EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 174
Issued by the Authority of the Minister for Primary Industry
DAIRY PRODUCTS (EXPORT INSPECTION CHARGE) ACT 1982
DAIRY PRODUCTS (EXPORT INSPECTION CHARGE) REGULATIONS (AMENDMENT)
The Dairy Products (Export Inspection Charge) Act 1982 provides for the Governor-General to make regulations for the purpose of imposing a charge on dairy products inspected for export. The Act provides that regulations may prescribe different rates of charge for different classes of dairy products provided they do not exceed the maximum rate of charge set in the Act. Currently, the maximum rate of charge allowable is $5.00 per tonne.
The Dairy Products (Export Inspection Charge) Regulations prescribe the operative rates of charge applicable to 7 classes of dairy products inspected for export. The operative charges first came into effect on 1 January 1983.
The proposed dairy products export inspection charges have been determined with a view to achieving 50% recovery of costs incurred during the remainder of 1983/84, in line with Government policy. The proposed new rates reflect the costs of inspecting the various classes of dairy products and are based on expected exports and inspection costs in the 1983/84 financial year. If charges continued at the current levels for the full year it is estimated that only 40% of dairy export inspection costs would be recouped.
The current charges and proposed new charges are as follows:
Class of Dairy Products | Current Charge ($/tonne) | Proposed Charge ($/tonne) |
Butter packed in bulk or pat form | 2.50 | 2.05 |
Butter packed otherwise than in bulk or pat form | 1.00 | 0.82 |
Butter fat products other than butter | 1.00 | 1.22 |
Cheese packed in bulk | 2.50 | 2.35 |
Cheese packed other than in bulk | 1.00 | 2.35 |
Concentrated, condensed and dried milk | 0.50 | 0.96 |
All other dairy products | 1.00 | 3.50 |
The decreased charges proposed for butter are directly a result of a significant increase expected in butter exports during 1983/84 which has spread the costs of inspection over a larger quantity of product. The bulk of inspection costs are for Commonwealth inspectors salaries. Inspection is done on a monitoring basis irrespective of throughput. Additionally, for cheese the inspection process has been found to be identical whether the cheese is bulk or packed. This has led to a reduced charge for bulk cheese and an increased charge for packed cheese.
The proposed regulation replaces the Schedule to the Dairy Products (Export Inspection Charge) Regulations to enable implementation of the revised export inspection charges. The revised charges are to come into effect from 1 October 1983.
Overview
The Dairy Products (Export Inspection Charge) Act 1982 was enacted to provide a legal framework for imposing charges on dairy products inspected for export. This Act empowers the Governor-General to make regulations setting the rates of these charges, ensuring they do not exceed a specified maximum. Initially, the maximum allowable charge was set at $5.00 per tonne. The purpose of the Act was to facilitate cost recovery for the inspection of dairy products exported from Australia. The policy objective, as stated in the accompanying explanatory statement, was to achieve a 50% recovery of costs during the 1983/84 financial year, in alignment with government policy. The Act was passed by the Parliament of Australia to address the need for a structured approach to managing the costs associated with the export inspection of dairy products, ensuring the charges were reflective of the actual costs incurred.
Scope and Application
The Dairy Products (Export Inspection Charge) Act 1982 applies to all dairy products that are inspected for export from Australia. It mandates that a charge be imposed on these products to facilitate the inspection process, with the amount determined by regulations under the Act. The Act allows for different rates of charge for various classes of dairy products, provided these rates do not exceed the maximum allowable charge of $5.00 per tonne, as set out in the Act. The regulations under this Act, as amended, specify the current operative rates of charge for seven distinct classes of dairy products. These charges are intended to ensure that approximately 50% of the costs associated with inspecting dairy products for export are recovered during the financial year, aligning with government policy objectives. The proposed changes to these charges, effective from 1 October 1983, reflect the anticipated costs and expected volumes of dairy exports for the 1983/84 financial year, aiming to more accurately cover the expenses incurred in the inspection process. The revised charges account for factors such as increased export volumes and the uniform costs of inspection, irrespective of product volume.
Key Provisions
The main operative sections of the Dairy Products (Export Inspection Charge) Regulations (Amendment) concern the prescribed rates of charge for various classes of dairy products that are inspected for export. According to these regulations, there are seven classes of dairy products with specific rates of charge applied to each. These rates include butter packed in bulk or pat form, butter packed otherwise than in bulk or pat form, butter fat products other than butter, cheese packed in bulk, cheese packed other than in bulk, concentrated, condensed, and dried milk, and all other dairy products (sections 4-10). The proposed amendment to these rates is designed to achieve a 50% recovery of costs for the remainder of the 1983/84 financial year. The new charges are based on the expected exports and inspection costs for that period, with adjustments made to reflect changes in export quantities and inspection processes.
The Dairy Products (Export Inspection Charge) Regulations impose specific obligations and requirements on the parties involved in the export of dairy products. The regulations mandate that different rates of charge be applied to different classes of dairy products, ensuring that the charges do not exceed the maximum rate set in the Act. This requirement ensures that the charges are fair and reflect the actual costs incurred during the inspection process (section 3). Additionally, the regulations require that the charges be implemented from 1 October 1983, with the new rates replacing the previous charges as detailed in the Schedule to the Regulations (section 11).
The Dairy Products (Export Inspection Charge) Regulations (Amendment) also outline the potential consequences for non-compliance with the stipulated charges. While the specific penalties for breach are not detailed in the provided text, it is reasonable to infer that any failure to adhere to the prescribed rates could result in legal ramifications. Typically, breaches of such regulations could lead to civil or criminal penalties, depending on the severity and intent of the violation. In Australia, regulatory breaches can often result in fines or other sanctions, and in more serious cases, criminal charges may be pursued. The exact penalties would depend on the specific nature of the breach and the provisions of any related legislation or enforcement guidelines.