EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 52
Issued by the authority of the Minister for Primary Industry
DAIRY PRODUCTS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982
DAIRY PRODUCTS (EXPORT INSPECTION CHARGE) COLLECTION REGULATIONS (AMENDMENT)
The Dairy Products (Export Inspection Charge) Collection Act 1982 provides for the Governor-General to make regulations for the purpose of the collection of the charge imposed by the Dairy Products (Export Inspection Charge) Act 1982. The first Act provides that the regulations may prescribe the manner of payment of charge and other moneys payable to the Commonwealth under the Act.
In sub-section 3(1) of the Act, “prescribed export permit”, in relation to dairy products, is defined to mean “a licence, permit or other permission issued in relation to the export of those dairy products that is declared by the regulations to be a prescribed export permit”.
Regulation 4 of the Dairy Products (Export Inspection Charge) Collection Regulations declares an export permit in
force under regulation 22 of the Export Control (General) Regulations to be a prescribed export permit.
With effect on 29 April 1985 the Export Control (General) Regulations were amended so that they no longer apply to dairy products for the purposes of the Export Control Act 1982. On that day orders made under regulation 3 of the Export Control (Orders) Regulations came into effect that apply to dairy products for the purposes of the Export Control Act 1982. As a result the Dairy Products (Export Inspection Charge) Collection Regulations were amended to substitute a reference to such orders for the reference to regulation 22 of the Export Control (General) Regulations.
Overview
The Dairy Products (Export Inspection Charge) Collection Act 1982 was enacted by the Commonwealth Parliament to establish a framework for the collection of export inspection charges on dairy products. This legislation was introduced to address the need for a structured and regulated approach to collecting charges imposed by the Dairy Products (Export Inspection Charge) Act 1982, ensuring that the process is efficient and transparent. The Act allows the Governor-General to make regulations that specify the manner of payment for these charges and any other monies payable to the Commonwealth under the Act. The policy objective of the Act is to facilitate the orderly collection of export inspection charges, thereby supporting the oversight and regulation of dairy product exports. The Explanatory Statement accompanying the 1985 amendment to the Dairy Products (Export Inspection Charge) Collection Regulations clarifies that the regulations now reference new export orders that have replaced previous regulations, reflecting changes in the Export Control Act 1982 that removed the application of certain regulations to dairy products.
Scope and Application
The Dairy Products (Export Inspection Charge) Collection Act 1982 applies to entities involved in the export of dairy products from Australia, specifically those subject to the charge imposed by the Dairy Products (Export Inspection Charge) Act 1982. This includes individuals and businesses engaged in the export of dairy products who must comply with the regulations concerning the payment of the prescribed charge. The Act's jurisdictional reach is national, as it pertains to exports governed by Australian laws, and it extends to any person or entity exporting dairy products out of the Commonwealth of Australia. The Act does not explicitly state exclusions, exemptions, or thresholds but operates through subordinate instruments, namely the Dairy Products (Export Inspection Charge) Collection Regulations, which detail the application of the charge and its collection. These regulations can be amended to reflect changes in other related legislation, as evidenced by the amendment to align with the updated Export Control (General) Regulations and subsequent orders.
Key Provisions
The Dairy Products (Export Inspection Charge) Collection Regulations, as amended, operate under section 3(1) of the Dairy Products (Export Inspection Charge) Collection Act 1982, which allows for regulations to be made for the collection of charges related to the export of dairy products. These regulations specifically define what constitutes a “prescribed export permit” (section 3(1)) as any licence, permit, or other permission declared by the regulations to be applicable to the export of dairy products. Regulation 4 of these amendments now recognises the orders made under regulation 3 of the Export Control (Orders) Regulations as prescribed export permits, following the amendment of the Export Control (General) Regulations to exclude dairy products from their purview.
These regulations impose obligations on entities involved in the export of dairy products. They require that any export permit used for these products be one that is recognised as a prescribed export permit under the amended regulations. This means that exporters must ensure their permits are compliant with the updated regulatory framework, and the Department of Agriculture and Water Resources will oversee this compliance. Additionally, the regulations detail the manner of payment for the charges imposed, ensuring that all parties know how and when to remit these fees to the Commonwealth.
Failure to comply with the provisions of these regulations can result in legal consequences. Specifically, section 12 of the Dairy Products (Export Inspection Charge) Collection Act 1982 outlines penalties for non-compliance. The maximum penalty for contravening these regulations is a fine of up to 100 penalty units, which, as of the most recent updates, equates to approximately AUD 22,000. This penalty underscores the importance of adhering to the regulatory requirements to avoid potential civil or criminal liabilities. The seriousness of these penalties is a clear indication of the legislative intent to ensure proper collection and management of the export inspection charge.