Document ID: chunk:federal_register_of_legislation:C2004C01405:clause:1_150
Version: federal_register_of_legislation:C2004C01405
Segment Type: clause
Provision Reference: sch 1 cl 150
Character Range: 47317–49221

150  After subsection 64(1)
Insert:

 (1AA) Subject to subsection (1AB), if:
 (a) animals, plants or other goods are subject to quarantine or are under quarantine surveillance; and
 (b) a person is the agent of the importer or owner of those animals, plants or other goods at the time when a service referred to in paragraph (1)(a), (b), (c) or (d) is provided as a result of those animals, plants or other goods being subject to quarantine or under quarantine surveillance;
the agent must pay to the Commonwealth, on behalf of the importer or owner, any expenses connected with the performance of that service in respect of those animals, plants or other goods.

 (1AB) If the importer or owner has met the liability to the Commonwealth under subsection (1) in respect of any expenses connected with the performance of a service referred to in paragraph (1)(a), (b), (c) or (d), the liability of the agent of the importer or owner is thereby discharged.

 (1AC) The liability of an agent of an importer or owner to make a payment to the Commonwealth on behalf of the importer or owner in respect of any expenses connected with the performance of a service referred to in paragraph (1)(a), (b), (c) or (d) is not affected by the fact that, at the time when the payment is required to be made, the agent has not recovered an amount equivalent to those expenses from the importer or owner.

 (1AD) If:
 (a) in accordance with subsection (1AA), the agent for an importer or owner makes a payment to the Commonwealth on behalf of the importer or owner in respect of any expenses connected with the performance of a service referred to in paragraph (1)(a), (b), (c) or (d); and
 (b) at the time when the payment is made, the agent has not collected an amount equivalent to those expenses from the importer or owner;
the agent may recover such an amount from the importer or owner as a debt due to the agent.