Export Control (Fees) Amendment Orders 2003 (No. 2)

Overview

The Export Control (Fees) Amendment Orders 2003 (No. 2) were enacted to amend the Export Control (Fees) Orders 2001, introducing changes to the fees associated with various services provided under the Export Control Act 1982. This legislative instrument was made by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, under the authority of regulation 3 of the Export Control (Orders) Regulations 1982. The primary objective of these amendments was to adjust the fees for specific services, such as inspection services for grains and the issuance of phytosanitary certificates, export permits, or other related documents, to reflect changes in operational costs and to ensure the continued effective administration of export controls. These Orders commenced on the day they were notified in the Gazette, ensuring immediate applicability to the relevant services.

Scope and Application

The Export Control (Fees) Amendment Orders 2003 (No. 2) are legislative instruments made under the authority of the Export Control (Orders) Regulations 1982 by Warren Truss, the Minister for Agriculture, Fisheries and Forestry. These Orders modify the Export Control (Fees) Orders 2001, applying to authorised officers who perform inspection services for grains and the fees associated with the provision of certain export documents. The Orders stipulate a fee of 50 cents per kilometre for the distance travelled by authorised officers when they perform inspection services for grains, as well as a fee of $10 per consignment for phytosanitary certificates, export permits, or other relevant documents, whether in electronic or manual form. These amendments are effective from the date of their notification in the Gazette. They apply nationally within the Commonwealth of Australia, affecting entities and persons involved in the export of goods subject to export control measures. The Orders do not specify exclusions, exemptions, or thresholds beyond those already defined in the original Export Control (Fees) Orders 2001, and their application can be further detailed or refined through subordinate instruments as necessary.

Key Provisions

The Export Control (Fees) Amendment Orders 2003 (No. 2) introduce specific changes to the fees associated with certain services provided under the Export Control Act. Section 1 of the Orders identifies them as the "Export Control (Fees) Amendment Orders 2003 (No. 2)" and Section 2 specifies that they commence on the day they are notified in the Gazette. Section 3 details the amendments made to the Export Control (Fees) Orders 2001, which are outlined in Schedule 1. In terms of fees, the Orders introduce a new fee for the distance travelled by authorised officers when performing inspection services for grains, as detailed in Schedule 1, item 1. Specifically, an authorised officer is now required to charge 50 cents per kilometre for travel from their ordinary place of work to the site of the inspection and back. This amendment is intended to reflect the actual costs incurred by the officers in the course of their duties. Moreover, Schedule 1, items 2 and 4, modify the fees for phytosanitary certificates, export permits, and other documents, now setting a flat fee of $10 per consignment, regardless of the number or kind of documents involved. These changes are intended to streamline the fee structure and make it more straightforward. The obligations imposed by these Orders on the parties governed by the Export Control Act primarily revolve around compliance with the updated fee structure. Authorised officers must now accurately charge for the distance travelled during inspection services for grains as per the new rates. Similarly, those seeking phytosanitary certificates, export permits, or other export-related documents must be aware of and comply with the new flat fee per consignment. Failure to adhere to these fee requirements could result in disputes over billing and potential enforcement actions. Regarding offences, penalties, or consequences for non-compliance, the Orders do not explicitly state penalties for failing to comply with the new fee structure. However, non-compliance with the Export Control Act generally can lead to civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties can include fines, while criminal penalties can result in imprisonment or additional fines. The exact penalties would be determined based on the specific provisions of the Export Control Act and any relevant case law.