EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 380
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) REGULATIONS
The Edible Oils (Export Inspection Charge) Act 1982 (the Act) (Act No. 12, 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 edible oils exported from Australia.
Section 5 of the Act provides for a charge to be imposed on edible oils 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 $2.00 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 edible oils specified in the Schedule as follows |
Classes of edible oils | Rate per tonne |
| $ |
Margarine.................................................... | 1.00 |
Edible oils other than margarine...................................... | 1.00 |
It is estimated that, at the proposed rates, some $3,500 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 edible oils exported from Australia over the same period.
Overview
The Edible Oils (Export Inspection Charge) Act 1982 was enacted to address the financial burden placed on the Australian government in conducting inspections for exported edible oils. This Act, assented to on 15 April 1982, was introduced by the Parliament of Australia to ensure that approximately fifty percent of the costs associated with the government’s inspection program are recovered. The policy objective is to impose a charge on edible oils submitted for inspection for export, with the revenue generated helping to offset the government's expenditure on the inspection program. The rates for these charges are set by regulation, with a maximum rate of $2.00 per tonne, as stipulated in Section 6 of the Act. The regulations are intended to be consistent with other similar charges for different agricultural products, ensuring a uniform approach to cost recovery across various sectors.
Scope and Application
The Edible Oils (Export Inspection Charge) Act 1982 applies to edible oils that are intended for export from Australia, targeting specific classes of these products. The Act is designed to impose charges on these edible oils to recover approximately fifty percent of the cost incurred by the government for inspecting such exports. This legislation applies to entities involved in the export of edible oils, specifically targeting the export process and the inspection fees associated with it. The geographic reach of the Act is limited to Australia, with the inspection charges being levied on goods before they leave the country. Section 5 of the Act specifies the imposition of the charge, while Section 6 allows for the setting of operative rates by regulation, with a maximum charge of $2.00 per tonne. The Act does not provide for any exclusions or exemptions, and the rates are applied uniformly to the specified classes of edible oils. The Edible Oils (Export Inspection Charge) Regulations 1982 further define the implementation of the Act by establishing specific rates for the charges, with a commencement date set for 1 January 1983.
Key Provisions
The Edible Oils (Export Inspection Charge) Regulations 1982 lay out specific provisions for the charge to be imposed on edible oils exported from Australia. Section 5 of the Act establishes that a charge is to be applied to edible oils submitted for export inspection, while Section 6 provides that the actual charge rates can be set by regulation, with a maximum limit of $2.00 per tonne. Regulation 4 of the proposed regulations specifies the applicable rates of charge for different classes of edible oils, with both margarine and other edible oils being subject to a charge of $1.00 per tonne. These regulations are intended to align with similar regulatory frameworks for other export commodities such as meat, grains, dried fruit, and fish.
The Act imposes several obligations on parties involved in the export of edible oils from Australia. Firstly, exporters must ensure that the edible oils they intend to export are submitted for inspection as per the requirements outlined in the Act. This includes adhering to the specified rates of charge, as determined by the regulations. The regulations also mandate that exporters keep records of the charges imposed and the quantities of oil exported, as this information may be required for compliance and enforcement purposes. These obligations are critical for maintaining the integrity of the inspection process and ensuring that the charges accurately reflect the costs incurred by the government.
Failure to comply with the provisions of the Act and the regulations can result in various penalties and consequences. Under the Act, non-compliance with the charge requirements can be considered an offence, potentially leading to legal action. The specific penalties for breaches are not detailed in the explanatory statement, but it is implied that they could include fines or other civil or criminal sanctions. The maximum penalties, however, are not specified in the provided text, and further details would be required from the full Act or related legal authorities. Compliance with these regulations is essential to avoid any potential legal repercussions for the parties involved in the export of edible oils.