Export Inspection (Establishment Registration Charges) Amendment Act 1987

Overview

The Export Inspection (Establishment Registration Charges) Amendment Act 1987 was enacted to modify the Export Inspection (Establishment Registration Charge) Act 1985, addressing the need for more flexible and detailed regulations regarding charges related to the registration of establishments exporting goods. This Act was passed by the Queen, in accordance with the Australian Parliament, comprising the Senate and the House of Representatives. The primary policy objective was to enable the imposition of charges not only at the time of establishment registration but also during the period of registration, thereby allowing for more nuanced and adaptive regulatory fees. The legislative amendments facilitate a more comprehensive framework for the imposition of charges, ensuring that they are aligned with the regulatory requirements and can be adjusted as necessary through the making of regulations by the Governor-General.

Scope and Application

The Export Inspection (Establishment Registration Charges) Amendment Act 1987 amends the Export Inspection (Establishment Registration Charge) Act 1985, which is concerned with charges associated with the registration of establishments involved in the export of goods. The Act applies to entities and individuals who are the registered occupiers of establishments involved in exporting activities, imposing charges on these occupiers in relation to the registration of their establishments or classes of establishments. The legislation operates within the Commonwealth jurisdiction, affecting entities across Australia as it is a federal act. The Act specifies that charges can be imposed during the registration process and allows for the imposition of charges on both the initial registration and during the registration period, subject to regulations. These regulations, which can be made by the Governor-General, will detail the specific rates and conditions of the charges, ensuring they are not inconsistent with the Act. The Act also removes previous references to a single charge and instead allows for a more flexible structure of charges in relation to the registration process.

Key Provisions

The Export Inspection (Establishment Registration Charges) Amendment Act 1987 primarily amends the Export Inspection (Establishment Registration Charge) Act 1985. Section 5 amends the definition of the charge imposed on establishments, altering it from a singular charge to multiple charges that can be imposed in accordance with regulations. Section 5(1a) further allows regulations to specify charges both at the time of registration and during the registration process. Section 6 updates the terminology from "charge in respect of" to "a charge in relation to," thereby clarifying the scope of the charges. The Act also repeals sections 8 and 9 of the Principal Act and replaces them with new provisions. The new section 8 specifies that the charge for the registration of an establishment is to be paid by the registered occupier of the establishment when the charge is due. Section 9 grants the Governor-General the authority to make regulations necessary for implementing the Act, as long as they do not conflict with its provisions. The obligations imposed by this Act on the parties it governs are primarily related to the payment of charges and compliance with regulations. The Act requires that charges in relation to the registration of an establishment be paid by the registered occupier when due. Additionally, the Act mandates that any regulations made under it must be consistent with the Act and necessary for its effective implementation. The Act also places the responsibility on the Governor-General to ensure that regulations are made as needed to govern the imposition and collection of charges. Breaches of the provisions set out in this Act can lead to various legal consequences. Although specific offences and penalties are not detailed within the text provided, it is reasonable to infer that non-compliance with the charge payment obligations could lead to civil penalties, such as fines. Additionally, the making of regulations that conflict with the Act or are not necessary for its implementation could be subject to judicial review. The maximum penalties for such breaches would depend on the specific regulations and the context of the breach, as detailed in the relevant regulatory frameworks or other applicable legislation.