Document ID: chunk:federal_register_of_legislation:F2016L00717:clause:3_3
Version: federal_register_of_legislation:F2016L00717
Segment Type: clause
Provision Reference: sch 3 cl 3
Character Range: 13736–15050

3  Fees for quarantine services for which no demand for payment had been made before commencement day
(1) This item applies in relation to a service referred to in the table in subsection 6(1) of the Quarantine Service Fees Determination 2005 that was provided before the commencement day if:
 (a) a fee for, or in relation to, the service was payable under that Determination; and
 (b)  a demand for payment of the fee had not been made before the commencement day.
(2) The fee is due and payable when a demand for payment of the fee is made.
(3) The fee is payable by the person to whom the service was provided.
(4) If a demand for payment of the fee is made under subitem (2), the Biosecurity Act applies in relation to the fee as if it were a cost‑recovery charge.
Note 1: An agent of a person who is liable to pay a cost‑recovery charge under the Biosecurity Regulation 2016 is jointly and severally liable with that person to pay the charge (see section 112 of the Biosecurity Regulation 2016).
Note 2: Divisions 3 and 4 of Part 3 of Chapter 11 of the Biosecurity Act set out rules for recovery of cost‑recovery charges, and allow regulations to provide for a late payment fee for a cost‑recovery charge that is not paid by the time prescribed by the regulations as the time the charge is due and payable.