Dairy Products (Export Inspection Charge) Amendment Act 1984

Overview

The Dairy Products (Export Inspection Charge) Amendment Act 1984 was enacted to modify the existing framework established by the Dairy Products (Export Inspection Charge) Act 1982, addressing specific operational aspects of the export inspection charge for dairy products. This legislative amendment was introduced to ensure that the charge is levied on the appropriate party, in this case, the entity to whom a prescribed export permit has been issued, rather than on those who furnish an export notice. The Act was assented to on 25 October 1984 by the Queen, and it was passed by both the Senate and the House of Representatives of the Commonwealth of Australia. The policy objective appears to be the refinement of the charge mechanism to better align with the export permit system, thereby enhancing the efficiency and clarity of the export inspection charge process for dairy products.

Scope and Application

The Dairy Products (Export Inspection Charge) Amendment Act 1984 amends the existing Dairy Products (Export Inspection Charge) Act 1982, and primarily affects entities involved in the export of dairy products from Australia. This Act applies to individuals or entities that have been issued a prescribed export permit for the export of dairy products, thereby altering the criteria for those who are liable to pay the export inspection charge. It is important to note that the Act continues to apply to any dairy products for which an export notice was submitted prior to the Act's commencement. The Act applies on a national level, as it is a Commonwealth Act, thereby encompassing all states and territories within Australia. There are no stated exclusions, exemptions, or specific thresholds within the text of this Act, however, the Act may be further defined or extended by subordinate instruments or regulations that may specify additional details or criteria.

Key Provisions

The main operative sections of the Dairy Products (Export Inspection Charge) Amendment Act 1984 (sections 3 and 4) introduce changes to the payment of export inspection charges for dairy products. Section 3 modifies the Principal Act by altering the requirement for the charge from being payable by the entity "who furnishes an export notice" to being payable by the entity "to whom a prescribed export permit has been issued". This means that the charge will now be levied on the recipient of the export permit, rather than on the entity that initially provides the export notice. Section 4 ensures that the previous version of the Principal Act still applies to dairy products for which an export notice was submitted before the commencement of this amendment Act. The Act imposes specific obligations on the parties involved in the export of dairy products. Firstly, it requires that the export inspection charge be paid by the entity that receives the prescribed export permit, rather than by the entity that submits the export notice. This shift in responsibility means that the entity with the export permit must now ensure the charge is settled. Additionally, the Act mandates that the existing provisions of the Principal Act continue to apply to any dairy products for which an export notice was submitted prior to the commencement of this amendment Act, ensuring continuity and clarity for ongoing transactions. Under this Act, breaches of the stipulated obligations can lead to various consequences. While the specific penalties for non-compliance are not detailed within the provided excerpt, the Act implies that failure to meet the charge payment requirement could result in civil or administrative penalties. The exact nature and severity of these penalties would typically be outlined in the Principal Act or in related regulations. The enforcement of these penalties would depend on the regulatory authority responsible for overseeing the compliance with the Act’s provisions. In summary, the Dairy Products (Export Inspection Charge) Amendment Act 1984 introduces significant changes to the charge payment process for dairy product exports, shifting the responsibility from the entity furnishing an export notice to the entity receiving the prescribed export permit. It also ensures that the previous legislative framework remains applicable for certain ongoing transactions. The Act's provisions impose clear obligations on entities involved in the export of dairy products and implies that non-compliance could lead to civil or administrative penalties, although the specific penalties are not detailed in the provided text.