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.
Overview
The Export Inspection (Quantity) Charge Act 1985 was enacted by the Parliament of Australia to address the need for a structured approach to collecting charges for the inspection of goods intended for export. The Act was designed to complement the Export Inspection Charges Collection Act 1985, which provides the framework for collecting these charges. This legislative initiative was aimed at ensuring that the export inspection service, which verifies the quality and quantity of products before they leave the country, is adequately funded through charges imposed on certain commodities. The policy objective is to maintain the integrity and efficiency of Australia's export inspection system by ensuring that the necessary resources are available to inspect and certify the quality and quantity of exported goods. The Act and the accompanying regulations, which were amended in 1985, detail the specific commodities subject to charges, the rates applicable, and the exemptions available, thus providing a comprehensive system for charge collection.
Scope and Application
The Export Inspection (Quantity) Charge Act 1985 applies to prescribed commodities that are subject to an export permit, with the collection of export inspection charges governed by the Export Inspection Charges Collection Act 1985. The Act mandates that a quantity charge is imposed on these commodities unless they fall within a class exempt under the Regulations. This charge applies to products within the dairy, eggs, fruit and vegetables, fish, grain, and meat categories, as defined in the Collection Act. The scope of the Act encompasses both individual and corporate entities involved in the export of the specified commodities, ensuring that they comply with the charge regulations. Geographically, the Act operates nationally as it is an Act of the Commonwealth of Australia, extending its reach across all states and territories. However, specific exemptions are provided for certain commodities under the Regulations, such as eggs, fish, fruit products, dried vegetables, and seeds of lupins or field peas under specific conditions related to inspection dates and contracts. The Act allows for the imposition of different rates of charge for different commodities, subject to the maximum allowable rates set out in the Act. The Act’s application can be further detailed and adapted through subordinate instruments, ensuring its provisions remain relevant and effective.
Key Provisions
The Export Inspection (Quantity) Charge Act 1985 and the accompanying regulations establish a framework for imposing and collecting export inspection charges on certain commodities. The primary provision, Section 6 of the Act, mandates that a quantity charge be levied on any prescribed commodity for which an export permit is issued, unless that commodity is specifically exempt under the regulations. These commodities include various products such as dairy, eggs, fruit and vegetables, fish, grain, and meat. Regulation 4 outlines the specific exemptions, such as eggs, fish, fruit products, dried vegetables, and certain seeds of lupins or field peas exported within particular timeframes.
Entities and individuals subject to the Act must ensure that the correct quantity charges are applied to the commodities they intend to export. This obligation is facilitated by Section 7, which stipulates that the rates of charge are determined by the regulations and can vary between different commodities. These rates must be adhered to as per the maximum allowable rates specified in sub-section 7(3) of the Act, and any amendments to these rates are documented in the regulations. For instance, Regulation 5 modifies the descriptions of the fruit and vegetable group of products in the Schedule, ensuring all eligible products are either charged or exempted appropriately.
Failure to comply with the Act and its regulations can result in various consequences. Under the Export Inspection Charges Collection Act 1985, which is incorporated into the Export Inspection (Quantity) Charge Act 1985, sanctions are in place for the non-payment of charges. Such sanctions can include civil or criminal penalties, depending on the severity and intent behind the breach. While the specific penalties are detailed in the Collection Act, they can range from fines to more severe legal repercussions, highlighting the importance of adherence to the prescribed regulations.