Export Inspection (Quantity Charge) Act 1985 (Cth)
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Export Inspection (Quantity Charge) Act 1985 .
(1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.
Subject to section 4, the
Export Inspection Charges Collection Act 1985 is incorporated, and shall be read as one, with this Act.
(1) In this Act, unless the contrary intention appears:
can means an hermetically sealed covering made of metal or glass, or of a material, or a material included in a class of materials, that is approved, in writing, by the Secretary or by a person who is authorized, in writing, by the Secretary to give such an approval.charge means charge imposed by this Act.container system unit means a container designed for repeated use as a unit of cargo handling equipment in the transportation of cargo on a ship or aircraft.covering means a bottle, box, capsule, case, container, frame, stopper or wrapper.prescribed goods has the same meaning as in theExport Control Act 1982 .(2) Without limiting, by implication, the manner in which a class of prescribed goods may be described for the purposes of this Act or the regulations, a class of prescribed goods may be described, in whole or in part, by reference to all or any of the following:
(a) the form in which the prescribed goods are intended to be exported;
(b) the class of establishment at which the prescribed goods were prepared;
(c) the manner in which the prescribed goods are packed for export;
(d) the level of inspection that is applicable to the prescribed goods under export control orders;
(e) whether an approval of a quality control system plan is in force under export control orders in relation to the prescribed goods.
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.
(1) Charge is imposed on prescribed goods in respect of which an export permit is granted, whether or not that permit is also granted in respect of other prescribed goods.
(1D) Subsection (1) does not apply to prescribed goods in respect of which an export permit is granted if:
(a) another export permit has previously been granted in respect of the goods, whether or not that other permit was also granted in respect of other goods;
(b) that other export permit has been accidentally lost or accidentally destroyed; and
(c) the first‑mentioned export permit was granted by way of replacement of that other export permit.
(2) Subsection (1) does not apply to a class of prescribed goods that is exempt from charge under the regulations.
(3) A reference in this section to a notice of intention to export prescribed goods is a reference to a notice of the kind referred to in section 6 of the
Export Control Act 1982 .
(1) The rate of charge (if any) in respect of a prescribed good is the rate prescribed by the regulations for that good.
Note: The regulations may prescribe different rates of charge for different classes of prescribed goods (see subsection 13(3) of the
Legislation Act 2003 ).(2) However, the rate of charge in respect of grain must not exceed:
(a) $5 per tonne, when shipped for export in a container system unit; and
(b) $1 per tonne, in any other case.
Disregard any covering’s weight or volume (1) For the purposes of this Act, if:
(a) the amount of charge in respect of a prescribed good is calculated by reference to weight or volume; and
(b) the prescribed good is, or is to be, packed in a covering;
disregard the weight or volume of the covering when calculating the weight or volume of the prescribed good.
Prescribed goods in a covering (other than can) (2) For the purposes of this Act, if a covering (other than a can) contains one or more prescribed goods and other matter, disregard the other matter when calculating the charge payable in respect of the prescribed goods. The total amount of charge payable is:
(a) if the covering contains a single prescribed good—the amount of charge payable in respect of that good; and
(b) otherwise—the sum of the amounts of charge payable in respect of each of the prescribed goods.
Single prescribed good in a can (3) For the purposes of this Act, if a can contains a single prescribed good and other matter:
(a) treat the can as containing only the prescribed good; and
(b) calculate the amount of charge payable in respect of the prescribed good as if its weight and volume were the weight and volume of the contents of the can.
Several prescribed goods in a can—rate calculated by weight (4) For the purposes of this Act, if:
(a) a can contains more than one prescribed good, whether or not it also contains other matter; and
(b) the rate of charge in respect of at least one of the prescribed goods is calculated by reference to weight;
then:
(c) treat the can as containing only the prescribed good (the
relevant good ) that comprises the largest proportion of the total weight of the contents of the can; and(d) calculate the amount of charge payable in respect of the relevant good as if its weight were the weight of the contents of the can.
(5) For the purposes of this Act, if in the circumstances described in paragraphs (4)(a) and (b), no prescribed good in the can exceeds the weight of the others because 2 or more prescribed goods in the can (the
major goods ) are of equal weight, then:
(a) if the rate of charge in respect of one of the major goods is lower than the rate in respect of any of the others:
(i) treat the can as containing only that major good; and
(ii) calculate the amount of charge payable in respect of that major good as if its weight were the weight of the contents of the can; and
(b) otherwise—treat the can as containing only those major goods, and calculate the amount of charge payable in respect of them as if their combined weight were the weight of the contents of the can.
