Export Inspection Legislation (Consequential Amendments) Act 1985

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Export Inspection Legislation (Consequential Amendments) Act 1985

No. 28 of l985

 

An Act to make amendments of certain Acts, and to repeal certain Acts, in consequence of the enactment of the Export Inspection Charge Act 1985 and the Export Inspection Charge Collection Act 1985

[Assented to 22 May 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Export Inspection Legislation (Consequential Amendments) Act 1985.

Commencement

2. This Act shall come into operation on the day that is fixed by Proclamation for the purposes of sub-section 2 (2) of the Export Inspection Charge Act 1985.


PART II—AMENDMENT OF DAIRY PRODUCTS (EXPORT INSPECTION CHARGE) ACT 1982

Principal Act

3. The Dairy Products (Export Inspection Charge) Act 19821 is in this Part referred to as the Principal Act.

Imposition of charge

4. Section 5 of the Principal Act is amended by inserting in sub-section (1) “that are, on a day before the day that is fixed by Proclamation for the purposes of sub-section 2 (2) of the Export Inspection Charge Act 1985” after “dairy products”.

PART III—AMENDMENT OF DRIED FRUIT (EXPORT INSPECTION CHARGE) ACT 1981

Principal Act

5. The Dried Fruit (Export Inspection Charge) Act 19812 is in this Part referred to as the Principal Act.

Imposition of charge

6. Section 5 of the Principal Act is amended by adding at the end of sub-section (1) “other than dried fruit that is so exported pursuant to a licence or permission to export that dried fruit granted under section 7 of the Export Control Act 1982 on or after the day that is fixed by Proclamation for the purposes of the Export Inspection Charge Act 1985”.

PART IV—AMENDMENT OF EGGS (EXPORT INSPECTION CHARGE) ACT 1982

Principal Act

7. The Eggs (Export Inspection Charge) Act 19823 is in this Part referred to as the Principal Act.

Imposition of charge

8. Section 5 of the Principal Act is amended by inserting in sub-section (1) “that are, on a day before the day that is fixed by Proclamation for the purposes of sub-section 2 (2) of the Export Inspection Charge Act 1985” after “eggs”.

PART V—AMENDMENT OF EXPORT CONTROL (MISCELLANEOUS AMENDMENTS) ACT 1982

Principal Act

9. The Export Control (Miscellaneous Amendments) Act 19824 is in this Part referred to as the Principal Act.


Repeal of Part X

10. Part X of the Principal Act is repealed.

PART VI—AMENDMENT OF FISH (EXPORT INSPECTION CHARGE) ACT 1981

Principal Act

11. The Fish (Export Inspection Charge) Act 19815 is in this Part referred to as the Principal Act.

Imposition of charge

12. Section 5 of the Principal Act is amended by inserting in sub-section (1) “that is, on a day before the day that is fixed by Proclamation for the purposes of sub-section 2 (2) of the Export Inspection Charge Act 1985,” after “fish”.

PART VII—AMENDMENT OF GRAIN (EXPORT INSPECTION CHARGE) ACT 1979

Principal Act

13. The Grain (Export Inspection Charge) Act 19796 is in this Part referred to as the Principal Act.

Imposition of charge

14. Section 5 of the Principal Act is amended by adding at the end of sub-section (1) “other than grain that is so exported pursuant to a licence or permission to export that grain granted under section 7 of the Export Control Act 1982 on or after the day that is fixed by Proclamation for the purposes of sub-section 2 (2) of the Export Inspection Charge Act 1985”.

