Animal Products Act 1999

Cost recovery

123: Penalties for failure to pay fee, levy, or charge

You could also call this:

"What happens if you don't pay fees or charges on time"

If you do not pay a fee, levy, or charge on time, you will have to pay more. This is because section 14 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 applies. The Director-General can also decide not to charge you the extra amount if they think it is fair.

The Director-General can stop providing you with a service if you do not pay what you owe. They can also stop you from getting an approval or registration under the Animal Products Act. This includes stopping you from exporting or operating a risk management programme.

If the Director-General has to do extra work because you did not pay, you will have to pay for that work. This can include making sure animal products are safe. You will have to pay the Director-General back for the extra work they did.

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122: Fees, levies, and charges to constitute debt due to Director-General, or

"Unpaid fees and charges are debts you owe to the government."


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124: Obligation to pay fee, levy, or charge not suspended by dispute, or

"You must pay fees, levies, or charges even if you disagree with them."

Part 9Cost recovery

123Penalties for failure to pay fee, levy, or charge

  1. Where a person has failed to pay to the Director-General by the due date any fee, levy, or charge payable under this Part,—

  2. section 14 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 applies to increase the amount payable; and
    1. section 15 of that Act applies to allow the Director-General, in appropriate cases, to waive the payment of all or any of the amount of any such increase; and
      1. section 16 of that Act applies to allow the Director-General to withdraw, or refuse to provide the person in default with, any service of the kind to which the debt relates.
        1. For the purposes of subsection (1)(c) of this section and section 16 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997, and without limiting the generality of that section 16, the references in those provisions to the withdrawal or refusal to provide any service are to be treated as also authorising the Director-General, in an appropriate case, to—

        2. withhold or suspend any approval under this Act, or refuse to perform any function under this Act in relation to the person in default:
          1. withhold the registration of any exporter or risk management programme, or the listing of any homekill or recreational catch service provider, under this Act, or require the suspension of any relevant operations of the exporter or operator of the risk management programme:
            1. withhold any official assurance.
              1. Where the withdrawal of any approval or registration under this section, or any suspension of operations, requires the Director-General to provide any further service, perform any further function, or incur any further costs in the interests of ensuring the fitness for intended purpose of the animal product involved in the withdrawal or suspension, the Director-General may recover any reasonable amount for the additional service, function, or costs as a debt due from the person who owns or is responsible for the operation concerned.