EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 303
Issued by authority of the Minister of State for Resources
EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES) ACT 1985
EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES) REGULATIONS AMENDMENT
Section 9 of the Export Inspection (Establishment Registration Charges) Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of sections 6 and 7 of the Act. Subsection 6(1) of the Act imposes a charge on the registration of an establishment that is registered for operations associated with the preparation of a prescribed commodity specified in the regulations.
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 that class of establishments in which the establishment is included.
The Export Inspection (Establishment Registration Charges) Regulations have been amended to specify dried tree fruit (other than prunes) and dried vine fruit as prescribed commodities. The amendments also set rates of charge in respect of establishments registered for processing those commodities establishments registered for storing those commodities.
Details of the amendments are set out in the attachment.
The amendments commence on 1 October 1990.
ATTACHMENT
EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES) REGULATIONS (AMENDMENT)
The amendments amend the Export Inspection (Establishment Registration Charges) Regulations in the following manner.
Regulation 3 specifies dried tree fruit (other than prunes) and dried vine fruit as prescribed commodities. This allows for the imposition of charges on the registration of an establishment that is registered for the operations associated with the preparations of those commodities.
Regulation 4 sets two rates of charge; one for those establishments registered for processing dried tree fruit (other than prunes) or dried vine fruit, or both; and the other for establishments registered for storing those commodities. The rates of charge are $530 per annum and $265 per annum respectively.
The above amendments are part of a package of amendments to export inspection charging legislation in respect of dried fruit. The Export Inspection (Quantity Charge) Regulations have been amended to remove dried fruit from charge by reference to quantity. The quantity based charge has been replaced by a charge calculated on a time basis, as introduced by way of simultaneous amendments to the Export Inspection (Service Charge) Regulations, and a charge based on establishment registration, as introduced by these amendments to the Export Inspection (Establishment Registration Charges) Regulations.
The apportionment of the new charges between establishment registration charge and service charge has been calculated on the basis that the registration charge should closely equate with Australian Quarantine and Inspection Service central and regional office costs and the service charge should closely equate with the direct cost of the provision of inspection services.
The new export inspection charging system for the above commodities will more closely align inspection services with the fee for service regime now in place for most other export commodities prescribed under the Export Control Act 1982.
The package of changes in charging for export inspection of dried fruit is intended to encourage more efficient utilisation of export inspection services resulting in an overall reduction in inspection costs.
The quantum of the new charges is on the basis of recovering 60% of the cost of the provision of the export inspection services.
Overview
The Export Inspection (Establishment Registration Charges) Act 1985, enacted by the Australian Parliament, was introduced to address the need for regulating charges associated with the registration of establishments involved in operations related to the preparation of prescribed commodities. This Act empowers the Governor-General to make regulations concerning the registration of establishments, specifically imposing charges as outlined in sections 6 and 7. The recent amendments to the Export Inspection (Establishment Registration Charges) Regulations have further refined the application of these charges by specifying dried tree fruit (excluding prunes) and dried vine fruit as prescribed commodities, thereby enabling the imposition of registration charges for establishments involved in processing or storing these commodities. The policy objective behind these amendments is to create a more efficient and cost-effective inspection service regime, aligning it with the fee-for-service model used for most other export commodities under the Export Control Act 1982, and to achieve a more accurate recovery of the costs associated with export inspection services.
Scope and Application
The Export Inspection (Establishment Registration Charges) Regulations Amendment pertains to the Export Inspection (Establishment Registration Charges) Act 1985, which applies to entities engaged in the preparation and storage of specified commodities for export, specifically dried tree fruit (excluding prunes) and dried vine fruit. These regulations establish charges for the registration of establishments involved in the processing or storage of these commodities, ensuring compliance with export inspection requirements. The amendment specifies two distinct rates: $530 per annum for establishments registered for processing and $265 per annum for those registered for storage, reflecting the different levels of service required. The regulations have a national reach, impacting all establishments across Australia involved in the processing and storage of these commodities for export. The amendments, which commenced on 1 October 1990, are part of a broader legislative package designed to align the export inspection charging system for dried fruit with the fee-for-service regime, aiming to enhance efficiency and reduce overall inspection costs.
Key Provisions
The Export Inspection (Establishment Registration Charges) Act 1985 (the Act) lays out provisions for imposing charges on the registration of establishments involved in the preparation of prescribed commodities. Under section 6(1) of the Act, a charge is imposed on the registration of any establishment that is registered for operations associated with the preparation of prescribed commodities. Section 7 of the Act specifies that the rate of charge is determined by the regulations applicable to the establishment or its class. The Act allows the Governor-General to make regulations for the purposes of sections 6 and 7, which is exercised through the Export Inspection (Establishment Registration Charges) Regulations.
These regulations have been amended to specify dried tree fruit (other than prunes) and dried vine fruit as prescribed commodities (Regulation 3). This amendment permits the imposition of charges on the registration of establishments involved in processing or storing these commodities. The new rates of charge are set at $530 per annum for establishments registered for processing and $265 per annum for those registered for storing (Regulation 4). These amendments aim to more closely align the inspection services for dried fruit with the fee-for-service regime applicable to most other export commodities under the Export Control Act 1982.
The obligations imposed by the Act and the amended regulations require establishments engaged in the preparation, processing, or storage of specified dried fruits to register and pay the prescribed charges. The regulations provide clear guidelines on the specific rates applicable to different types of operations, ensuring that all relevant parties are aware of their financial obligations.
Non-compliance with these obligations may result in legal consequences. Although the specific offences and penalties are not detailed in the provided text, it is reasonable to infer that failure to register or pay the applicable charges could lead to enforcement actions. In general, breaches of regulations related to export inspections could attract penalties under broader export control legislation. The penalties could include fines or other civil or criminal consequences, depending on the severity and intent of the breach. The exact penalties would need to be examined within the context of the broader Export Control Act 1982 and related enforcement provisions.