EXPLANATORY STATEMENT
Statutory Rules 1987 No 250
Issued by the authority of the Minister of State for Resources
Export Inspection (Establishment Registration Charge) Act 1985
Export Inspection (Establishment Registration Charge) Regulations (Amendment)
Section 9 of the Export Inspection (Establishment Registration Charge) Act 1985 (‘the Act’) provides that the Governor-General may make regulations for the purposes of sections 6 and 7 of the Act which deal with charges on the registration of an establishment.
Under section 7 of the Act, the rate of charge in respect of the registration of an establishment is such rate as is applicable under the regulations to that establishment or to the class of establishments in which the establishment is included.
The proposed Export Inspection (Establishment Registration Charge) Regulations (Amendment) (‘the Regulations’) set revised rates of charge in respect of the registration of certain establishments, increasing those for poultry establishments and decreasing those for fish establishments.
The Regulations are to come into operation on 1 November 1987.
Overview
The Export Inspection (Establishment Registration Charge) Act 1985 was enacted by the Australian Parliament to address the need for a structured and regulated framework for the export inspection and registration of establishments, particularly in relation to the imposition of fees or charges for such services. This legislation was designed to ensure that there is a consistent and transparent approach to the regulation and oversight of exports, which in turn supports the integrity and quality of Australian products on the international market. The policy objective of the Act is to provide a regulatory mechanism that can be adapted to meet the evolving demands of the export industry through the establishment of appropriate charges for the registration of various types of establishments.
The Export Inspection (Establishment Registration Charge) Regulations (Amendment) 1987, issued under the authority of the Minister of State for Resources, provide for the amendment of the existing regulatory framework to adjust the rates of charge applicable to the registration of certain establishments. The amendment aims to reflect changes in the operational costs and industry standards, ensuring that the charges are both fair and reflective of the specific requirements of different sectors, such as poultry and fish. The Regulations, which are set to come into operation on 1 November 1987, illustrate the flexibility of the legislative framework to respond to industry needs by increasing charges for poultry establishments and decreasing those for fish establishments.
Scope and Application
The Export Inspection (Establishment Registration Charge) Regulations (Amendment) Statutory Rules 1987 No 250, issued under the authority of the Minister of State for Resources, amend the Export Inspection (Establishment Registration Charge) Regulations 1985, which were made under the Export Inspection (Establishment Registration Charge) Act 1985. The Act applies to all establishments involved in the export of goods that require inspection and certification before being exported from Australia. This includes a range of industries such as agriculture, fisheries, and poultry, among others. The Act and its associated regulations have a national reach, applying across all states and territories of Australia. The proposed amendments to the regulations primarily adjust the fees associated with the registration of poultry and fish establishments, with increases for poultry and decreases for fish, effective from 1 November 1987. The Act allows for the establishment of these charges through subordinate legislation, thereby enabling periodic adjustments to meet changing economic and operational conditions without the need for amendments to the primary Act.
Key Provisions
The primary operative sections of the Export Inspection (Establishment Registration Charge) Regulations (Amendment) involve amendments to the rates of charge for the registration of certain establishments under section 9 of the Export Inspection (Establishment Registration Charge) Act 1985. Specifically, section 7 of the Act stipulates that the rate of charge is determined by the regulations. The Regulations amend these rates, increasing the charges for poultry establishments and decreasing them for fish establishments. These changes are intended to reflect updated economic conditions or operational costs associated with the respective industries.
The obligations and requirements imposed by these Regulations primarily affect the entities responsible for registering establishments, such as businesses and individuals involved in the export of poultry and fish. These parties must now comply with the amended rates set forth in the Regulations. The regulations detail the specific rates applicable to each class of establishment, ensuring that the correct charges are applied during the registration process. This compliance is crucial for maintaining the legal status of the establishments involved in export activities.
Breaches of these Regulations could result in various consequences, though specific offences, penalties, or civil and criminal repercussions are not detailed in the provided text. Generally, under the Export Inspection (Establishment Registration Charge) Act 1985, non-compliance with registration charges or the failure to accurately apply the specified rates could be considered a regulatory offence. Penalties might include fines or other enforcement actions as stipulated by the governing authorities. The exact penalties would depend on the nature and severity of the breach, and it is advisable for parties to adhere strictly to the amended rates to avoid any potential legal issues.