Document ID: chunk:federal_register_of_legislation:F2016L00717:clause:3_5
Version: federal_register_of_legislation:F2016L00717
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 16536–18494

5  Late payment fees
(1) This item applies in relation to:
 (a) a fee referred to in subparagraph 75(1)(a)(i) of Schedule 4 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015; or
 (b) a late payment fee referred to in subparagraph 75(1)(a)(ii) of that Schedule; or
 (c) a late payment fee referred to in subparagraph 75(1)(a)(iii) of that Schedule; or
 (d) a fee for which a demand for payment is made under subitem 3(2) of this Schedule; or
 (e) a quarantine charge for which a demand for payment is made under subitem 4(2) of this Schedule;
to which the Biosecurity Act applies as if the fee or charge were a cost‑recovery charge.
(2) Section 110 of the Biosecurity Regulation 2016 applies in relation to the cost‑recovery charge as if it were a cost‑recovery charge referred to in section 108 of that instrument.
(3) The person who is liable to pay any late payment fee under the Biosecurity Regulation 2016 in relation to the cost‑recovery charge is:
 (a) if the cost‑recovery charge was a fee referred to in paragraph (1)(a) or (b) of this item—the person referred to in paragraph 75(1)(d) of Schedule 4 to the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015; or
 (b) if the cost‑recovery charge was a fee referred to in paragraph (1)(c) of this item—the person referred to in paragraph 75(1)(e) of that Schedule; or
 (c) if the cost‑recovery charge was a fee referred to in paragraph (1)(d) of this item—the person who is liable to pay the fee under subitem 3(3) of this Schedule; or
 (d) if the cost‑recovery charge was a quarantine charge referred to in paragraph (1)(e) of this item—the person who is liable to pay the quarantine charge under subitem 4(3) of this Schedule.
Note: An agent of a person who is liable to pay a late payment fee under this item is jointly and severally liable with that person to pay the late payment fee (see section 112 of the Biosecurity Regulation 2016).