Export Control (Fees) Amendment Orders 2011 (No. 2)

Administered by Department of Agriculture

Legislation au F2011L02799 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Parliamentary Secretary for Agriculture, Fisheries and Forestry

 

Export Control (Fees) Amendment Orders 2011 (No. 2)

 

made under the Export Control (Orders) Regulations 1982 and Export Control Act 1982

 

Legislative Authority

 

Pursuant to section 25 of the Export Control Act 1982 (Act) and regulation 3 of the Export Control (Orders) Regulations 1982 (Regulations), the Export Control (Fees) Orders 2001 (Principal Orders) impose fees in connection with the performance of services by the Secretary, delegates of the Secretary and authorised officers in connection with the provision of export certification. The fees are applied to a number of commodities, including grains, plants and plant products.

 

Purpose

 

The purpose of the Export Control (Fees) Amendment Orders 2011 (No. 2) (Amendment Orders) is to implement a revised charging regime for the export of grains, plants and plant products. The new regime is based on a new service delivery arrangement. The proposed Amendment Order amends the Principal Orders to:

 

  • insert new rates of fees for inspection services;
  • provide for the collection of amended overtime fees; and
  • provide for the collection of amended fees for the issue and replacement of phytosanitary certificates, export permits and any other certificates.

 

Consultation

 

In November 2009, the Government announced an Export Certification Reform Package of $127.4 million over a nineteen month period to 30 June 2011.  The aim of the package was to:

  • reform service delivery;
  • upgrade information technology systems;
  • reduce costs for industry and the Australian Quarantine and Inspection Service (AQIS); and
  • maintain and work to improve market access.

 

Joint Industry-AQIS Ministerial Taskforces (MTFs) for the dairy, fish, grain, horticulture, live animal and meat export industries were set up to deliver the reforms.

 

All relevant industry groups have been consulted through AQIS Grain Industry Consultative Committee (AGICC) and the Joint AQIS – Grain Industry Ministerial Task Force.

 

AGICC consists of representatives from key industry sectors, AWB Ltd, ABB Grain Ltd, Craig Mostyn Group, Viterra, Australian Seed Federation, National Agricultural Commodities Marketing Association, Australian Oilseeds Federation, Sunrice, GrainCorp Operations Ltd, Australian Fodder Industry Association, Australian Cotton Seed Industry Association, Pulse Australia Ltd, CBH Group and Grain Pool Pty Ltd.

 

The Joint AQIS – Grain Industry Ministerial Task Force consists of representatives from Grain Trade Australia, Australian Grain Exporters Association, Australian Oilseeds Federation, Gerard McMullen Consulting, GrainCorp Operations Ltd, Pulse Australia, Australian Cotton Seed Industry, Grain Pool Pty Limited, CBH Group, Grain Producers Australia, AWB Ltd, Sunrice, Australian Fodder Association, Australian Nut Industry Council, Viterra, National Grains Australia and the Australian Seed Federation.

 

The Office of Best Practice Regulation (OBPR) was consulted in relation to the proposed cost recovery arrangements for grain and seed exports and determined that a Regulatory Impact Statement was not required.  A Cost Recovery Impact Statement has been approved by the Department of Finance and Deregulation. 

 

Details

 

Order 1

 

This order provides that the name of the Orders is the Export Control (Fees) Amendment Orders 2011 (No. 2).

 

Order 2

 

This order provides that the Orders commence on 1 January 2012.

 

Order 3

 

This order provides that Schedule 1 amends the Export Control (Fees) Orders 2001.

 

Schedule 1

 

Item 1 substitutes new rates of fees for particular services into Order 14A. The fee is $36 for each quarter hour in relation to an inspection service.

 

Item 1 also substitutes a new Order 16 providing for the collection of overtime fees. Suborder 16(1) applies only to overtime where inspection services are requested by a person and the authorised officer is entitled to be paid overtime for the overtime period. Suborder 16(2) provides the overtime fees payable where the overtime period is continuous with the authorised officer’s ordinary hours of work. Suborder 16(3) provides the overtime fees payable where the overtime period is not continuous with the authorised officer’s ordinary hours of work.

 

Item 2 omits Schedule 3. Schedule 3 is no longer required, as Order 14A imposes a single fee of $36 per quarter hour in relation to an inspection service.

