EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 381
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
EDIBLE OILS (EXPORT INSPECTION CHARGE) COLLECTION REGULATIONS
The Edible Oils (Export Inspection Charge) Collection Act 1982 (the Act) (Act No. 13, Assented to on 15 April 1982) provides for the Government to collect charges imposed by the Edible Oils (Export Inspection Charge) Act 1982. These charges are aimed at recovering approximately fifty percent of the cost of the Government’s inspection program for edible oils exported from Australia.
Section 6 of the Act provides for the recovery of the amount of charge that is due for payment and also for the recovery of the charge and an amount payable by way of penalty where payment of the charge has not been made by the due date. Section 11 enables regulations to be made with respect to the manner of payment of the charge, the remission of refund of charge in specified circumstances, the keeping of records, the furnishing of returns, the form of warrant relating to access to premises and penalties not exceeding $200.
The proposed regulations are similar to other collection regulations already promulgated for meat, grains, dried fruit and fish. They provide the mechanism for the collection of the charge provided for in the Edible Oils (Export Inspection Charge) Regulations.
Details of the proposed regulations are:
Regulation 1 | - | citation |
Regulation 2 | - | commencement date of 1 January 1983 |
Regulation 3 | - | interpretations |
Regulation 4 | - | provides for the conditions and restrictions specified in the Exports (Dairy Produce) Regulations as in force on 31 December 1982 to be specified matters which have to be certified on an export notice |
Regulation 5 | - | provides for a copy of a certified notice to be served either by personal delivery or by post |
Regulation 6 | - | establishes the place at which the charge shall be paid |
Regulation 7 | - | provides for a return to be furnished and prescribes the details which must be included in the return |
Regulation 8 | - | relates to the signing of returns by the exporter or his agent and the lodgement of the return within 28 days after the month in which the notice is served |
Regulation 9 | - | provides for the instrument in Schedule 1 to be used for such appointments |
Regulation 10 | - | provides for the keeping of appropriate records and precribes specific details to be included. Provision is made for the imposition of a penalty of $200 if an exporter fails to return copies of returns furnished for a period of 3 years |
Regulation 11 | - | establishes the form of warrant for authorised persons to enter premises |
Overview
The Edible Oils (Export Inspection Charge) Collection Act 1982 was enacted to facilitate the collection of charges by the government, specifically to recover approximately fifty percent of the cost associated with the inspection program for edible oils exported from Australia. The Act was assented to on 15 April 1982, and its provisions are designed to enforce the collection of charges as stipulated by the Edible Oils (Export Inspection Charge) Act 1982. The Act was issued by the Minister of State for Transport and Construction on behalf of the Minister of State for Primary Industry, and it aims to ensure that the necessary funds are collected to maintain the inspection regime for exported edible oils.
The Act authorises the recovery of charges due for payment and includes provisions for the recovery of penalties where charges are not paid by the stipulated due date. Additionally, it empowers the creation of regulations concerning the payment process, refund conditions, record-keeping, and the format of warrants for accessing premises. These regulations are intended to mirror those already in place for other agricultural exports such as meat, grains, dried fruit, and fish, ensuring a consistent approach to charge collection across different sectors. The Act thus addresses a specific legislative gap by providing a structured mechanism for collecting export inspection charges for edible oils.
Scope and Application
The Edible Oils (Export Inspection Charge) Collection Regulations 1982, made under the Edible Oils (Export Inspection Charge) Collection Act 1982, govern the collection of export inspection charges for edible oils exported from Australia. These regulations apply to all entities, including individuals and businesses, that export edible oils from Australia and are responsible for ensuring that the charges imposed by the Act are collected and paid. The Act has a national reach, applying across the Commonwealth of Australia, and its regulations extend to the processes and procedures for collecting the charges, including the method of payment, record-keeping, and the furnishing of returns. Notably, the Act does not specify any exclusions or exemptions from the charge, thus applying broadly to all exporters of edible oils. The regulations also allow for the creation of subordinate instruments to further detail specific aspects of the charge collection, such as penalties for non-compliance, and provide for the form of warrant that allows authorised persons to enter premises for inspection purposes.
Key Provisions
The main operative sections of the Edible Oils (Export Inspection Charge) Collection Regulations 1982 (the Regulations) outline the requirements for collecting the export inspection charge for edible oils. Section 6 of the Act mandates the recovery of the due charges and any applicable penalties for non-payment by the due date. Section 11 allows for regulations regarding payment methods, refunds, record-keeping, return submissions, and penalties not exceeding $200. The Regulations provide the framework for these requirements by detailing the processes and conditions under which the charge is collected, certified, and paid.
The Regulations impose several obligations on the parties involved. Exporters of edible oils must certify that their export notices meet the conditions and restrictions specified in the Exports (Dairy Produce) Regulations as in force on 31 December 1982. They are also required to serve a copy of the certified notice to the relevant authorities either by personal delivery or by post, as specified in Regulation 5. Furthermore, Regulation 6 establishes that the charge must be paid at a designated location, while Regulation 7 mandates that a return, including specific details, must be furnished within 28 days after the notice is served. Exporters are also obligated to maintain appropriate records, as outlined in Regulation 10, which must include specific details and be kept for a period of three years.
Failure to comply with the provisions of the Regulations can result in civil consequences. For instance, Regulation 10 stipulates a penalty of $200 for exporters who do not return copies of the required returns for the mandated period of three years. Additionally, Regulation 11 sets the form of warrant that authorised persons must use when entering premises to enforce compliance. These penalties and requirements are designed to ensure that the export inspection charge is collected efficiently and that the government's inspection program for exported edible oils is adequately funded.