Document ID: chunk:federal_register_of_legislation:F2021L01482:reg:31
Version: federal_register_of_legislation:F2021L01482
Segment Type: reg
Provision Reference: reg 31
Character Range: 42816–44520

31  Circumstances in which relevant Commonwealth liability of a person is taken to have been paid
 (1) For the purposes of section 181 of the Act, subsection (2) of this section prescribes circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of any of the following provisions (a relevant provision) of the Act in relation to a waste tyres export licence:
 (a) paragraph 34(2)(c) (grant of export licence);
 (b) paragraph 39(3)(c) (renewal of export licence);
 (c) paragraph 42(4)(b) (variation of export licence).
 (2) A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a relevant provision if:
 (a) the person, or another person, has given a written undertaking to the Minister to pay the amount of the relevant Commonwealth liability; and
 (b) the undertaking includes a term that the relevant Commonwealth liability is to be reduced by each amount paid in accordance with the undertaking; and
 (c) the Minister has accepted the undertaking and has not revoked the acceptance.
 (3) For the purposes of paragraph (2)(c), the Minister must not accept an undertaking unless the Minister has considered the following matters:
 (a) the financial position of the person who gave the undertaking;
 (b) the nature and likely cost of the export operations to which a decision under the relevant provision relates;
 (c) whether the person who gave the payment undertaking will be able to comply with the undertaking and, if applicable, meet the cost of the export operations referred to in paragraph (b) of this subsection.
The Minister may also consider any other matter that the Minister considers relevant.