EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 252
Issued by the Authority of the Minister for Primary Industry
EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGE) ACT 1986
EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGE) REGULATIONS (AMENDMENT)
Section 9 of the Export Inspection (Establishment Registration Charge) Act 1985 (‘the Act’) empowers the Governor-General to make regulations for the purposes of section 7 of the Act.
Section 7 of the Act provides that the rate of charge on the registration of an establishment is the rate applicable under the regulations. Regulation 6 of the Export Inspection (Establishment Registration Charge) Regulations (‘the Regulations’) establishes different rates of charge for establishments, according to the activities which the registration allows, with the details set out in the Schedule to the Regulations. The Amendment amends the Schedule as follows:
• items 7 and 9 are amended and item 10 is added to increase the rates of charge applicable to specified categories of fishing vessels by $40 from the current $300 and $900 bases, with effect from 1 October 1986;
• item 3 is amended and item 8A is added to establish a reduced ($200, down from $2000) charge for poultry establishments which are not involved in the slaughter or dressing of poultry, to take effect from 1 January 1986, when the Regulations entered into force; and
• item A is amended to clarify that a prawn cold store is not entitled to a reduced rate of charge by reason of storing products other than prawns on the premises, and took effect from the date of Gazettal.
Overview
The Export Inspection (Establishment Registration Charge) Act 1986, enacted by the Parliament of Australia, was introduced to address the need for a structured and regulated system for charging fees associated with the registration of establishments involved in export activities. This Act empowers the Governor-General to establish regulations regarding the rates of charges for such registrations, thereby ensuring that the fees are commensurate with the activities conducted by the establishments. The policy objective of the Act is to maintain a fair and efficient system that supports the regulatory oversight necessary for export operations, while also generating revenue to cover the costs of inspection services. The accompanying regulations, as amended by the Statutory Rules 1986 No. 252, further detail the specific rates applicable to different categories of establishments, including adjustments to reflect changes in operational scope or economic conditions.
Scope and Application
The Export Inspection (Establishment Registration Charge) Act 1985 applies to establishments that require registration under the Act, including those involved in the export of goods, with specific categories of activities attracting different rates of charge. This Act, along with its associated regulations, aims to impose charges on the registration of establishments to cover the costs of export inspections. The Act's application extends to various types of establishments, including those involved in the fishing industry and poultry processing, as indicated by the recent amendments to the Export Inspection (Establishment Registration Charge) Regulations. The amended regulations adjust the rates of charge for specified categories of fishing vessels and poultry establishments, effective from particular dates in 1986. The geographic reach of the Act is broad, as it applies to establishments across Australia involved in the export of goods, thereby affecting industries at a national level. The regulations also clarify that prawn cold stores storing products other than prawns are not entitled to a reduced rate of charge. The Act allows for further adjustments and clarifications through subordinate instruments, such as the Export Inspection (Establishment Registration Charge) Regulations, which provide detailed rates and categories for the applicable charges.
Key Provisions
The operative sections of the Export Inspection (Establishment Registration Charge) Regulations (Amendment) clarify and modify the rates of charges for the registration of various establishments under the Export Inspection (Establishment Registration Charge) Act 1985. Specifically, section 9 of the Act allows the Governor-General to establish these regulations, and section 7 sets the charge rates according to the regulations. The amendments in Regulation 6 alter the rates specified in the Schedule, affecting fishing vessels, poultry establishments, and prawn cold stores. For instance, items 7 and 9 now charge $40 more for specified fishing vessels, with effect from 1 October 1986, while item 3 reduces the charge for certain poultry establishments by $1800, effective from 1 January 1986.
These amendments impose specific obligations on the parties involved, particularly those operating fishing vessels, poultry establishments, and prawn cold stores. Fishing vessel operators must now account for the increased registration charges. Poultry establishments not involved in slaughter or dressing must ensure they qualify for the reduced charge, which involves providing evidence of their activities. Similarly, prawn cold store operators need to confirm they are not storing products other than prawns to avoid higher charges.
Failure to comply with these amended regulations may result in financial penalties. The specific consequences for non-compliance are not detailed in the text, but typically, under such legislation, breaches can lead to fines or other financial penalties as stipulated by the Act. The exact penalties would depend on the specific nature of the breach and the provisions of the overarching Export Inspection (Establishment Registration Charge) Act 1985. It is advisable for affected parties to consult the full text of the Act for precise penalty details.