EXPLANATORY STATEMENT
Statutory Rules 1987 No 251
Issued by the authority of the Minister of State for Resources
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Quantity Charge) Regulations (Amendment)
Section 10 of the Export Inspection (Quantity Charge) Act 1985 (‘the Act’) provides that the Governor-General 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.
The Export Inspection (Quantity Charge) Regulations prescribe charges on prescribed commodities in respect of which an export permit is granted.
The proposed Export Inspection (Quantity Charge) Regulations (Amendment), which will come into operation on 1 November 1987, set revised charges for dried fruit, grain and dairy produce and exempt dairy produce prepared at an establishment which has an approved quality control system plan in force.
Overview
The Export Inspection (Quantity Charge) Act 1985 was enacted to address the need for regulating and charging export inspections for specific commodities. This Act allows for the establishment of regulations concerning charges for export inspections, which are essential for ensuring that the exports meet certain quality and quantity standards. The Act was enacted by the Commonwealth Parliament and its primary policy objective is to facilitate the efficient and effective management of export inspections by imposing charges that cover the costs associated with these inspections.
The Export Inspection (Quantity Charge) Regulations, amended in 1987, implement the provisions of the Act by setting out the specific charges for various commodities, including dried fruit, grain, and dairy produce. These regulations also provide for exemptions in certain circumstances, such as when dairy produce is prepared at an establishment with an approved quality control system plan. This amendment aimed to fine-tune the regulatory framework to better align with industry practices and standards, ensuring a fair and balanced approach to export inspection charges.
Scope and Application
The Export Inspection (Quantity Charge) Act 1985 applies to entities involved in the export of certain commodities, specifically those for which an export permit is required. These commodities include dried fruit, grain, and dairy produce, among others. The Act mandates that charges be levied on these goods upon the granting of an export permit, as outlined in the Export Inspection (Quantity Charge) Regulations. These regulations are designed to regulate and monitor the export of specified quantities of these goods, ensuring compliance with Australian standards and international agreements. The geographic scope of this Act is national, as it applies across Australia and pertains to exports from any part of the country. The Export Inspection (Quantity Charge) Regulations (Amendment), effective from 1 November 1987, revise the charges on dried fruit, grain, and dairy produce and exempt certain dairy produce from these charges if exported from an establishment with an approved quality control system plan in place. This amendment ensures that the regulatory framework remains current and responsive to industry standards and practices.
Key Provisions
The Export Inspection (Quantity Charge) Regulations (Amendment) (F1996B01404) introduce changes to the charges levied on certain agricultural commodities exported from Australia. Under Section 10 of the Export Inspection (Quantity Charge) Act 1985, these regulations establish revised fees for dried fruit, grain, and dairy produce. Specifically, the amended regulations set new charge rates for these commodities, replacing the previous ones, and introduce an exemption for dairy produce that is processed at an establishment with an approved quality control system plan in place. This amendment aims to streamline the export process and provide incentives for maintaining high-quality standards in dairy production.
The new regulations impose clear obligations on exporters of the specified commodities. Exporters of dried fruit, grain, and dairy produce must now comply with the revised charge rates as outlined in the amended regulations. For dairy produce, those operating from establishments with an approved quality control system plan are exempt from the export inspection charge, provided they continue to adhere to the quality control requirements. This obligation ensures that exporters are aware of and comply with the new financial requirements associated with exporting these commodities, while also rewarding those who maintain high standards.
Breaches of the Export Inspection (Quantity Charge) Regulations (Amendment) can lead to significant consequences. Although the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance with the revised charges or fraudulent claims of quality control system exemptions could be subject to existing penalties under the Export Inspection (Quantity Charge) Act 1985. These penalties may include fines and other enforcement actions. The precise penalties would depend on the nature and severity of the breach, but they serve as a deterrent against non-compliance with the regulatory requirements.