Export Control (Fees) Amendment Orders 2004 (No. 1)

Overview

The Export Control (Fees) Amendment Orders 2004 (No. 1) were introduced to update the fees associated with inspection services for the export of certain goods, as specified under the Export Control (Orders) Regulations 1982. Enacted by the Minister for Agriculture, Fisheries and Forestry, these Orders aim to ensure that the fees reflect the current economic conditions and operational costs involved in inspecting and certifying exports. This amendment is designed to provide a more accurate reflection of the expenses incurred in the inspection process, thus maintaining the efficiency and effectiveness of the export control system. The Orders were made under the authority of the Export Control (Orders) Regulations 1982 and commenced on the date of their notification in the Gazette, ensuring timely implementation and alignment with the updated fee structures.

Scope and Application

The Export Control (Fees) Amendment Orders 2004 (No. 1) applies to various entities involved in the export of specific goods from Australia, including individuals and businesses engaged in the export of grains, horticulture products, mung beans, plants, plant products, fish, eggs, and processed fruit or vegetables. Additionally, it applies to goods that are classified as prescribed goods under the operation of order 8A of the Prescribed Goods (General) Orders 1985. The scope of the Act is national, applying across the Commonwealth of Australia. The application of these Orders is modified through the inclusion of additional prescribed goods and the adjustment of fees for inspection services, which are specified in the amended Schedules. These amendments extend the application of fees to additional goods and services, thereby broadening the financial obligations of entities involved in the export of these goods. The Orders do not explicitly state any exclusions or exemptions but modify existing fees and categories through subordinate instruments.

Key Provisions

The Export Control (Fees) Amendment Orders 2004 (No. 1) primarily amend the Export Control (Fees) Orders 2001. The amendments, detailed in Schedule 1, modify the fees for inspection services related to the export of certain goods. Specifically, the Orders introduce fees for inspection services concerning the export of grains, horticulture products, mung beans, plants, plant products, fish, eggs, processed fruit or vegetables, and goods prescribed under order 8A of the Prescribed Goods (General) Orders 1985 (sections 1 and 2). Additionally, the Orders specify that the fees for services performed at the officer's ordinary place of work are $19.80 for each quarter hour, while those performed at other locations are $34 for each quarter hour (section 3). The amendment also adjusts the fee structure by omitting certain items and introducing new ones in Schedule 5, including a fee of $30 for a certificate related to goods prescribed under order 8A (sections 4, 5, 6, and 7). These Orders impose specific obligations on parties exporting the listed goods, requiring them to pay inspection fees as detailed in the amended Orders. Exporters must ensure they are aware of and comply with the new fees for services related to the inspection of their goods. The fees are designed to cover the cost of inspection services provided by officers, ensuring that the export control mechanisms are adequately funded and operational. Failure to comply with the amended fees may lead to civil or criminal consequences, although the specific consequences are not detailed in the Orders. Typically, non-compliance with fees set by legislation can result in penalties, fines, or other enforcement actions. The maximum penalties would depend on the specific breach and the relevant provisions of the Export Control Act 1982, which may include fines and, in severe cases, criminal charges. It is important for exporters to adhere to these requirements to avoid any potential legal ramifications.