Export Charges (Imposition—Excise) Amendment Act 2020

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2020A00015 In force Act

Legislation content

 

 

 

 

 

 

Export Charges (Imposition—Excise) Amendment Act 2020

 

No. 15, 2020

 

 

 

 

 

An Act to amend the Export Charges (Imposition—Excise) Act 2015, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Export Charges (Imposition—Excise) Act 2015

 

 

 

Export Charges (Imposition—Excise) Amendment Act 2020

No. 15, 2020

 

 

 

An Act to amend the Export Charges (Imposition—Excise) Act 2015, and for related purposes

[Assented to 6 March 2020]

The Parliament of Australia enacts:

1  Short title

  This Act is the Export Charges (Imposition—Excise) Amendment Act 2020.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

At the same time as section 3 of the Export Control Act 2020 commences.

3 am (A.C.T.) 28 March 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Export Charges (Imposition—Excise) Act 2015

1  Section 4

Repeal the section, substitute:

4  Extension of this Act to external Territories and other areas

 (1) Subject to subsection (2), this Act does not extend to the external Territories.

 (2) If rules made for the purposes of paragraph 8(2)(a) of the Export Control Act 2020 extend that Act, or any provisions of that Act, to an external Territory, then this Act extends to that external Territory.

 (3) If rules made for the purposes of paragraph 8(2)(b) of the Export Control Act 2020 extend that Act, or any provisions of that Act, to an area adjacent to an external Territory, then this Act extends to that area.

 (4) If rules made for the purposes of paragraph 8(2)(c) of the Export Control Act 2020 extend that Act, or any provisions of that Act, to an area outside the Australian fishing zone in relation to which the Fisheries Management Act 1991 applies, under regulations made for the purposes of section 8 of the Fisheries Management Act 1991, then this Act extends to that area.

2  Section 5

Repeal the section.

3  Part 2 (heading)

Omit “regulated goods”, substitute “certain goods”.

4  Subsection 7(1)

Omit “regulated goods”, substitute “a kind of goods covered by the Export Control Act 2020”.

5  Subsection 7(3)

Omit “regulated goods, and a single charge may be prescribed in relation to 2 or more kinds of regulated goods”, substitute “kind of goods, and a single charge may be prescribed in relation to 2 or more kinds of goods”.

6  Subsection 8(2)

Repeal the subsection, substitute:

 (2) Before the Governor‑General makes regulations for the purposes of subsection 7(1) prescribing a charge in relation to the export of a kind of goods, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the export of the goods.

7  Section 9

Repeal the section.

8  Part 3 (heading)

Repeal the heading, substitute:

Part 3—Charges in relation to certain matters relating to the export of certain goods

9  Subsection 11(1)

Repeal the subsection, substitute:

 (1) The regulations may prescribe a charge in relation to a matter relating to the export of a kind of goods if:

 (a) the export of goods of that kind is covered by the Export Control Act 2020; or

 (b) provision in relation to the matter is made under the Export Control Act 2020.

10  Subsection 11(3)

Omit “regulated matter, and a single charge may be prescribed in relation to 2 or more regulated matters”, substitute “matter, and a single charge may be prescribed in relation to 2 or more matters”.

11  Subsection 12(2)

Repeal the subsection, substitute:

 (2) Before the Governor‑General makes regulations for the purposes of subsection 11(1) prescribing a charge in relation to a matter, the Minister must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth’s likely costs in connection with the matter.

12  Section 13

Repeal the section.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 4 December 2019

Senate on 13 February 2020]

 

(254/19)

 

Overview

The Export Charges (Imposition—Excise) Amendment Act 2020 was enacted by the Parliament of Australia to amend the Export Charges (Imposition—Excise) Act 2015, addressing the need to align the scope of the latter with the newly established Export Control Act 2020. This amendment ensures that the imposition of excise charges on the export of certain goods is consistent with the export control regulations set forth by the Export Control Act 2020. The policy objective is to harmonise the legislative framework governing export charges with the new export control regime, ensuring that the imposition of these charges is proportionate to the costs incurred by the Commonwealth in managing the export of specified goods. The Act commenced on 28 March 2021, aligning with the commencement of the Export Control Act 2020, to facilitate a seamless integration of the two legislative instruments.

Scope and Application

The Export Charges (Imposition—Excise) Amendment Act 2020 is an Act of the Australian Parliament that amends the Export Charges (Imposition—Excise) Act 2015. The Act applies to charges imposed on the export of certain kinds of goods, where such exports are covered by the Export Control Act 2020 or where provisions relating to the export are made under that Act. This means that the Act targets entities involved in the export of specified goods, which are regulated under the Export Control Act 2020. The Act does not, by default, extend to external territories, but it will do so if rules under the Export Control Act 2020 extend that Act to such territories or areas. This jurisdictional flexibility ensures that the Act’s application can be tailored to align with other legislative frameworks governing export controls. The Act also mandates that any charges imposed must be set at a level that recovers no more than the Commonwealth's likely costs in connection with the export of the goods or the related matter.

Key Provisions

The Export Charges (Imposition—Excise) Amendment Act 2020 amends the Export Charges (Imposition—Excise) Act 2015, primarily to realign the scope and terminology of the 2015 Act with the Export Control Act 2020. Section 4 of the 2015 Act, previously limiting its application to regulated goods, is repealed and replaced to ensure that the Act now applies to "certain goods" (section 4 of Schedule 1). The term "regulated goods" is replaced with "kind of goods covered by the Export Control Act 2020" in sections 7(1) and 7(3) (sections 4 and 5 of Schedule 1). Additionally, the Act's extension to external territories and areas is now contingent on rules under the Export Control Act 2020 (section 4(2) and (3) of Schedule 1), and it can also extend to areas outside the Australian fishing zone as regulated by the Fisheries Management Act 1991 (section 4(4) of Schedule 1). The Act imposes specific obligations on the Minister, who must be satisfied that charges prescribed under the regulations are set to recover no more than the Commonwealth’s likely costs in connection with the export of the goods or a related matter (sections 8(2) and 12(2) of Schedule 1). The Minister's role is crucial in ensuring that the charges do not exceed the necessary cost recovery limits. This requirement ensures that the charges are fair and economically justified, avoiding over-burdening exporters. For breaches of the Act, particularly in cases where the Minister fails to ensure that charges do not exceed the Commonwealth's likely costs, the consequences can be severe. While the specific penalties are not detailed in the provided excerpt, it is common under Australian law for such breaches to result in fines or other penalties commensurate with the severity of the breach. The precise penalties would be detailed in the Export Charges (Imposition—Excise) Act 2015 or in the regulations made under that Act. The overarching objective is to maintain a balance between cost recovery and the practicalities of international trade, ensuring that the imposition of charges does not unduly hinder legitimate export activities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.