PART VIII—REPEAL OF CERTAIN ACTS

15. The Acts set out in the Schedule are repealed.

–––––––––––––

SCHEDULE Section 15

Edible Oils (Export Inspection Charge) Act 1982

Edible Oils (Export Inspection Charge) Amendment Act 1983

Edible Oils (Export Inspection Charge) Collection Act 1982


NOTES

1. No. 10, 1982, as amended. For previous amendments, see No. 155, 1984.

2. No. 59, 1981.

3. No. 14, 1982, as amended. For previous amendments, see No. 44, 1983; and No. 157, 1984.

4. No. 48, 1982.

5. No. 57, 1981, as amended. For previous amendments, see No. 48, 1982.

6. No. 47, 1979, as amended. For previous amendments, see No. 43, 1983.

 

[Minister’s second reading speech made in—

House of Representatives on 17 April 1985

Senate on 10 May 1985]

Overview

The Export Inspection Legislation (Consequential Amendments) Act 1985 was enacted to address the need for amendments and repeals of existing legislation in response to the introduction of the Export Inspection Charge Act 1985 and the Export Inspection Charge Collection Act 1985. This Act was passed by the Commonwealth Parliament to ensure consistency and coherence in the legislative framework concerning export inspection charges for various agricultural products. By making amendments to specific Acts and repealing others, the legislation aimed to streamline the regulatory environment and facilitate the implementation of the new export inspection charge regime.

Scope and Application

The Export Inspection Legislation (Consequential Amendments) Act 1985 applies to various entities and products engaged in the exportation of specific agricultural goods from Australia. This Act primarily affects the entities responsible for the exportation of dairy products, dried fruit, eggs, fish, grain, and edible oils by modifying or repealing existing legislation concerning the imposition of export inspection charges for these products. The Act also impacts the industries involved in the export of these goods by ensuring that the legislative framework aligns with the new Export Inspection Charge Act 1985 and the Export Inspection Charge Collection Act 1985. The geographic reach of this Act is national, applying uniformly across Australia. The Act does not specify exclusions or exemptions, but it does detail the repeal of certain Acts related to the export inspection charges for the mentioned products, streamlining the legislative framework for exports. The Act may extend or restrict its application through subordinate instruments, though specific details on such instruments are not provided in the text.

Key Provisions

The Export Inspection Legislation (Consequential Amendments) Act 1985 (the Act) is designed to amend several existing Acts concerning the export inspection charges for various products and to repeal certain related Acts. Specifically, it amends the Dairy Products (Export Inspection Charge) Act 1982, Dried Fruit (Export Inspection Charge) Act 1981, Eggs (Export Inspection Charge) Act 1982, Fish (Export Inspection Charge) Act 1981, Grain (Export Inspection Charge) Act 1979, and Export Control (Miscellaneous Amendments) Act 1982. The Act also repeals the Edible Oils (Export Inspection Charge) Act 1982, the Edible Oils (Export Inspection Charge) Amendment Act 1983, and the Edible Oils (Export Inspection Charge) Collection Act 1982. In terms of what the Act requires or permits, it imposes certain charges on the export of specified agricultural products. For example, section 4 amends the Dairy Products (Export Inspection Charge) Act 1982 to specify that the charge applies to dairy products exported before a particular date, as fixed by Proclamation under the Export Inspection Charge Act 1985 (section 4). Similarly, section 6 amends the Dried Fruit (Export Inspection Charge) Act 1981 to exempt dried fruit exported under a licence or permission granted under the Export Control Act 1982 after the specified date (section 6). The Act also imposes a similar amendment to the Eggs (Export Inspection Charge) Act 1982 (section 8), Fish (Export Inspection Charge) Act 1981 (section 12), and Grain (Export Inspection Charge) Act 1979 (section 14). Additionally, section 10 repeals Part X of the Export Control (Miscellaneous Amendments) Act 1982. The obligations and requirements imposed by the Act on the parties or entities it governs include compliance with the specified dates for the application of the export inspection charges and adherence to the exemptions provided for products exported under certain licences or permissions. For instance, exporters of dairy products, eggs, fish, and grain must ensure that the products are exported before the specified date to avoid the charge, except where they have obtained the necessary permissions under the Export Control Act 1982. Furthermore, the Act requires those involved in the export of edible oils to comply with the repealed Acts' provisions until the specified date of commencement of the new legislation. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the implication is that failure to comply with the specified dates and conditions for the application of the export inspection charges, or non-compliance with the repealed Acts until the specified date, could result in penalties under the respective Acts. For instance, under the Export Inspection Charge Act 1985, penalties may include fines for non-compliance with the charge provisions.

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Area of Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Imposition of charge

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