Export Inspection Charges Collection Amendment Act 1988

Overview

The Export Inspection Charges Collection Amendment Act 1988 (No. 25 of 1988) was enacted to address the need for updating the Export Inspection Charges Collection Act 1985 to ensure it remains effective and comprehensive in its coverage of commodities subject to export inspection charges. This Act was assented to on 11 May 1988 by the Queen, in accordance with the authority vested in the Parliament of the Commonwealth of Australia. The primary objective of the Act is to amend the definition of "prescribed commodity" to include live animals and animal reproductive material, thereby expanding the scope of items requiring export inspection services and associated charges. The Act also refines the provisions regarding the provision of export inspection services, ensuring clarity and precision in identifying when such services are deemed provided, and mandates the submission of returns and record-keeping to facilitate compliance and enforcement of the charges.

Scope and Application

The Export Inspection Charges Collection Amendment Act 1988 applies to entities and individuals involved in the exportation of prescribed commodities, including live animals and animal reproductive material, by amending the Export Inspection Charges Collection Act 1985. This Act extends its reach to all Commonwealth territories, as it is a federal law. It mandates that anyone who requests an export inspection service at a location other than an establishment must submit a return to the Secretary if a service charge is imposed. This requirement ensures that records are maintained to facilitate compliance with the regulations. Notably, the Act maintains the existing regulations in force, adapting them to the amended provisions, and it does not introduce new exclusions or exemptions beyond those already outlined in the regulations. The Act’s application can be further defined or restricted through subordinate instruments, allowing for more specific operational details and enforcement mechanisms.

Key Provisions

The Export Inspection Charges Collection Amendment Act 1988 amends the Export Inspection Charges Collection Act 1985, introducing several key changes. Section 3 of the Act modifies the definitions of “prescribed commodity” to include live animals and animal reproductive material, while removing certain exclusions related to fresh fruit and fresh vegetables. Additionally, it introduces definitions for “animal”, “animal reproductive material”, “external export inspection service”, and “requester” to clarify terms used throughout the Act. Section 3a outlines the provision of export inspection services, specifying when such services are deemed to have been provided, and clarifies that these provisions do not apply to certain types of attendances declared by regulations. Furthermore, section 5 adds a requirement for the requester of an external export inspection service to submit a return to the Secretary when a service charge is imposed. Section 6 mandates that records be kept to facilitate the preparation of these returns and clarifies the retention of records related to export permits and inspection services. The Act imposes several obligations on parties and entities governed by it. Firstly, it requires any person requesting an external export inspection service to submit a return to the Secretary if a service charge is applicable. This return must include particulars specified in the regulations. Additionally, the Act mandates that records be maintained to enable the preparation of these returns. These records must be kept by the exporter, the registered occupier, or the requester, as appropriate. Furthermore, the Act stipulates that records related to the grant of an export permit or the provision of an export inspection service must be retained by the relevant party. The Export Inspection Charges Collection Amendment Act 1988 includes provisions for offences, penalties, and consequences for non-compliance. While the Act itself does not explicitly state penalties, it references regulations which may include such details. Non-compliance with the requirements to submit returns or maintain records could potentially lead to enforcement actions by the Secretary, as stipulated in the regulations. The Act also maintains the effect of existing regulations that were in force before its commencement, ensuring continuity in the regulatory framework. This suggests that penalties for non-compliance, if detailed in the regulations, could include fines or other administrative actions, although specific maximum penalties are not detailed within the Act itself.