 

Item 3 amends items 1 to 3 of Schedule 5 by omitting $190.00 and inserting $500.00 where a phytosanitary certificate, an export permit or any other certificate is issued as a replacement certificate; by omitting $85.00 and inserting $100.00 where a phytosanitary certificate, an export permit or any other certificate is issued manually; and by omitting $65.00 and inserting and $16.00 where a phytosanitary certificate, an export permit or any other certificate is issued electronically.

 

Item 4 amends Part 1 of Schedule 7 by omitting each mention of ‘or part thereof’.  This aligns Schedule 7 with the existing definition for quarter hour found in Order 4 by removing the redundant formulation. The ability to apply charges for part of a quarter hour remains unaffected.

Overview

The Export Control (Fees) Amendment Orders 2011 (No. 2) were enacted to revise the fee structure for export certification services under the Export Control Act 1982, addressing the need to adapt to a new service delivery arrangement. This legislation, issued by the Parliamentary Secretary for Agriculture, Fisheries and Forestry, aims to streamline and modernise the export certification process for grains, plants, and plant products, ensuring the Australian Quarantine and Inspection Service (AQIS) remains efficient and cost-effective while maintaining market access for Australian exporters. The changes introduced by the Amendment Orders respond to the Export Certification Reform Package, which sought to overhaul service delivery, upgrade technology, and reduce costs for both industry and AQIS. These amendments reflect extensive consultation with industry stakeholders through bodies such as the AQIS Grain Industry Consultative Committee and the Joint AQIS – Grain Industry Ministerial Task Force, ensuring the reforms are practical and beneficial for all parties involved. The Export Control (Fees) Amendment Orders 2011 (No. 2) introduce new fee rates for inspection services, overtime fees, and the issuance and replacement of phytosanitary certificates, export permits, and other certificates, thereby formalising a more structured and transparent charging regime. The new rates aim to better reflect the costs associated with providing these services while also ensuring that AQIS can continue to operate efficiently. By amending the Export Control (Fees) Orders 2001, this legislation seeks to align the fee structure with the current operational realities and the objectives of the Export Certification Reform Package.

Scope and Application

The Export Control (Fees) Amendment Orders 2011 (No. 2) apply to various stakeholders involved in the export of grains, plants, and plant products, including exporters, authorised officers, and entities requiring export certification. The legislative framework under which these Orders operate is the Export Control Act 1982, supported by the Export Control (Orders) Regulations 1982. These Orders impose fees for services related to export certification, such as inspection, overtime, and the issuance or replacement of phytosanitary certificates, export permits, and other certificates. The application of these fees is a Commonwealth matter, extending across Australia as it involves national export processes. The Orders do not explicitly state any exclusions or exemptions but are tailored to fit within the broader Export Control Act and Regulations. The Act and its subordinate instruments, including the Amendment Orders, may further define and refine the application through additional regulations and guidelines.

Key Provisions

The Export Control (Fees) Amendment Orders 2011 (No. 2) (Amendment Orders) introduce new fees for services related to the export of grains, plants, and plant products under the Export Control Act 1982 (Act) and the Export Control (Orders) Regulations 1982 (Regulations). Specifically, the Amendment Orders update the Export Control (Fees) Orders 2001 (Principal Orders) to implement a revised charging regime based on a new service delivery arrangement (Order 1). The new fees, which commence on 1 January 2012 (Order 2), include updated rates for inspection services, overtime fees, and fees for issuing or replacing phytosanitary certificates, export permits, and other certificates (Order 3 and Schedule 1). Under the Amendment Orders, the parties or entities governed by the Act must comply with the new fee structure for the specified services. This includes paying $36 for each quarter hour of inspection service (Schedule 1, Item 1), paying overtime fees as specified in Order 16 when inspection services are requested and authorised officers work beyond their ordinary hours (Schedule 1, Item 1), and paying updated fees for the issuance and replacement of phytosanitary certificates, export permits, and other certificates (Schedule 1, Items 3 and 4). These updated fees are $500 for replacement certificates, $100 for manually issued certificates, and $16 for electronically issued certificates. Breach of the Export Control Act 1982 or the Export Control (Orders) Regulations 1982, including failure to pay the fees as specified in the Amendment Orders, may result in civil or criminal penalties. The exact penalties are not detailed in the provided text, but under Australian law, breaches of such regulations can lead to fines or other legal consequences depending on the severity of the breach. It is important for parties and entities to ensure compliance with the new fee structure to avoid any potential penalties or legal issues.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.