EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 53
Issued by the authority of the Minister for Primary Industry
EGGS (EXPORT INSPECTION CHARGE) COLLECTION ACT 1982
EGGS (EXPORT INSPECTION CHARGE) COLLECTION REGULATIONS (AMENDMENT)
The Eggs (Export Inspection Charge) Collection Act 1982 provides for the Governor-General to make regulations for the purpose of the collection of the charge imposed by the Eggs (Export Inspection Charge) Act 1982. The first Act provides that the regulations may prescribe the manner of payment of charge and other moneys payable to the Commonwealth under the Act.
In sub-section 3(1) of the Act, “prescribed export permit”, in relation to eggs, is defined to mean “a licence, permit or other permission issued in relation to the export of those eggs that is declared by the regulations to be a prescribed export permit”.
Regulation 4 of the Dairy Products (Export Inspection Charge) Collection Regulations declares an export permit in force
under regulation 22 of the Export Control (General) Regulations to be a prescribed export permit.
With effect on 29 April 1985 the Export Control (General) Regulations were amended so that they no longer apply to eggs for the purposes of the Export Control Act 1982. On that day orders made under regulation 3 of the Export Control (Orders) Regulations came into effect that apply to eggs for the purposes of the Export Control Act 1982. As a result the Eggs (Export Inspection Charge) Collection Regulations were amended to substitute a reference to such orders for the reference to regulation 22 of the Export Control (General) Regulations.
Overview
The Eggs (Export Inspection Charge) Collection Act 1982 was enacted to provide the legal framework for the collection of charges imposed by the Eggs (Export Inspection Charge) Act 1982, which are related to the export inspection of eggs. The Act was established by the Parliament of Australia and aims to ensure that the necessary charges for the inspection and export of eggs are collected efficiently and in accordance with the regulations. These regulations were subsequently amended to align with changes in the Export Control (General) Regulations, ensuring that the process of collecting export inspection charges remains relevant and effective. The policy objective of the Act is to support the oversight and regulation of egg exports by ensuring that appropriate charges are levied and collected for the inspection services provided by the Commonwealth.
Scope and Application
The Eggs (Export Inspection Charge) Collection Regulations (Amendment) Statutory Rules 1985 No. 53, issued under the authority of the Minister for Primary Industry, amends the Eggs (Export Inspection Charge) Collection Regulations 1982. The primary purpose of this amendment is to update the regulatory framework governing the collection of the export inspection charge imposed by the Eggs (Export Inspection Charge) Act 1982. The Act applies to any person or entity involved in the export of eggs from Australia, thereby encompassing both individuals and businesses engaged in the export of eggs. The legislation has a national reach, operating across the Commonwealth of Australia, and is intended to streamline the collection process for the export inspection charge. The amendment specifically addresses the definition of a "prescribed export permit" in relation to eggs, updating the reference to align with recent changes in the Export Control (General) Regulations, which were amended on 29 April 1985 to no longer apply to eggs for the purposes of the Export Control Act 1982. This ensures the regulatory framework remains current and effective in the context of evolving export control measures.
Key Provisions
The operative sections of the Eggs (Export Inspection Charge) Collection Act 1982 and the accompanying regulations primarily concern the collection of export inspection charges on eggs. Section 3(1) of the Act allows the Governor-General to make regulations that specify the manner in which charges and other monies payable under the Act are to be paid. Regulation 4 of the Eggs (Export Inspection Charge) Collection Regulations identifies an export permit issued under the Export Control (Orders) Regulations as a "prescribed export permit". This amendment was necessary because the Export Control (General) Regulations ceased to apply to eggs on 29 April 1985, and orders under the Export Control (Orders) Regulations began to apply instead.
The Act and regulations impose several obligations on entities involved in the export of eggs. Firstly, exporters must ensure that they comply with the requirements of any prescribed export permit. This includes adhering to the payment terms set out in the regulations for the export inspection charge. Secondly, the regulations mandate that any person responsible for exporting eggs must ensure that all applicable charges are paid in full and on time. This includes making payments through the prescribed method, as specified in the regulations.
Failure to comply with the obligations and requirements outlined in the Act and regulations can result in various consequences. Firstly, non-payment or incorrect payment of the export inspection charge can lead to legal action by the Commonwealth. This may include the imposition of fines or other penalties as stipulated by the relevant legislation. The maximum penalties for offences under the Eggs (Export Inspection Charge) Act 1982 are not explicitly stated in the explanatory statement but generally, such penalties can include fines up to a certain amount as determined by the relevant authorities. Additionally, persistent non-compliance may result in the suspension or revocation of the export permit, thereby preventing the export of eggs until all outstanding charges are settled.