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No. 99, 2015

Compilation date: 1 July 2016 Includes amendments up to: Act No. 33, 2016 Registered: 15 July 2016 This is a compilation of the Imported Food Charges (Imposition—General) Act 2015 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

Contents

Part 1—Preliminary

1 Short title

This Act may be cited as the Imported Food Charges (Imposition— General) Act 2015.

2 Commencement

(1) Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 2. Sections 3 to 10 The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of the Imported Food Charges (Collection) Imported Food Charges (Imposition—General) Act 2015 1 Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16

Part 1 Preliminary Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details

Section 3 Act 2015. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2)

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Act binds the Crown

This Act binds the Crown in each of its capacities.

4 Extension to certain external Territories

This Act does not extend to Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands unless the Imported Food Control Act 1992 extends to that Territory.

5 Act does not impose tax on property of a State

(1)

This Act does not impose a tax on property of any kind belonging to a State.

(2)

In this section: property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.

2 Imported Food Charges (Imposition—General) Act 2015

Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16 Charges Part 2 Section 6

Part 2—Charges

6 Imposition of charges

(1)

The regulations may prescribe a charge in relation to a prescribed matter connected with the administration of the Imported Food Control Act 1992.

(2)

The charges prescribed for the purposes of subsection (1) are imposed as taxes.

(3)

Two or more charges may be prescribed in relation to the same prescribed matter, and a single charge may be prescribed in relation to 2 or more prescribed matters.

(4)

This section imposes a charge only so far as that charge is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution.

7 Matters relating to amount of charges

(1)

The regulations may prescribe a charge for the purposes of subsection 6(1): (a) by specifying an amount as the charge; or (b) by specifying a method for calculating the amount of the charge.

(2)

Before the Governor-General makes regulations for the purposes of subsection 6(1) prescribing a charge in relation to a prescribed matter connected with the administration of the Imported Food Control Act 1992, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the prescribed matter. Imported Food Charges (Imposition—General) Act 2015 3 Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16

Part 2 Charges

Section 8

8 Who is liable to pay charges

The regulations may prescribe one or more persons who are liable to pay a specified charge prescribed for the purposes of subsection 6(1). Note: For matters related to the collection of charges prescribed for the purposes of subsection 6(1), see the Imported Food Charges (Collection) Act 2015.

9 Exemptions from charges

The regulations may provide for exemptions from a charge prescribed for the purposes of subsection 6(1).

4 Imported Food Charges (Imposition—General) Act 2015

Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16 Miscellaneous Part 3 Section 10

Part 3—Miscellaneous

10 Regulations Endnotes Endnotes Endnote 1—About the endnotes Abbreviation key—Endnote 2 Legislation history and amendment history—Endnotes 3 and 4 Editorial changes Misdescribed amendments

The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. Imported Food Charges (Imposition—General) Act 2015 5 Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16 Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history The abbreviation key sets out abbreviations that may be used in the endnotes. Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can

6 Imported Food Charges (Imposition—General) Act 2015 Endnotes Endnotes Endnote 2—Abbreviation key

Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16 Endnote 1—About the endnotes be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. Imported Food Charges (Imposition—General) Act 2015 7 Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16 Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced

8 Imported Food Charges (Imposition—General) Act 2015 Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions

Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16 Endnote 3—Legislation history Imported Food Charges (Imposition—General) Act 2015 99, 2015

29 June

2015 s 3–10: 30 June 2015 (s 2(1) item 2) Remainder: 29 June

2015 (s 2(1) item 1)

Territories Legislation Amendment Act 2016 33, 2016

23 Mar

2016 Sch 5 (item 65): 1 July

2016 (s 2(1) item 7) Endnotes Endnote 4—Amendment history Provision affected How affected

— Imported Food Charges (Imposition—General) Act 2015 9 Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16 Endnote 4—Amendment history

Part 1

s 4 ............................................ ad No 33, 2016

10 Imported Food Charges (Imposition—General) Act 2015

Compilation No. 1 Compilation date: 1/7/16 Registered: 15/7/16