EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 384
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
DRIED FRUIT (EXPORT INSPECTION CHARGE)
COLLECTION REGULATIONS (Amendment)
Section 9 of the Dried Fruit (Export Inspection Charge) Collection Act 1981 (the Act) provides for the Governor-General to make regulations required or permitted by, or necessary or convenient for carrying out or giving effect to, the Act or for facilitating the collection or recovery of any debt due to the Commonwealth under the Act.
The Export Control Act 1982 (Act No. 47, Assented to on 9 June 1982) is to come into operation on 1 January 1983. Under proposed regulations being made pursuant to this Act, to be known as the Export Control (General) Regulations, the existing Exports Regulations are to be repealed. As a consequence of the repeal of the Exports Regulations, references to them in the regulations which impose a charge or provide for the collection of that charge, must be omitted.
Paragraphs 4(2)(b) and 7(1)(a) of the Dried Fruit (Export Inspection Charge) Collection Regulations refer to an export permit issued to the exporter under the Exports (Dried Fruits) Regulations. The proposed amendment provides for the references to an export permit issued under the Exports (Dried Fruits) Regulations to be replaced by references to an export permit issued under regulation 22 of the Export Control (General) Regulations.
The proposed amendment is of an administrative nature only and will not involve the imposition of any additional requirements or costs on the industry concerned.
The proposed amendment will come into operation on 1 January 1983.
Overview
The Dried Fruit (Export Inspection Charge) Collection Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Minister of State for Transport and Construction, address the need to update regulatory references in the Dried Fruit (Export Inspection Charge) Collection Act 1981 in light of the impending repeal of existing Exports Regulations by the Export Control Act 1982. This amendment ensures that the regulatory framework remains coherent and functional as the new Export Control (General) Regulations are set to take effect. By replacing references to the old Exports (Dried Fruits) Regulations with references to the new Export Control (General) Regulations, the amendment aims to maintain the integrity of the regulatory process without imposing additional requirements or costs on the industry. The objective is to facilitate a smooth transition to the new regulatory environment, ensuring that the collection of export inspection charges for dried fruit remains efficient and compliant with the updated legislative framework.
Scope and Application
The Dried Fruit (Export Inspection Charge) Collection Regulations (Amendment) Statutory Rules 1982 apply to the collection of export inspection charges on dried fruit exports from Australia, specifically targeting the industry involved in the export of dried fruit. These regulations are necessitated by the repeal of the existing Exports Regulations, which are to be superseded by the Export Control (General) Regulations under the Export Control Act 1982. The amendments update references in the Dried Fruit (Export Inspection Charge) Collection Regulations to align with the new regulatory framework, ensuring that charges and collection processes remain consistent with the changes in export permit regulations. The amendments are purely administrative, aiming to facilitate the transition without imposing additional requirements or costs on the industry. The changes will come into effect on 1 January 1983, coinciding with the operation of the new Export Control Act and its associated regulations.
Key Provisions
The Dried Fruit (Export Inspection Charge) Collection Regulations (Amendment) primarily focuses on updating references within the existing regulations to align with the new Export Control (General) Regulations, which are set to replace the existing Exports Regulations. Specifically, section 9 of the Dried Fruit (Export Inspection Charge) Collection Act 1981 mandates that the Governor-General may make regulations necessary for carrying out or giving effect to the Act. This amendment to the regulations is intended to ensure that references to an export permit under the Exports (Dried Fruits) Regulations are replaced with references to an export permit under regulation 22 of the Export Control (General) Regulations. This change is purely administrative and is intended to maintain consistency and coherence in the regulatory framework as the new Export Control Act 1982 comes into effect.
The obligations and requirements imposed by this amendment are minimal as it does not introduce new or additional burdens on the industry. Instead, it seeks to streamline the regulatory process by updating references in the Dried Fruit (Export Inspection Charge) Collection Regulations to reflect the changes in the broader export control framework. Exporters of dried fruit will need to ensure that they are aware of and compliant with the updated references in the regulations, particularly in relation to obtaining the necessary export permits. This will require them to familiarise themselves with the new Export Control (General) Regulations and understand how these interact with the Dried Fruit (Export Inspection Charge) Collection Regulations.
The regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, the failure to comply with the requirements of the Dried Fruit (Export Inspection Charge) Collection Regulations, including the updated references to the Export Control (General) Regulations, could potentially result in the inability to export dried fruit legally. This could have significant financial and operational implications for exporters. While the amendment itself does not introduce new penalties, existing provisions under the Dried Fruit (Export Inspection Charge) Collection Act 1981 or other related legislation may apply to non-compliance. These could include fines or other civil or administrative penalties as prescribed by the relevant laws.