EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 187
Issued by the Authority of the Minister for Primary Industry
EGGS (EXPORT INSPECTION CHARGE) ACT 1982
EGGS (EXPORT INSPECTION CHARGE) REGULATIONS (AMENDMENT)
The Eggs (Export Inspection Charge) Act 1982 provides for the Governor-General to make regulations for the purpose of imposing a charge on eggs inspected for export. The Act provides that regulations may prescribe different rates of charge for different classes of eggs provided they do not exceed the maximum charges set in the Act. Currently, the maximum charges allowable are $22.00 per 1000 dozen eggs in shell and $33.00 per tonne of eggs other than eggs in shell.
The maximum rate of charge for eggs other than eggs in shell was recently increased to the above rate by amendment to the Act and will enable future increases in the operative rate of charge to be made by regulatory amendment. The amendment to the Act came into effect from the date of Royal Assent, 1983.
The Eggs (Export Inspection Charge) Regulations prescribe the operative rates of charge applicable to 2 classes of eggs inspected for export. The operative charges first came into effect on 1 January 1983.
The proposed eggs export inspection charges have been determined with a view to achieving 50% recovery of costs during the remainder of 1983/84, in line with Government policy. The proposed charges are based on expected exports and inspection costs in the 1983/84 financial year. If charges continued at the current level for the full year it is estimated that only 33% of eggs export inspection costs would be recouped.
The current charges and proposed new charges are as follows:
Class of Product | Current Charge ($) | Proposed Charge ($) |
Eggs in shell (1000 dozen) | 11 | 10 |
Eggs other than eggs in shell (tonne) | 8 | 16 |
The charge for eggs in shell has been decreased in the light of a reassessment of the inspection effort involved for this class of eggs.
The proposed regulation replaces the Schedule to the Eggs (Export inspection Charge) Regulations to enable implementation of the revised export inspection charges. The revised charges are to come into effect from 1 October 1983.
Overview
The Eggs (Export Inspection Charge) Act 1982 was enacted to address the need for imposing a charge on eggs inspected for export, allowing for the recovery of costs associated with the inspection process. This Act enables the Governor-General to make regulations for this purpose, setting a framework for different rates of charge for different classes of eggs, ensuring they do not exceed the maximum charges stipulated in the Act. The problem it aimed to address was the need for a systematic and regulated approach to recover costs from the export of inspected eggs, thereby ensuring that the financial burden of the inspection process was fairly distributed and did not disproportionately impact the industry.
The Parliament of Australia introduced this Act, with the policy objective of achieving a 50% recovery of costs for the 1983/84 financial year, aligning with broader government fiscal policies. The accompanying regulations, which were amended in 1983, outline specific operative rates of charge for two classes of eggs, namely eggs in shell and eggs other than eggs in shell, reflecting a reassessment of inspection costs and expected export volumes. The changes were designed to better align with actual costs and projected export levels, ensuring a more accurate and efficient recovery of inspection costs.
Scope and Application
The Eggs (Export Inspection Charge) Act 1982 applies to entities involved in the export of eggs from Australia, specifically targeting those entities that require eggs to undergo inspection for the purposes of export. The Act allows for the imposition of a charge on eggs that are inspected for export, with the maximum allowable charges set at $22.00 per 1000 dozen eggs in shell and $33.00 per tonne of eggs that are not in shell. The Act extends to the Commonwealth jurisdiction, meaning it applies across Australia. The scope of the Act includes the regulation of export inspection charges for eggs, enabling the Government to recover costs associated with the inspection process through these charges. The Act has been amended to allow for future increases in the operative rate of charge through regulatory amendments, rather than legislative changes. The amendments came into effect from the date of Royal Assent in 1983, ensuring the Act remains flexible to accommodate changes in inspection costs and export volumes. The Eggs (Export Inspection Charge) Regulations further specify the operative rates of charge applicable to different classes of eggs, with the proposed changes set to come into effect from 1 October 1983.
Key Provisions
The Eggs (Export Inspection Charge) Act 1982 (Section 3) allows for the imposition of a charge on eggs inspected for export, with the Governor-General empowered to set these charges via regulations. The Act (Section 4) permits different charge rates for different classes of eggs, provided they do not exceed the maximum rates specified in the Act. The current maximum charges are $22.00 per 1000 dozen eggs in shell and $33.00 per tonne of eggs other than eggs in shell. The Act was amended to allow for future regulatory adjustments to the charges, which now enable the maximum charge for eggs other than eggs in shell to be increased.
Entities or individuals involved in the export of eggs must comply with the charges set out in the Eggs (Export Inspection Charge) Regulations. As per the regulations, the charges applicable to eggs inspected for export are to be based on expected exports and inspection costs. The current charges are $11.00 per 1000 dozen eggs in shell and $8.00 per tonne of eggs other than eggs in shell, which are set to be revised to $10.00 and $16.00 respectively from 1 October 1983. These regulations mandate that the revised charges be implemented to facilitate the recovery of inspection costs, aiming for a 50% recovery of costs during the remainder of the 1983/84 financial year.
The Act and the associated regulations do not explicitly state specific offences or penalties for non-compliance with the inspection charge provisions. However, failure to adhere to the stipulated charges and regulations may result in civil or administrative consequences. For example, if an entity or individual fails to pay the required inspection charges, they may face legal actions to recover the unpaid charges or face penalties as prescribed under other relevant laws or regulations. The precise penalties for non-compliance are not detailed within the text but would likely be pursued under broader administrative or enforcement frameworks applicable to such regulatory oversight.