EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 173
Issued by the Authority of the Minister for Primary Industry
DRIED FRUIT (EXPORT INSPECTION CHARGE) ACT 1981
DRIED FRUIT (EXPORT INSPECTION CHARGE) REGULATIONS (AMENDMENT)
The Dried Fruit (Export Inspection Charge) Act 1981 provides for the Governor-General to make regulations for the purpose of imposing a charge on dried fruit inspected for export. The Act provides that regulations may prescribe different rates of charge for different classes of dried fruit provided they do not exceed the maximum rate of charge set in the Act. Currently, the maximum charge allowable is $11.00 per tonne.
The Dried Fruit (Export Inspection Charge) Regulations prescribe the operative rates of charge applicable to 2 classes of dried fruit inspected for export. The operative rates were first set to take effect from 1 July 1981 at a level to recover half the estimated cost of dried fruit inspection at that time. Dried fruit export inspection charges have not been increased since then.
The proposed charges have been determined taking into account cost increases since 1981 with a view to achieving 50% recovery of costs incurred during the remainder of 1983/84, in line with Government policy. The proposed charges are based on expected exports and inspection costs for the 1983/84 financial year and take into account changes in inspection procedures since 1981. If charges continued at the current level for the full year it is estimated that only 40% of dried fruit export inspection costs would be recouped.
The current charges and proposed new charges are as follows:
Class of Dried Fruit | Current Charge ($/tonne) | Proposed Charge ($/tonne) |
Dried tree fruit | 5.50 | 6.50 |
Dried vine fruit | 5.50 | 6.50 |
The proposed regulation replaces the Schedule to the Dried Fruit (Export Inspection Charge) Regulations to enable implementation of the increased export inspection charges. The increased charges are to come into effect from 1 October 1983.
Overview
The Dried Fruit (Export Inspection Charge) Act 1981 was enacted by the Parliament of Australia to address the need for a structured charge for the inspection of dried fruit intended for export. This legislation allows the Governor-General to establish regulations that impose a charge on dried fruit inspected for export, ensuring that the rates set do not exceed the maximum charge stipulated in the Act, currently set at $11.00 per tonne. The policy objective behind this Act is to ensure that the cost of inspection is sufficiently covered by the charges levied, thereby maintaining the quality and integrity of the dried fruit export industry. The Dried Fruit (Export Inspection Charge) Regulations (Amendment) aims to adjust the operative rates of charge to better reflect current costs and inspection procedures, ensuring a more accurate recovery of expenses as per government policy.
Scope and Application
The Dried Fruit (Export Inspection Charge) Act 1981 applies to the imposition of a charge on dried fruit inspected for export, affecting entities involved in the export of dried fruit within Australia. The Act mandates that regulations can set different rates of charge for various classes of dried fruit, provided these charges do not exceed the maximum allowable rate, currently set at $11.00 per tonne. The legislation applies nationally, but its enforcement and the collection of charges fall under the purview of the Commonwealth. The Dried Fruit (Export Inspection Charge) Regulations (Amendment) specify the operative rates of charge for two classes of dried fruit, which have not been adjusted since the original implementation in 1981. The amendment to the regulations proposes new charges to take effect from 1 October 1983, aiming to achieve 50% recovery of inspection costs for the remainder of the 1983/84 financial year. This amendment addresses the shortfall in cost recovery that would occur if charges remained at the original levels. The new charges, set at $6.50 per tonne for both dried tree fruit and dried vine fruit, reflect cost increases and changes in inspection procedures since the initial implementation of the Act.
Key Provisions
The Dried Fruit (Export Inspection Charge) Regulations (Amendment) establish new rates of export inspection charges for dried fruit, effective from 1 October 1983. Section 4 of the Act permits the Governor-General to make regulations prescribing different rates of charge for different classes of dried fruit, provided these do not exceed the maximum allowable charge set in the Act, which is currently $11.00 per tonne. The current regulations outline specific charges for two classes of dried fruit: dried tree fruit and dried vine fruit. Currently, these classes are subject to a charge of $5.50 per tonne, but the amendment proposes to increase this charge to $6.50 per tonne for both classes, as detailed in the explanatory statement.
The amendment imposes obligations on exporters of dried fruit to adhere to the new inspection charge rates specified in the regulations. Exporters must ensure that the appropriate charge is applied and paid for each tonne of dried fruit exported, as per the new rates set out in the regulations. This requirement ensures that the regulatory framework for export inspection charges remains current and reflects the actual costs associated with the inspection process. Compliance with these regulations is crucial for maintaining the integrity of the export inspection system and ensuring that sufficient funds are available to cover the costs of inspection activities.
Failure to comply with the new inspection charge rates can result in legal consequences. Section 9 of the Act outlines the penalties for non-compliance, which may include fines or other sanctions as determined by the relevant authorities. The specific penalties are not detailed in the explanatory statement, but it is clear that there are civil or criminal consequences for breaches of the regulations. The maximum penalties would depend on the nature and severity of the breach, as well as any applicable provisions within the broader legislative framework governing export activities in Australia. Adherence to the new rates is therefore essential to avoid potential legal repercussions.