  the issue of relevant documentation in respect of the food; or

                     (d)  the supervision of the treatment, destruction or re‑exportation of the food; or

                    (da)  the entering into a compliance agreement in respect of the food; or

                     (e)  the provision of any other service that is prescribed for the purpose of this definition.

"relevant documentation" means:

                     (a)  if the food is examinable food--a food control certificate; and

                     (b)  if the food is required to be inspected, or inspected and analysed--an imported food inspection advice.