EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 378
Issued by the Authority of the Minister of State for Transport and Construction for and on behalf of the Minister of State for Primary Industry
DAIRY PRODUCTS (EXPORT INSPECTION CHARGE) REGULATIONS
The Dairy Products (Export Inspection Charge) Act 1982 (the Act) (Act No. 10, Assented to on 15 April 1982) provides for the imposition of charges aimed at recovering approximately fifty percent of the cost of the Government’s inspection program for dairy products exported from Australia.
Section 5 of the Act provides for a charge to be imposed on dairy products that are submitted for inspection for export from Australia. Section 6 of the Act provides for operative rates of charge to be set by regulation, subject to a maximum rate of $5.00 per tonne.
The proposed regulations are similar to other regulations already promulgated for meat, grains, dried fruit and fish. They establish the actual rate of charge to be imposed.
Details of the proposed regulations are:
Regulation 1 | - | citation |
Regulation 2 | - | commencement date of 1 January 1983 |
Regulation 3 | - | interpretations |
Regulation 4 | - | establishes the rate of charge applicable to classes of dairy products specified in the Schedule as follows |
Class of dairy products | Rate per tonne |
| $ |
| $ |
Butter packed in bulk or pat form..................................... | 2.50 |
Butter packed otherwise than in bulk or pat form........................... | 1.00 |
Butter fat products other than butter................................... | 1.00 |
Cheese packed in bulk............................................ | 2.50 |
Cheese packed otherwise than in bulk.................................. | 1.00 |
Concentrated, condensed and dried milk................................ | 0.50 |
All other dairy products........................................... | 1.00 |
|
It is estimated that, at the proposed rates, some $153,500 will be raised during the period 1 January 1983 to 30 June 1983. This is equivalent to approximately half the estimated total inspection costs for dairy products exported from Australia over the same period.
Overview
The Dairy Products (Export Inspection Charge) Act 1982 was enacted to address the need for a cost-recovery mechanism for the government's inspection program of dairy products exported from Australia. The Act was passed by the Australian Parliament to provide a legal basis for imposing charges on dairy products exported from Australia, ensuring that approximately half of the inspection costs are covered by the producers. The policy objective is to make the industry contribute to the cost of the inspection services it receives, thereby ensuring a fair and efficient allocation of resources.
The Act allows for the imposition of charges on dairy products submitted for inspection for export, with the rates set by regulation. The proposed regulations, similar to those for other agricultural products, establish specific rates for different classes of dairy products, aiming to raise approximately $153,500 during the period from 1 January 1983 to 30 June 1983, which is about half of the estimated total inspection costs for that period. This regulatory framework ensures that the inspection charges are both fair and adequate to cover the costs associated with ensuring the quality and safety of exported dairy products.
Scope and Application
The Dairy Products (Export Inspection Charge) Act 1982 applies to any person or entity submitting dairy products for export from Australia. This includes producers, exporters, and any intermediaries involved in the export process of dairy products. The Act is designed to ensure that approximately fifty percent of the cost of the Government’s inspection program for these products is recovered through the imposition of specified charges. The Act has a national reach, applying throughout Australia, and is administered at the Commonwealth level. The Act does not specify any exclusions or exemptions, though the rates of charge vary depending on the type and form of the dairy product being exported. Regulation 4 of the Act, as established by the accompanying regulations, specifies the applicable rates per tonne for different classes of dairy products. These rates are set to ensure the collection of revenue necessary to cover the inspection costs, with the maximum charge not exceeding $5.00 per tonne. The regulations further detail the commencement date of 1 January 1983 and provide interpretations necessary for the implementation of the Act.
Key Provisions
The main operative sections of the Dairy Products (Export Inspection Charge) Regulations 1982 (C2004L04277) establish a charge on dairy products exported from Australia. Section 5 of the Act (Section 5) stipulates that a charge must be imposed on dairy products submitted for export inspection. Section 6 (Section 6) allows for the establishment of operative rates of charge by regulation, with a maximum rate of $5.00 per tonne. The regulations set out the actual rate of charge, which varies according to the type and packaging of the dairy product. For instance, butter packed in bulk or pat form is charged $2.50 per tonne, while concentrated, condensed and dried milk is charged $0.50 per tonne.
The Act and its regulations impose several obligations on the parties involved. Exporters of dairy products are required to pay the specified inspection charge for each tonne of product they intend to export. This charge is intended to cover approximately half of the total inspection costs incurred by the government for the export of dairy products. The regulations provide clear guidelines on the amount to be charged for different classes of dairy products, ensuring consistency and transparency in the application of the charge.
Failure to comply with the requirements of the Dairy Products (Export Inspection Charge) Regulations 1982 may result in civil or criminal consequences. Although specific penalties are not detailed in the explanatory statement, it is implied that non-compliance could lead to enforcement actions under the relevant legislation. The maximum penalty for non-compliance with similar regulatory frameworks in other sectors, such as the meat and fish industries, typically involves fines and potential legal action. The precise penalties would be determined in accordance with the applicable laws and the severity of the breach.