HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) 1989 NO. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) 1989 NO. 41 - TABLE OF PROVISIONS 1. Commencement 2. Principal Regulations 3. Monthly returns 4. 5. Authorised agents 6. Execution of documents 7. Form of warrant to enter premises 8. 9. Orders 10. Schedule 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 1 Commencement 1. Regulation 10 commences on 1 April 1989. 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 2 Principal Regulations 2. In these Regulations, "Principal Regulations" means the Horticultural Export Charge Regulations. 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 3 Monthly returns 3. Regulation 9 of the Principal Regulations is amended: (a) by omitting "A prescribed" and substituting "Subject to subregulation 9A (8), a prescribed"; (b) by omitting "office at" and substituting "office of". 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 4 4. After regulation 9 of the Principal Regulations the following regulations are inserted: Exemption for prescribed persons from monthly returns "9A. (1) A prescribed person who: (a) exports from Australia in a calendar year any chargeable horticultural products; and (b) has reason to believe that, in that year, the amount of his or her liability under subsection 7 (1) of the Charge Collection Act will be less than the prescribed amount; may apply for an exemption from the requirement to lodge monthly returns during that year. "(2) An application shall: (a) be lodged with the Secretary at the office of the Department in Canberra; and (b) set out the following particulars: (i) the full name and business, or residential, address of the person making the application; (ii) if the address referred to in subparagraph (i) is not a satisfactory address for service of documents on that person-such an address, that may be the address of a post office box or bag; (iii) a statement that the person is an exporting agent who will or may incur, in the calendar year in respect of which the application is made, a liability under subsection 7 (1) of the Charge Collection Act; (iv) a statement that, in the belief of the person, the amount of that liability will be less than the prescribed amount; and (v) a declaration, signed by the person, that the particulars set out in the application are correct. "(3) In considering an application, the Secretary shall have regard to: (a) the amount of any liability of the applicant under subsection 7 (1) of the Charge Collection Act in the immediately preceding calendar year; and (b) any information that is available to the Secretary about the amount of the liability that the applicant will be likely to incur in the calendar year in which the application is made. "(4) Within 14 days of the lodgement of the application, the Secretary shall: (a) make a decision to grant or refuse the application; and (b) send notice of the decision to the applicant, addressed to the last-known address of the applicant. "(5) Where an exemption is in force and the person to whom the exemption relates lodges a return in respect of the calendar year to which the exemption relates, the Secretary shall consider whether to continue the exemption in respect of the next succeeding calendar year. "(6) In considering whether to continue an exemption in respect of the year last mentioned in subregulation (5), the Secretary shall have regard to: (a) the amount of the liability of the person to whom the exemption relates under subsection 7 (1) of the Charge Collection Act in the immediately preceding calendar year; and (b) any information that is available to the Secretary about the amount of the liability that the person will be likely to incur in the calendar year last mentioned in subregulation (5). "(7) Within 14 days of lodgement of a return mentioned in subregulation (5), the Secretary shall: (a) make a decision to continue, or to refuse to continue, the exemption; and (b) send notice in writing of the decision to the person to whom the exemption relates, addressed to the last-known address of the person. "(8) A person is exempt during a calendar year from lodging monthly returns under regulation 9 if the person has, during that year: (a) lodged an application; or (b) lodged an annual return in respect of the immediately preceding calendar year, being a year to which an exemption in respect of the person relates; and the person has not received notice of a refusal to grant, or of a refusal to continue, an exemption in respect of the first-mentioned year. "(9) A person who receives notice of a refusal to grant, or of a refusal to continue, an exemption in respect of a calendar year shall lodge a monthly return in accordance with regulation 9 in respect of each month of that year for which the person would, apart from subregulation (8), have been required to lodge a return: (a) in respect of each of those months that was concluded before the person received the notice-within 28 days of receiving the notice; and (b) in respect of each of those months that was not concluded before the person received the notice-on or before the twenty-eighth day of the next succeeding month. "(10) In this regulation, "prescribed amount" means $1,000 or such other amount as the Minister orders for the purposes of this regulation. Annual returns by certain prescribed persons "9B. A person who, in a calendar year, was exempt from lodging monthly returns and who has exported in that year any chargeable horticultural products shall, on or before 28 February in the next succeeding calendar year, furnish to the Secretary at the office of the Department in Canberra a return setting out: (a) the full name and business, or residential, address of that person, not being the address of a post office box or bag; (b) if the address referred to in paragraph (a) is not a satisfactory address for service of documents on that person-such an address, that may be the address of a post office box or bag; (c) the calendar year in which those products were exported; (d) the quantity of each prescribed class of chargeable horticultural products exported in that calendar year; (e) the amount of charge payable in respect of each of the quantities referred to in paragraph (d) (other than an amount of charge included in a monthly return that has been lodged with the Secretary); (f) the total of the amounts first referred to in paragraph (e); and (g) a declaration, signed by that person, that the particulars set out in the return are correct in every material particular.". 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 5 Authorised agents 5. Subregulation 10 (1) of the Principal Regulations is amended by inserting "or 9B (g), or subparagraph 9A (2) (b) (v)," after "9 (g)". 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 6 Execution of documents 6. Regulation 11 of the Principal Regulations is amended by inserting "or 9B (g), or subparagraph 9A (2) (b) (v)," after "9 (g)". 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 7 Form of warrant to enter premises 7. Regulation 13 of the Principal Regulations is amended by omitting "may" and substituting "shall". 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 8 8. After regulation 13 of the Principal Regulations the following regulation is inserted: Review of decisions "13A. (1) Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Secretary: (a) to refuse to grant an exemption under paragraph 9A (4) (a); or (b) to refuse to continue an exemption under paragraph 9A (7) (a). "(2) Where the Secretary makes a decision mentioned in subregulation (1), the notice of the decision: (a) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and (b) shall include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 28 of that Act. "(3) A failure to comply with subregulation (2) in relation to a decision does not affect the validity of the decision.". 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 9 Orders 9. Regulation 14 of the Principal Regulations is amended by adding at the end "and, in particular, specifying an amount, not exceeding $5,000, for the purposes of regulation 9A.". 1989 No. 41 HORTICULTURAL EXPORT CHARGE REGULATIONS (AMENDMENT) - REG 10 Schedule 10. Schedule 2 to the Principal Regulations is amended: (a) by omitting from item 2 "1.25" and substituting "1.5"; (b) by omitting from item 2 "0.42" and substituting "0.5". - NOTES 1989 No. 41*1* HORTICULTURAL EXPORT CHARGE REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 17 March 1989. *2* Statutory Rules 1988 No. 190.