EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 189
Issued by the Authority of the Minister for Primary Industry
EDIBLE OILS (EXPORT INSPECTION CHARGE) ACT 1982
EDIBLE OILS (EXPORT INSPECTION CHARGE) REGULATIONS (AMENDMENT)
The Edible Oils (Export Inspection Charge) Act 1982 provides for the Governor-General to make regulations for the purpose of imposing a charge on edible oils inspected for export. The Act provides that regulations may prescribe different rates of charge for different classes of edible oils provided they do not exceed the maximum charge set in the Act. Currently, the maximum charge allowable is $6.60 per tonne.
The maximum rate of charge was recently increased to the above level by amendment of the Act. Without amendment of the Act the operative rates of charge required to implement the Government’s policy of 50% recovery of export inspection costs incurred during the remainder of 1983/84, would have exceeded the maximum rate of charge previously set in the Act. The amendment to the Act came into effect from the date of Royal Assent, 1983.
The Edible Oils (Export Inspection Charge) Regulations prescribe the operative rates of charge applicable to 2 classes of edible oils inspected for export. The operative charges first came into effect on 1 January 1983.
The proposed edible oils export inspection charges have been determined with a view to achieving 50% recovery of costs incurred during the remainder of 1983/84, in line with Government policy. The proposed charges are based on expected exports and inspection costs in the 1983/84 financial year. If charges continued at the current level for the full year it is estimated that only 15% of the cost of edible oils export inspection would be recouped.
The current charges and proposed new charges are as follows:
Class of Edible Oils | Current Charge ($/tonne) | Proposed Charge ($/tonne) |
Margarine Edible oils other than margarine | 1.00 1.00 | 3.30 3.30 |
The proposed regulation replaces the Schedule to the Edible Oils (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 Edible Oils (Export Inspection Charge) Regulations (Amendment) 1983, enacted under the authority of the Minister for Primary Industry, amends the Edible Oils (Export Inspection Charge) Act 1982 to address the need for increasing the maximum allowable charge for the inspection of edible oils exported from Australia. The primary objective of this amendment was to allow for a 50% recovery of export inspection costs incurred during the remainder of the 1983/84 financial year, aligning with government policy. Without this amendment, the required operative rates of charge would have exceeded the previous maximum charge set in the Act. The amendment permits a higher maximum charge of $6.60 per tonne, facilitating the adjustment of inspection charges for different classes of edible oils to better reflect the actual costs of inspection services provided.
Scope and Application
The Edible Oils (Export Inspection Charge) Act 1982 applies to edible oils that are inspected for export purposes, and it authorises the imposition of a charge on such exports. The Act is designed to ensure that the costs associated with the inspection of edible oils for export are recovered, enabling the government to fund the inspection services provided. The application of the Act extends to any person or entity involved in the export of edible oils that require inspection. The Act provides the framework for setting the maximum allowable charge, with the current maximum set at $6.60 per tonne, which was recently adjusted to accommodate the government's policy of 50% recovery of export inspection costs for the remainder of the 1983/84 financial year. The Act's jurisdictional reach is federal, applying across the Commonwealth of Australia. The regulations made under the Act, such as the Edible Oils (Export Inspection Charge) Regulations, further specify the rates of charge applicable to different classes of edible oils, with the proposed rates set to take effect from 1 October 1983. These regulations can be amended to reflect changes in the rates of charge, as demonstrated by the recent increase to the maximum allowable charge.
Key Provisions
The Edible Oils (Export Inspection Charge) Act 1982 (sections 3 and 4) allows the Governor-General to establish regulations imposing a charge on edible oils inspected for export. These regulations can specify different rates for various classes of edible oils, but the charges cannot surpass the maximum limit set in the Act, which has been recently increased to $6.60 per tonne. This legislative framework aims to ensure a structured approach to recovering costs associated with the inspection of edible oils for export.
Under these regulations, specific obligations are placed on parties exporting edible oils. Exporters must pay the prescribed inspection charges for the edible oils they intend to export, as outlined in the Edible Oils (Export Inspection Charge) Regulations. These charges are intended to cover a portion of the costs incurred by the government in inspecting these exports, aligning with the government's policy to achieve a 50% recovery of these inspection costs for the financial year 1983/84. The new rates, which came into effect on 1 October 1983, are based on expected exports and inspection costs for that financial year.
Failure to comply with the requirements set forth in the Edible Oils (Export Inspection Charge) Regulations could lead to legal consequences. Although the explanatory statement does not specify penalties, it is reasonable to infer that non-compliance could result in fines or other enforcement actions as per the general provisions of Australian legislation regarding non-compliance with statutory requirements. The exact penalties would be defined in the regulations or related laws, but they could include financial penalties or other administrative actions to ensure compliance.
The legislative amendments and the subsequent regulations are designed to ensure that the government can effectively manage and fund the inspection of edible oils for export, thereby maintaining standards and ensuring that costs are recovered in a manner consistent with government policy. This approach helps in sustaining the inspection services while ensuring that the economic burden is shared appropriately among the stakeholders involved in the export of edible oils.