Export Inspection (Quantity Charge) Amendment Regulations 1998 (No. 2) 1998 No. 328
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 328
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Quantity Charge) Amendment Regulations 1998 (No. 2)
Section 10 of the Export Inspection (Quantity Charge) Act 1985 (the Act) provides that the GovernorGeneral may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act, and, in particular, exempting a class or classes of a prescribed commodity from charge, and prescribing different rates of charge in respect of different classes of prescribed commodity.
The Export Inspection (Quantity Charge) Regulations (the Regulations) prescribe quantity charges payable by persons in whose name an export permit is issued under the Export Control Act 1982 by the Australian Quarantine and Inspection Service (AQIS). The quantity charges are part of the mix of charges agreed by industry to recover the costs of providing export inspection services.
The AQIS Export Grains Program recorded a trading surplus of $276,000 for 1997/98 despite a 20% reduction in charges for the last six months of the financial year. Since the 20% reduction was removed in July 1998, restoring the original baseline charges, the indications are that the Program will again over-recover this financial year unless the charges are reduced. The AQIS Grain Industry Consultative Working Group (AGICWG) forecast that Australia could expect to export 23 million tonnes of grain in 1998/99 which is higher than average. At its teleconference on 14 October 1998 the AGICWG agreed to the option of a 10% across the board reduction in charges.
The purpose of the Regulations is to prescribe reduced charges relating to services provided under the AQIS Export Grains Program for the remainder of the 1998/99 financial year for the inspection of bulk, bagged and containerised grain for export.
The Amendment Regulations will amend the Regulations as follows:
Clause 1 - Name of Regulations
Clause 1.1 provides for the title of the Regulations.
Clause 2 - Commencement
Clause 2.1 provides that the Regulations as amended commence on 13 January 1999.
Clause 3 - Amendment
Clause 3.1 provides that the Regulations are amended as set out in the Export Inspection (Quantity Charge) Amendment Regulations 1998 (No. 2).
Schedule 1 - (Regulation 3.1 - Rates of Change)
Item 1 substitutes the name of the Regulations.
Items 2 and 3 amends the scheduled charges.
Overview
The Export Inspection (Quantity Charge) Amendment Regulations 1998 (No. 2) were enacted to address the issue of over-recovery of costs in the Australian Quarantine and Inspection Service's (AQIS) Export Grains Program. This regulation was issued under the authority of the Minister for Agriculture, Fisheries and Forestry and was intended to implement the policy objective of reducing export inspection charges for grain to prevent over-recovery of costs. The Export Inspection (Quantity Charge) Act 1985 provided the legislative framework for these regulations, allowing for the prescription of charges for export inspection services. The 1997/98 financial year saw a surplus in the AQIS Export Grains Program despite a reduction in charges, and forecasts indicated that the program would continue to over-recover unless charges were further reduced. As a result, the Export Inspection (Quantity Charge) Amendment Regulations 1998 (No. 2) were introduced to reduce the charges by 10% for the remainder of the 1998/99 financial year.
Scope and Application
The Export Inspection (Quantity Charge) Amendment Regulations 1998 (No. 2) applies to persons who have an export permit issued under the Export Control Act 1982 for the export of grain, and who are subject to the quantity charges set out in the Export Inspection (Quantity Charge) Regulations 1998. These regulations are made under the authority of the Export Inspection (Quantity Charge) Act 1985 and are administered by the Australian Quarantine and Inspection Service (AQIS). The charges are designed to recover the costs of providing export inspection services for grain. The amendment applies to the remainder of the 1998/99 financial year, and provides for a reduction in the quantity charges by 10% for the inspection of bulk, bagged and containerised grain for export. The Regulations have a national reach within Australia and apply to all entities and industries involved in the export of grain. There are no stated exclusions or exemptions from the application of these Regulations. The application of the Act and Regulations may be extended or restricted through subordinate instruments made under the authority of the Act.
Key Provisions
The Export Inspection (Quantity Charge) Amendment Regulations 1998 (No. 2) amend the existing Export Inspection (Quantity Charge) Regulations, which set out the quantity charges payable by those who hold an export permit under the Export Control Act 1982, as administered by the Australian Quarantine and Inspection Service (AQIS). The charges are part of the overall cost recovery for the provision of export inspection services. The main amendments in this instance relate to the rates of charge for the inspection of grain exports, reducing them by 10% to reflect anticipated export volumes and financial recovery predictions. These regulations are designed to address the financial implications of the AQIS Export Grains Program, which had previously experienced an over-recovery in charges.
The obligations under these Regulations are primarily focused on the entities or individuals holding export permits for grain. They must now comply with the amended rates of charge as specified in the Schedule of the Regulations. This includes ensuring that the correct charge is applied when exporting grain and that any necessary documentation or declarations are accurately completed and submitted. The Regulations also require that AQIS, as the administering body, apply these reduced charges consistently across all relevant exports.
In terms of compliance and enforcement, any failure to adhere to the requirements of the Regulations could lead to various consequences. While the specific legal repercussions are not detailed in the explanatory statement, it can be inferred that breaches of these regulatory requirements could potentially result in penalties. These might include fines or other financial penalties as stipulated by relevant legislation, or more severe consequences if the breach is deemed to be in the nature of an offence under the Export Control Act 1982 or other associated laws. The exact penalties would depend on the specific nature of the breach and the provisions of the applicable legislation.