Document ID: chunk:federal_register_of_legislation:F2025C00104:front:0:p3
Version: federal_register_of_legislation:F2025C00104
Segment Type: other
Provision Reference: 
Character Range: 5933–8809

that Territory.
Note: The Export Control Act 2020 and the Export Control (Fish and Fish Products) Rules 2021 extend to the Territory of Heard Island and McDonald Islands and the areas referred to in paragraphs (b) and (c) of this subsection (see section 1‑4 of the Export Control (Fish and Fish Products) Rules 2021).

1‑5  Simplified outline of this instrument

      General
      This instrument prescribes matters relating to cost recovery for the purposes of Part 4 of Chapter 11 of the Export Control Act 2020 (the Act).
      Part 2 of this instrument prescribes fees that may be charged in relation to specified fee‑bearing activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under the Act.
      Part 3 of this instrument prescribes certain matters relating to the payment of specified cost‑recovery charges. A cost‑recovery charge is:
             (a) a fee prescribed by Part 2 of this instrument; or
             (b) a charge imposed by the Export Charges (Imposition—Customs) Act 2015, the Export Charges (Imposition—Excise) Act 2015 or the Export Charges (Imposition—General) Act 2015; or
             (c) a late payment fee relating to a fee or a charge described in paragraph (a) or (b).
      A cost‑recovery charge is due and payable when a demand for payment of the charge is made.
      A cost‑recovery charge is payable by the person, or persons, prescribed by section 3‑2 of this instrument.
      An agent of a person liable to pay a cost‑recovery charge is jointly and severally liable with that person to pay the charge and the agent may recover an amount equivalent to the charge from the person as a debt due to the agent.
      If a basic charge is not paid at or before the time the basic charge is due and payable, a late payment fee is imposed in addition to the basic charge.
      Extension to Norfolk Island and Territory of Heard Island and McDonald Islands
      This instrument extends to Norfolk Island and the Territory of Heard Island and McDonald Islands and certain areas adjacent to those Territories.

Division 2—Interpretation

1‑6  Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) animal reproductive material;
(b) approved export program;
(c) Commonwealth authorised officer;
(d) cost‑recovery charge;
(e) export operations;
(f) fee‑bearing activities;
(g) government certificate;
(h) late payment fee;
(i) registered establishment;
(j) State or Territory authorised officer;
(k) tariff rate quota certificate;
(l) third party authorised officer.
  In this instrument:
Act means the Export Control Act 2020, and includes:
 (a) legislative instruments made under the Export Control Act 2020; and
 (b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.
Animals