Export Charges (Imposition—General) Amendment Act 2020

Overview

The Export Charges (Imposition—General) Amendment Act 2020, enacted by the Parliament of Australia, amends the Export Charges (Imposition—General) Act 2015 to address specific issues related to the imposition of charges on the export of certain goods. This amendment ensures alignment with the Export Control Act 2020 by extending the application of the Export Charges Act to external territories and other areas as designated by rules under the Export Control Act. The Act also refines the terminology and scope of the goods subject to export charges, replacing "regulated goods" with "certain goods" to better reflect the updated legislative framework. Additionally, it mandates that the charges imposed should not exceed the Commonwealth's likely costs associated with the export of these goods, thereby maintaining fiscal responsibility and ensuring that the charges are cost-reflective. The policy objective of this amendment is to streamline the regulatory environment for export charges, ensuring consistency and efficiency in the application of the Export Charges Act in alignment with the broader export control regime established by the Export Control Act 2020. This legislative change aims to facilitate smoother operations for exporters and the government by clarifying the scope and limitations of the export charge imposition process.

Scope and Application

The Export Charges (Imposition—General) Amendment Act 2020 amends the Export Charges (Imposition—General) Act 2015 to modify the application and scope of export charges in relation to certain goods. This Act applies to the imposition of charges for the export of goods that are covered by the Export Control Act 2020 or have provisions made in relation to them under that Act. The Act's reach is primarily within the Commonwealth, but its territorial application extends to external Territories and other areas as specified by rules under the Export Control Act 2020, such as areas adjacent to external Territories or areas outside the Australian fishing zone where the Fisheries Management Act 1991 applies. The Act excludes any charges that are not related to the export of goods covered by the Export Control Act 2020 or that do not have corresponding provisions under that Act. The application of the Act can be further extended or restricted through subordinate instruments made under the Export Control Act 2020.

Key Provisions

The Export Charges (Imposition—General) Amendment Act 2020 (C2020A00016) amends the Export Charges (Imposition—General) Act 2015, introducing several significant changes. Section 4 of the 2015 Act is repealed and substituted with a new provision that restricts the application of this Act to external territories and other areas only if specific rules under the Export Control Act 2020 extend that Act to such territories or areas (section 1). Part 2 of the 2015 Act is also amended, with the term "regulated goods" replaced by "certain goods" (section 3). The definition of "regulated goods" in subsection 7(1) is altered to "a kind of goods covered by the Export Control Act 2020," and similar changes are made in subsection 7(3) (sections 4 and 5). The requirement for the Minister to be satisfied that the charge amount does not exceed the Commonwealth's likely costs is retained, with the necessary modifications to reflect the changes in terminology (section 6). Additionally, Part 3 of the 2015 Act is amended to reflect these changes, with "regulated matter" replaced by "matter" (sections 8 and 9), and the requirement for the Minister to be satisfied about the charge amount is updated accordingly (section 11). The amended Act imposes several obligations on the parties it governs. Firstly, it mandates that the Export Charges (Imposition—General) Act 2015 does not extend to external territories unless specific rules under the Export Control Act 2020 extend that Act to those territories or areas (section 1). The Act also requires that any charges imposed on the export of certain goods or matters relating to such exports be set at a level that recovers no more than the Commonwealth's likely costs in connection with the export or matter (sections 6 and 12). The Minister must be satisfied of this before regulations prescribing such charges are made by the Governor-General (sections 6 and 12). The Act includes provisions for offences, penalties, and consequences for breach. However, the specific details regarding offences, penalties, or civil/criminal consequences for breach are not explicitly stated in the provided text. Generally, breaches of legislative provisions can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the specific legislation involved. In the case of the Export Charges (Imposition—General) Act 2015 and its amendments, penalties could potentially include fines or imprisonment for individuals or corporations found to be in breach of the charges imposed under the Act, although the exact penalties would need to be referred to in the primary legislation or related laws.