Export Inspection (Quantity Charge) Amendment Regulations 2000 (No. 1) 2000 No. 26
EXPLANATORY STATEMENT
Statutory Rules 2000 No. 26
Issued by the authority of the Minister for Agriculture Fisheries and Forestry
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Quantity Charge) Amendment Regulations 2000 (No. 1)
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 a charge and, prescribing different rates of charge in respect of different classes of a prescribed commodity.
The Export Inspection (Quantity Charge) Regulations 1985 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 a mix of charges agreed by industry to recover the costs of providing export inspection services.
Export Inspection (Quantity Charge) Amendment Regulations 2000 (No. 1) (the regulations) reduce the rate of charge for grain that is shipped for export in a container system, and, is prepared. for export using a system implemented under a certification assurance arrangement. The regulations also correct some minor drafting errors and make some minor technical amendments.
The amendment reduces a charge that was introduced in February 1999 for grain that is shipped for export in a container system, and, is prepared for export using a system implemented under a certification assurance arrangement. The reduction arises following an over recovery of costs from grain exporters in the last financial year which has continued into the current financial year. The over recovery in costs was due to higher than expected preparation of grain for export under certified assurance arrangements.
Details of the amendments are as follows:
Name of Regulations
Regulation 1 states that the regulations are called the Export Inspection (Quantity Charge) Amendment Regulations 2000 (No. 1).
Commencement
Regulation 2 states that the regulations commence on gazettal.
Amendments
Regulation 3 states that Schedule 1 amends the Export Inspection (Quantity Charge) Regulations 1985.
Schedule 1 - Amendments
Item 1 amends regulation 3 by deleting the reference to a previously omitted subregulation and consequently corrects a drafting error.
Items 2 omits regulation 4 as there are currently no classes of prescribed commodities exempt from the charge imposed by subsection 6 (1) of the Act.
Item 3 amends the heading of the Schedule to bring it into line with current drafting practice.
Item 4 amends the heading of column 2 in the Schedule to reflect the language used in section 7 of the Export Inspection (Quantity Charge) Act 1985.
Item 5 reduces the rate of charge from 50 cents for each tonne or part of a tonne to 40 cents for each tonne or part of a tonne for grain that is shipped for export in a container system, and, is prepared for export using a system implemented under a certification assurance arrangement.
Overview
The Export Inspection (Quantity Charge) Amendment Regulations 2000 (No. 1) were introduced to address discrepancies in the cost recovery system for export inspection services, specifically for grain shipped in a container system and prepared for export under a certification assurance arrangement. Enacted by the Australian Parliament, these regulations aim to correct an over recovery of costs from grain exporters, which was identified as a result of higher than expected preparation of grain for export under the mentioned arrangement. The regulations amend the Export Inspection (Quantity Charge) Regulations 1985, reducing the rate of charge for the specified grain from 50 cents per tonne to 40 cents per tonne, while also correcting minor drafting errors and making technical amendments. This adjustment was made under the authority of the Minister for Agriculture, Fisheries and Forestry to ensure that the export inspection service charges remain fair and reflective of actual costs incurred.
Scope and Application
The Export Inspection (Quantity Charge) Amendment Regulations 2000 (No. 1) amend the Export Inspection (Quantity Charge) Regulations 1985, which are subsidiary legislation made under the Export Inspection (Quantity Charge) Act 1985. The Act applies to persons in whose name an export permit is issued under the Export Control Act 1982 by the Australian Quarantine and Inspection Service (AQIS), and it pertains specifically to the quantity charges payable for export inspection services. These regulations are designed to adjust the rates of charges for certain goods, in this instance reducing the charge for grain exported in a container system under a certification assurance arrangement. The geographic and jurisdictional reach of these regulations is nationwide, as they apply to all entities involved in exporting goods under the purview of AQIS. The regulations do not exclude any specific classes of commodities from the charge, although they do adjust the rates for certain goods. The amendments were made to correct an over-recovery of costs from grain exporters and to rectify minor drafting errors in the original regulations. The regulations came into effect upon gazettal and are applicable across Australia.
Key Provisions
The Export Inspection (Quantity Charge) Amendment Regulations 2000 (No. 1) primarily concern the amendment of rates for quantity charges on certain exported goods. Specifically, Regulation 3 of Schedule 1 reduces the charge for grain exported in a container system, which is prepared for export using a certification assurance arrangement (item 5). The Act (section 10) provides the authority for these regulations, which must not be inconsistent with the Act and must be necessary or convenient for its implementation. The amendments made by the regulations are aimed at adjusting the rates to reflect an over recovery of costs by exporters in the previous financial year.
The regulations impose specific obligations on parties subject to the charges. Persons in whose name an export permit is issued under the Export Control Act 1982 must comply with the quantity charges prescribed by the Export Inspection (Quantity Charge) Regulations 1985, as amended by the current regulations. For grain shipped for export in a container system and prepared for export under a certification assurance arrangement, the charge is reduced from 50 cents to 40 cents per tonne or part of a tonne. These regulations ensure that the charges reflect the actual costs incurred by the Australian Quarantine and Inspection Service (AQIS) in providing export inspection services.
There are no explicit provisions within the explanatory statement regarding offences, penalties, or consequences for breach. However, non-compliance with these regulations could potentially lead to civil or administrative penalties under the broader legislative framework governing export controls and charges. The maximum penalties would be determined by the specific provisions of the Export Control Act 1982 and any related legislation, rather than the regulations themselves. It is important for parties affected by these regulations to ensure compliance to avoid any adverse legal or financial consequences.