EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 363
Issued by the Authority of the Minister for Primary Industry
EXPORT INSPECTION (QUANTITY) CHARGE ACT 1985
EXPORT INSPECTION CHARGE REGULATIONS (AMENDMENT)
Section 10 of the Export Inspection (Quantity Charge) Act 1985 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 3 of the Act provides that the Export Inspection Charges Collection Act 1985 (‘the Collection Act’) is incorporated, and shall be read as one, with the Act. The Collection Act provides for the collection of export inspection charges, including the quantity charge imposed by the Act and includes definitions of terms used, the manner of charging for products comprising several commodities, and sanctions for the non-payment of charge. The expression ‘prescribed commodity’ is defined in section 3 of the Collection Act as describing 19 products within the dairy, eggs, fruit and vegetables, fish, grain and meat groups.
Sub-sections 6(1) and 6(2) of the Act provide that quantity charge is imposed on any prescribed commodity in respect of which an export permit is granted, unless within a class of prescribed commodities that is exempt from charge under the Regulations. Regulation 4 describes the commodities which are exempt from quantity charge as follows:
• eggs (unless inspected before the commencement date);
• fish (unless inspected before the commencement date);
• fruit products (as defined in section 3 of the Collection Act);
• dried vegetables (as defined in regulation 3);
• seeds of lupins or field peas exported after 27 June 1985 (when charges became technically payable) and before 1 October 1985 (being the announced date of effect of the charges);
• seeds of lupins or field peas exported after 1 October under a contract entered into before 22 August 1985 (being the date that the charging status for these seeds was announced by the Government).
Section 7 of the Act provides that the rates of charge are the rates applicable under the regulations, and that different rates may apply to different commodities. Maximum allowable rates of charge are set out in sub-section 7(3) of the Act. Regulation 5 amends the descriptions of the fruit and vegetable group of products in the Schedule to ensure that all eligible products are either charged or exempted.
The Regulations commenced operation on 1 January 1986, being the date that the Act commenced operation.