Export Control (Fees) Amendment Orders 2002 (No. 2)

Overview

The Export Control (Fees) Amendment Orders 2002 (No. 2) were enacted by the Commonwealth of Australia to amend the fees associated with export control activities, specifically in relation to organic produce certification and export clearance declarations. These Orders were made by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, under the authority of the Export Control (Orders) Regulations 1982. The purpose of these amendments is to adjust the fees charged for various services related to the export of organic produce and other export clearance activities, thereby ensuring that the fees reflect the current economic conditions and administrative costs. The Orders were notified in the Gazette on 3 December 2002 and commenced on that date, with specific amendments taking effect from 1 January 2003. The policy objective is to maintain effective regulation of export activities while ensuring that the fees charged are reasonable and sustainable.

Scope and Application

The Export Control (Fees) Amendment Orders 2002 (No. 2) applies to organisations and individuals engaged in the export of organic produce, as well as those seeking various export clearances and permits under the Export Control Act 1982. These amendments specifically address the fees associated with organic produce certification, export clearance declarations, and export permits, setting out the financial obligations for those involved in the export process. The amendments pertain to the Commonwealth of Australia, and they affect entities such as exporters, certifying organisations, and individuals who require export clearances or permits. Certain amendments outlined in the Schedule 1 of these Orders commence on 1 January 2003, while the rest take effect on the day they are notified in the Gazette. The Orders provide for specific fee structures for different services, including certification fees for organic produce, fees for manual and multiple issue export clearance declarations, and fees for manual and electronic processing of export permits and requests for permits. The amendments are made under the authority of the Export Control (Orders) Regulations 1982, and they adjust the Export Control (Fees) Orders 2001 to reflect the current regulatory requirements.

Key Provisions

The main operative sections of the Export Control (Fees) Amendment Orders 2002 (No. 2) pertain to the amendment of fees associated with organic produce certification and export clearance declarations, as detailed in Schedule 1. Specifically, Order 28 modifies the fees for organic produce certification, with a fee of $7,100 for a QM certificate, an annual service fee of $6,200 for approved certifying organisations, and $270 per hour for auditing services (item 1). The amendments also revise fees for manual and electronic export clearance declarations, setting new rates for manual single and multiple issues at $40 and $30 respectively, and establishing a $25 fee for manual export permits and certificates of condition (items 2, 4, 11, 12). Furthermore, the Orders adjust the fee structure for electronic processing of export permit requests (items 5, 6). The Export Control (Fees) Amendment Orders 2002 (No. 2) impose specific obligations on parties involved in organic produce certification and export clearance processes. Organisations seeking a QM certificate or an annual service fee from an approved certifying organisation must comply with the prescribed fee structure (Order 28). Additionally, individuals or entities receiving auditing services must adhere to the hourly rate of $270. For export clearance, parties must pay the appropriate fees for manual or electronic processing as outlined in the amended Orders (Schedule 5, items 2, 4, 8, 11, 12, 15, 16). These amendments ensure that all parties involved in these processes are aware of and comply with the updated fee requirements. Failure to comply with the fees set out in the Export Control (Fees) Amendment Orders 2002 (No. 2) may result in civil or administrative consequences. While the Orders themselves do not explicitly state penalties for non-compliance, breaches of related export control legislation or regulations may lead to fines, enforcement actions, or other legal repercussions. The exact penalties would depend on the broader legislative framework governing export controls in Australia, which may include fines up to certain statutory maximums or other regulatory sanctions. It is essential for parties involved in organic produce certification and export clearance to adhere to these fee structures to avoid potential legal or administrative issues.