Export Control (Fees) Amendment Orders 2003 (No. 3)

Overview

The Export Control (Fees) Amendment Orders 2003 (No. 3) were enacted to amend the Export Control (Fees) Orders 2001, adjusting fees related to the export of horticulture products and other goods. Made under the authority of the Export Control (Orders) Regulations 1982, these Orders were introduced by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, and are intended to address discrepancies and inefficiencies in the fee structure for export-related services. The primary aim of these amendments is to ensure that fees accurately reflect the costs associated with providing these services, thereby maintaining the integrity and efficiency of Australia's export control mechanisms. These amendments came into effect on the day they were notified in the Gazette, ensuring a timely update to the regulatory framework governing export fees.

Scope and Application

The Export Control (Fees) Amendment Orders 2003 (No. 3) are legislative instruments made under the Export Control (Orders) Regulations 1982 by the Minister for Agriculture, Fisheries and Forestry. These Orders amend the Export Control (Fees) Orders 2001, affecting the fees charged for the services of authorised officers in relation to the export of certain products, specifically horticulture products. The amendments apply to the fees charged when authorised officers provide their services continuously or non-continuously with ordinary duty, setting new rates of $9 per quarter hour for continuous services and $9 per quarter hour subject to a minimum of $141 for non-continuous services. Additionally, the Orders adjust the fees for various permit issuances, differentiating between manual and electronic issue methods, and modify the fees for the issue of export permits for horticulture products. These changes have a Commonwealth reach, impacting authorised officers and entities involved in the export of horticulture products across Australia. The Orders do not apply to inspection services for horticulture products and come into effect on the date they are notified in the Gazette.

Key Provisions

The Export Control (Fees) Amendment Orders 2003 (No. 3) (Orders) primarily amend the Export Control (Fees) Orders 2001. These amendments introduce changes to the fees associated with certain export-related services, particularly focusing on horticulture products. For instance, if an authorised officer provides services in relation to the export of horticulture products, the individual or entity that utilises these services must pay a fee of $9 per quarter hour if the services are provided continuously with ordinary duty, or a minimum of $141 if the services are provided non-continuously with ordinary duty (Order 3(1A)). Additionally, the amendments introduce a new provision stipulating that these fees do not apply to inspection services for horticulture products (Order 19(2)). The Orders also modify fees for certain permit issuances and other services, adjusting rates based on whether the permit or service is issued manually or electronically. The Orders impose specific obligations on the entities and individuals who utilise the services of authorised officers in the export of goods. For instance, those who make use of an authorised officer's services for the export of horticulture products must comply with the amended fee structure. This includes paying the specified fee of $9 per quarter hour for continuous services or a minimum of $141 for non-continuous services. The new provisions ensure that the correct fees are paid for the services rendered, with differentiation based on the nature of the services (continuous or non-continuous) and the type of issue (manual or electronic). Failure to comply with the requirements set out in these Orders could lead to civil or administrative consequences. Although the Orders themselves do not explicitly detail the penalties for non-compliance, it is reasonable to infer that breaches of these provisions could result in fines or other enforcement actions under the broader legislative framework that governs export controls and fees. The specific penalties would be determined by the relevant legislation, such as the Export Control Act 1982, which would apply the prescribed fines and enforcement measures for non-compliance with the fees and regulations specified within the Orders. The maximum penalties would be dictated by the provisions of the primary Act and any related regulations.