Document ID: chunk:federal_register_of_legislation:C2017C00318:clause:4_75
Version: federal_register_of_legislation:C2017C00318
Segment Type: clause
Provision Reference: sch 4 cl 75
Character Range: 109888–112421

75  Fees and deposits

Fees
(1) The Biosecurity Act applies as if:
 (a) the following were cost‑recovery charges:
 (i) fees required by a determination made for the purposes of subsection 86E(1) of the Quarantine Act to be paid;
 (ii) late payment fees required by a determination made for the purposes of subsection 86E(2B) of the Quarantine Act to be paid;
 (iii) late payment fees prescribed by a regulation for the purposes of subsection 13(1) of the Quarantine Charges (Collection) Act 2014; and
 (b) regulations for the purposes of the Biosecurity Act prescribed that the time that a fee described in subparagraph (a)(i) is due and payable is the end of the payment day worked out for the fee under section 86E of the Quarantine Act (whether the payment day is before, on or after the commencement day); and
 (c) regulations for the purposes of the Biosecurity Act prescribed that the time that a late payment fee described in subparagraph (a)(ii) or (iii) was due and payable was the beginning of the commencement day; 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 a determination made for the purposes of subsection 86E(2) of the Quarantine Act as the person by whom the amount was payable; and
 (e) the person liable to pay an amount treated by subparagraph (a)(iii) as a cost‑recovery charge were the person prescribed by a regulation made for the purposes of subsection 13(3) of the Quarantine Charges (Collection) Act 2014.
Note: Divisions 4 and 5 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.

Deposits
(2) The Agriculture Minister must refund a booking fee, or deposit, (the old fee or deposit) that was paid as required by a determination made for the purposes of subsection 86E(2E) of the Quarantine Act, to the extent that:
 (a) the old fee or deposit was not refunded under subsection 86E(2H) of the Quarantine Act, or forfeited or returned under a determination made for the purposes of subsection 86E(2F) of that Act, before the commencement day; and
 (b) regulations made for the purposes of paragraph 592(4)(a) of the Biosecurity Act do not provide for the reduction of a deposit relating to a fee‑bearing activity on account of the old fee or deposit.

Division 3—Miscellaneous