Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 86E

Definitions

          (1A)  In this section:

"basic fee" has the meaning given by subsection (2B).

"late payment fee" has the meaning given by subsection (2B).

"payment day" , in relation to a basic fee or a deposit in respect of a quarantine service, means the last day of the period within which the fee or deposit is required to be paid.

"quarantine service" means anything referred to in paragraph (1)(a), (b), (c) or (d).

Determination of basic fees

          (1B)  The Minister may, by legislative instrument, make determinations for the purposes of this section.

             (1)  Subject to subsection (1AA), a determination may require fees of amounts set out in the determination to be paid for or in relation to the doing of anything in connection with:

                     (a)  specified examinations, services or other quarantine measures carried out or provided under this Act; and

                     (b)  the issue by quarantine officers of specified certificates under this Act; and

                     (c)  the management and maintenance of animals at a quarantine station in Australia, in the Cocos Islands or in Christmas Island or at a place approved under section 46A; and

                     (d)  the giving of approvals by a Director of Quarantine under subsection 44A(5) or 46A(1); and

                     (e)  the giving of permissions and permits under this Act; and

                      (f)  the entering into compliance agreements.

       (1AA)  The Minister's power to make a determination that relates to the provision of a prescribed health measure in relation to a traveller is subject to Division 3 of Part VI.

             (2)  Subject to Part VI, a determination may specify the persons by whom fees are payable.

          (2A)  A determination may:

                     (a)  except to the extent that the determination relates to a quarantine service to which paragraph (b) applies--state the period within which fees are to be paid; and

                     (b)  to the extent that the determination relates to a quarantine service for which the fees can be worked out before the provision of the service:

                              (i)  make provision for an intended recipient of the service and if there is a person who is known to the agent of the intended recipient, that agent, to be informed of the fees before the service is provided; and

                             (ii)  permit a quarantine officer to withhold the provision of the service until the payment of the fees.

Late payment fees

          (2B)  If a determination states a period within which a fee (the basic fee ) is to be paid, a determination may also require an additional fee (a late payment fee ) to be paid if the basic fee is not paid on or before the payment day.

          (2C)  A late payment fee may be either or both of the following:

                     (a)  a fee of a stated amount;

                     (b)  a fee of a stated amount in respect of each day after the payment day and before the day on which the basic fee is paid.

       (2CA)  Without limiting the generality of paragraph (2C)(b), the reference to a fee as set out in that paragraph includes a reference to a fee that is a percentage per annum of the basic fee, worked out on a daily basis, for each day after the payment day on which the basic fee remains unpaid.

        (2CB)  Subsections (2B), (2C) and (2CA) do not apply in relation to a fee payable for the provision of a prescribed health measure in relation to a traveller.

Booking fees and deposits

          (2E)  A determination may, in respect of the reservation of space at a quarantine station or at a place approved under section 46A for an animal in respect of a period, require the payment of either or both of the following:

                     (a)  a booking fee;

                     (b)  a deposit on account of the basic fee that will be payable for the management and maintenance of the animal at the station or place.

           (2F)  A determination may make provision for or in relation to:

                     (a)  the forfeiture, in circumstances referred to in the determination, of the whole or a part of a deposit paid under a requirement mentioned in subsection (2E); and

                     (b)  the return or other application, in circumstances referred to in the determination, of such a deposit less any costs worked out in accordance with the determination that are associated with the return or other application of the deposit.

Unpaid fees and deposits

          (2G)  If:

                     (a)  the basic fee payable for a quarantine service, or a deposit payable on account of the basic fee for a quarantine service referred to in paragraph (1)(c), is not paid on or before the payment day; or

                     (b)  a late payment fee that is payable in respect of a quarantine service is not paid;

a Director of Quarantine may direct that no quarantine service is to be provided, or a particular quarantine service or kind of quarantine service is not to be provided, for the person who failed to make the payment until the basic fee, the deposit or the late payment fee, as the case may be, is paid.

Minister may remit and refund fees

          (2H)  The Minister may remit or refund the whole or a part of a fee specified in a determination and payable or paid to the Commonwealth if he or she is satisfied that there are exceptional circumstances that justify doing so.