Export Inspection Charges Collection Amendment Act 1987

Overview

The Export Inspection Charges Collection Amendment Act 1987 was enacted to amend the Export Inspection Charges Collection Act 1985, and it was assented to on 26 December 1987. The Act was introduced to address certain issues in the existing legislation by making specific amendments to the Export Inspection Charges Collection Act 1985. The enacting body was the Queen, in conjunction with the Senate and the House of Representatives of the Commonwealth of Australia. The primary objective of the Act was to refine and update the definitions and processes related to the charges for export inspections and establishment registrations, thereby ensuring that the collection of these charges is more accurately and effectively managed. This amendment aimed to streamline the legislative framework and enhance its alignment with the Export Inspection (Establishment Registration Charges) Act 1985.

Scope and Application

The Export Inspection Charges Collection Amendment Act 1987 amends the Export Inspection Charges Collection Act 1985, which is the Principal Act referred to throughout this legislation. The purpose of this amendment is to adjust and refine the scope and provisions of the original act, particularly concerning the charges imposed on establishments for export inspections. The Act applies to all entities involved in the exportation of goods from Australia, requiring them to pay the specified charges as stipulated by the regulations under the Export Inspection (Establishment Registration Charges) Act 1985. It has a national reach, impacting all jurisdictions within Australia. The Act’s amendments include altering the definition of "establishment registration charge" to reflect charges imposed under the Export Inspection (Establishment Registration Charges) Act 1985 and removing section 12a of the Principal Act. Additionally, it modifies the conditions under which charges are due for payment, stating that these amounts are payable as required by the regulations. The Act does not explicitly state any exclusions or exemptions, leaving it to subordinate instruments to further define the application of these charges.

Key Provisions

The Export Inspection Charges Collection Amendment Act 1987 primarily modifies the Export Inspection Charges Collection Act 1985. Section 1 clarifies that the Act may be cited as the Export Inspection Charges Collection Amendment Act 1987. Section 2 stipulates that the Act will come into effect concurrently with the Export Inspection (Establishment Registration Charges) Amendment Act 1987. Section 3 amends the title of the Principal Act by changing the singular “Charge” to the plural “Charges.” This title amendment reflects the broader scope of charges now governed by the Act. Under Section 4, the Act revises the definition of “establishment registration charge” by omitting the previous definition and replacing it with a new one that specifies it as a charge imposed by the Export Inspection (Establishment Registration Charges) Act 1985. Additionally, Section 4 repeals the previous subsection in the Principal Act and substitutes a new provision stating that the amounts of charge are due for payment as required by the regulations. This change emphasizes the regulatory framework that determines when charges are payable. The Act imposes several obligations and requirements on the parties it governs. It mandates that charges are to be paid in accordance with the regulations, which are set out in the Export Inspection Charges Collection Act 1985 and subsequent amendments. Section 5 of the Principal Act, now repealed, previously outlined specific conditions under which the charges were payable, and these have been replaced by a more flexible regulatory approach. Offences and penalties for non-compliance with the Act are not explicitly detailed in the provided sections of the Export Inspection Charges Collection Amendment Act 1987. However, the Principal Act, the Export Inspection Charges Collection Act 1985, may contain provisions regarding penalties for non-compliance. Typically, such legislation might impose fines or other civil or criminal penalties for breaches, although the exact nature and severity of these consequences would depend on the specific provisions of the Principal Act and any associated regulations.