Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_80
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 80
Character Range: 129668–131661

80  Fees required to be paid before commencement time
The new Export Control Act applies as if:
 (a) the following were cost‑recovery charges:
 (i) fees required to be paid by the Export Control (Fees) Order 2015 (as in force immediately before the commencement time);
 (ii) late payment fees required to be paid by the Export Control (Fees) Order 2015 (as in force immediately before the commencement time);
 (iii) late payment fees prescribed by regulations made for the purposes of subsection 11(1) of the Export Charges (Collection) Act 2015 (as in force immediately before the commencement time); and
 (b) rules made for the purposes of section 400 of the new Export Control Act prescribed that the time when a fee described in subparagraph (a)(i) is due and payable is when a demand for payment of the fee is made; and
 (c) rules made for the purposes of section 403 of the new Export Control Act specified that a late payment fee described in subparagraph (a)(ii) or (iii) was due and payable at the commencement time; and
 (d) the person liable to pay an amount treated by subparagraph (a)(i) or (ii) as a cost‑recovery charge were the person specified by the Export Control (Fees) Order 2015 (as in force immediately before the commencement time) as the person who was liable to pay the amount; and
 (e) the person liable to pay an amount treated by subparagraph (a)(iii) as a cost‑recovery charge were the person prescribed by regulations made for the purposes of subsection 11(3) of the Export Charges (Collection) Act 2015 (as in force immediately before the commencement time) as the person who was liable to pay the amount.
Note: Division 4 of Part 4 of Chapter 11 of the new Export Control Act provides for the recovery of cost‑recovery charges. Section 403 of that Act allows rules to specify a late payment fee that is due and payable if a cost‑recovery charge is not paid at or before the time prescribed by the rules as the time the cost‑recovery charge is due and payable.