EXPLANATORY STATEMENT
STATUTORY RULES 1982 No.382
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
EGGS (EXPORT INSPECTION CHARGE) REGULATIONS
The Eggs (Export Inspection Charge) Act 1982 (the Act) (Act No. 14, 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 eggs exported from Australia.
Section 5 of the Act provides for a charge to be imposed on eggs 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 $22.00 per 1,000 dozen for eggs in shell and $16.00 per tonne for eggs other than eggs in shell.
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 eggs specified in the Schedule as follows |
Class of eggs | Rate |
| $ |
Eggs in shell..................................... | 11.00 per 1,000 doz. |
Eggs other than eggs in shell | 8.00 per tonne |
It is estimated that, at the proposed rates, some $72,500 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 eggs exported from Australia over the same period.
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 Eggs (Export Inspection Charge) Act 1982 was enacted to address the financial burden on the government of inspecting eggs exported from Australia. This Act was introduced by the Australian Parliament to ensure that approximately fifty percent of the costs associated with the inspection program for exported eggs are recovered. The policy objective is to maintain the efficiency and effectiveness of the export inspection program while mitigating the financial strain on the government.
The Act was designed to establish a framework where exporters would contribute to the costs of the inspection services they receive. By setting a charge on eggs submitted for export inspection, the legislation aims to balance the financial responsibility between the government and the exporters. The regulations under this Act, which were issued in 1982, detail the rates of charge, with a maximum rate of $22.00 per 1,000 dozen for eggs in shell and $16.00 per tonne for other types of eggs, ensuring that the charges align with similar programs for other agricultural products.
Scope and Application
The Eggs (Export Inspection Charge) Regulations 1982, made under the Eggs (Export Inspection Charge) Act 1982, apply to all entities or individuals exporting eggs from Australia. Specifically, it mandates the imposition of a charge on eggs submitted for export inspection to help cover the costs of the government's inspection program. The Act applies to various classes of eggs, including eggs in shell and eggs other than eggs in shell, and sets forth the charge rates to be levied, up to the maximum rates stipulated in the Act. The regulations specify that the charge is $11.00 per 1,000 dozen for eggs in shell and $8.00 per tonne for other types of eggs. These regulations are applicable on a national level across Australia, ensuring uniformity in the application of export inspection charges for eggs. Additionally, the Act does not specify any exclusions or exemptions, meaning that all exports of eggs from Australia are subject to these charges unless otherwise provided by subordinate instruments. The regulations also include provisions for record-keeping and penalties for non-compliance, further ensuring the effective enforcement of the inspection charge.
Key Provisions
The main operative sections of the Eggs (Export Inspection Charge) Regulations 1982 (the Regulations) are Sections 4, 8, 10, and 11. Section 4 sets the rates for the export inspection charge, with a charge of $11.00 per 1,000 dozen for eggs in shell and $8.00 per tonne for eggs other than eggs in shell. Section 8 mandates that the exporter or their agent must sign and lodge the returns within 28 days after the month in which the notice is served. Section 10 requires the keeping of appropriate records, specifying the details to be included, and imposes a penalty of $200 for any exporter who fails to retain copies of returns for a period of three years. Section 11 establishes the form of warrant for authorised persons to enter premises.
The Regulations impose several obligations and requirements on parties involved in the export of eggs. Exporters of eggs must ensure that the required charge is paid as per Section 4. They must also sign and lodge the relevant returns within the specified timeframe as outlined in Section 8. Additionally, exporters are required to keep detailed records of their export transactions and ensure these records are retained for three years, as mandated in Section 10. Failure to comply with these record-keeping obligations can result in the imposition of a penalty.
Any breach of the provisions set out in the Regulations can lead to civil or criminal consequences. Under Section 10, an exporter who fails to return copies of returns furnished for a period of three years may face a penalty of up to $200. This penalty is intended to ensure compliance with the record-keeping requirements. Additionally, unauthorised entry to premises by individuals without a valid warrant, as outlined in Section 11, can lead to criminal charges against the offending party. The exact nature and severity of these charges would depend on the specifics of the breach and the jurisdiction in which it occurs.