Several prescribed goods in a can—rate calculated by volume (6) For the purposes of this Act, if:
(a) a can contains more than one prescribed good, whether or not it also contains other matter; and
(b) the rate of charge in respect of each of the prescribed goods is calculated by reference to volume;
then:
(c) treat the can as containing only the prescribed good (the
relevant good ) that comprises the largest proportion of the total volume of the contents of the can; and(d) calculate the amount of charge payable in respect of the relevant good as if its volume were the volume of the contents of the can.
(7) For the purposes of this Act, if in the circumstances described in paragraphs (6)(a) and (b), no prescribed good in the can exceeds the volume of the others because 2 or more prescribed goods in the can (the
major goods ) are of equal volume, then:
(a) if the rate of charge in respect of one of the major goods is lower than the rate in respect of any of the others:
(i) treat the can as containing only that major good; and
(ii) calculate the amount of charge payable in respect of that major good as if its volume were the volume of the contents of the can; and
(b) otherwise—treat the can as containing only those major goods, and calculate the amount of charge payable in respect of them as if their combined volume were the volume of the contents of the can.
Special rules for the above subsections (8) For the purposes of this section:
(a) treat as a single prescribed good 2 or more prescribed goods that are in the same class of prescribed goods; and
(b) if alternative rates of charge are prescribed for a prescribed good (one by reference to weight and the other to volume), then disregard the rate that would result in the greater amount of charge payable; and
(c) when working out the volume of the contents of a can, disregard any gaseous matter in the can.
Note: Paragraph (a) means, for example, that when this section refers to more than one prescribed good it is referring to goods that together fall within more than one class of prescribed goods.
The charge on prescribed goods in respect of which an export permit is granted is payable by the person in whose name that permit is granted.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular:
(c) exempting a class or classes of prescribed goods from charge; and
(d) prescribing different rates of charge in respect of different classes of prescribed goods.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Export Inspection Charge Act 1985 | 26, 1985 | 22 May 1985 | s 1 and 2: 22 May 1985 Remainder: 1 July 1985 (gaz 1985, No S228) | |
Export Inspection Charges (Miscellaneous Amendments) Act 1985 | 115, 1985 | 21 Oct 1985 | 1 Jan 1986 (gaz 1985, No S560) (s 2) | — |
Export Inspection (Quantity Charge) Amendment Act 1989 | 33, 1989 | 24 May 1989 | 21 June 1989 | — |
Export Inspection Charges Laws Amendment Act 1993 | 101, 1993 | 22 Dec 1993 | 1 Jan 1994 (s 2) | — |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1995 | 133, 1995 | 14 Nov 1995 | Sch 1: 14 Nov 1995 (s 2(1)) | Sch 1 (item 3) |
Export Inspection (Quantity Charge) Amendment Act 2014 | 38, 2014 | 25 June 2014 | 25 June 2014 (s 2(1) items 1, 2) | Sch 1 (items 18, 19) |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 207): 5 Mar 2016 (s 2(1) item 2) | — |
Statute Law Revision Act (No. 2) 2015 | 145, 2015 | 12 Nov 2015 | Sch 3 (item 17): 10 Dec 2015 (s 2(1) item 7) | — |
Omnibus Repeal Day (Autumn 2015) Act 2016 | 47, 2016 | 5 May 2016 | Sch 1 (item 29): 6 May 2016 (s 2(1) item 2) | — |
Statute Update (Autumn 2018) Act 2018 | 41, 2018 | 22 May 2018 | Sch 4 (item 5): 19 June 2018 (s 2(1) item 4) | — |
Title....................................... | am No 38, 2014 |
s 1......................................... | am No 115, 1985 |
s 3......................................... | am No 115, 1985; No 101, 1993; No 38, 2014; No 47, 2016 |
s 4......................................... | am No 115, 1985; No 38, 2014 |
s 5......................................... | rs No 145, 2015 |
am No 41, 2018 | |
s 6......................................... | am No 115, 1985; No 33, 1989; No 133, 1995; No 38, 2014 |
s 7......................................... | am No 33, 1989 |
rs No 38, 2014 | |
am No 126, 2015 | |
s 8......................................... | rs No 38, 2014 |
s 9......................................... | am No 38, 2014 |
s 10........................................ | am No 38, 2014 |
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