Export Inspection (Quantity Charge) Regulations (Amendment) 1997 No. 408
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 408
Issued by the authority of the Minister for Primary Industries and Energy
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, 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 purpose of the Export Inspection (Quantity Charge) Regulations (Amendment) is to prescribe reduced rates of charge for the remainder of the 1997/98 financial year for the inspection of bulk grain, bagged grain and containerised grain for export. The proposed Regulations reduce the quantity charge for bulk grain which is not subject to a certification assurance arrangement from 13.5 cents to 10.8 cents per tonne and reduces the quantity charge for bulk grain which is subject to a certification assurance arrangement from 5.1 cents to 3.8 cents per tonne. The Regulations also reduce the quantity charge for bagged grain from $l to 80 cents per tonne and the quantity charge for containerised grain from $5 to $4 per tonne. All revised fees have been endorsed by grain industry representative groups.
The reductions are due to an increase in the estimated export tonnage of grains for the 1997/98 financial year. The estimate has been compiled on the advice of peak industry bodies, including the Australian Wheat Board and the Australian Barley Board. The rate per tonne was previously calculated on exports of 16 million tonnes and this estimate has now been increased to 17.5 million tonnes. The additional 1.5 million tonnes has the effect of requiring a lower rate per tonne to recover costs relevant to the provision of inspection services for the Export Grains Programme.
The Export Inspection (Quantity Charge) Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Commencement
Subregulation 1.1 provides that the Regulations as amended will commence on 13 January 1998.
Regulation 2 - Amendment
Subregulation 2.1 provides that the Regulations are amended as set out in the Export Inspection (Quantity Charge) Regulations (Amendment).
Regulation 3 - Schedule (Rates of Charge)
Subregulation 3.1 omits "13.5 cents" from Item 1, Column 3 of the Schedule and substitutes "10.8 cents".
Subregulation 3.2 omits "5.1 cents" from Item 1, Column 3 of the Schedule and substitutes "3.8 cents".
Subregulation 3.3 omits "$1" from Item 1, Column 3 of the Schedule and substitutes "80 cents".
Subregulation 3.4 omits "$5" from Item 1, Column 3 of the Schedule and substitutes "$4".
Overview
The Export Inspection (Quantity Charge) Regulations (Amendment) 1997, No. 408, was enacted to address the need to revise the quantity charges for grain exports in response to changes in estimated export volumes. This amendment was made under the authority of the Minister for Primary Industries and Energy, and it aims to ensure that the fees charged for export inspection services are aligned with the actual costs incurred. The original Export Inspection (Quantity Charge) Regulations prescribe the fees for the Australian Quarantine and Inspection Service (AQIS) to cover the costs of providing export inspection services. The 1997 amendment was necessary following an increase in the estimated export tonnage of grains for the 1997/98 financial year, necessitating a reduction in the per tonne charges to maintain cost recovery. The new rates were endorsed by industry representatives and were set to commence on 13 January 1998, reducing the charge for bulk grain and other grain exports to reflect the higher expected export volumes.
Scope and Application
The Export Inspection (Quantity Charge) Regulations (Amendment) 1997 No. 408 apply to the persons in whose name an export permit is issued under the Export Control Act 1982 by the Australian Quarantine and Inspection Service (AQIS). The Regulations specifically pertain to the quantity charges for the inspection of bulk grain, bagged grain, and containerised grain exported from Australia. These charges are a component of the fees agreed upon by the industry to cover the costs associated with providing export inspection services. The amendment to the Export Inspection (Quantity Charge) Regulations reduces the charges for the remainder of the 1997/98 financial year, following an increase in the estimated export tonnage of grains as advised by industry bodies like the Australian Wheat Board and the Australian Barley Board. The revised rates, endorsed by grain industry representatives, are necessary to align with the updated export tonnage estimates, ensuring that the fees remain effective in covering the relevant costs for the Export Grains Programme. The Regulations are issued under the authority of the Minister for Primary Industries and Energy, and they have a national reach within Australia. The amendments to the Regulations are detailed in the Schedule, which adjusts the rates of charge for different types of grain exports.
Key Provisions
The main operative sections of the Export Inspection (Quantity Charge) Regulations (Amendment) 1997 No. 408 (the Regulations) include the commencement date and the specific amendments to the rates of charge for bulk grain, bagged grain, and containerised grain. Regulation 1 sets the commencement date for the amended Regulations as 13 January 1998, while Regulation 2 states that the Regulations will be amended as outlined in the Export Inspection (Quantity Charge) Regulations (Amendment). Regulation 3 specifies the changes to the rates of charge, with subregulations 3.1 to 3.4 detailing the reductions for each type of grain.
The Regulations impose specific obligations and requirements on the parties governed by them. These include the obligation for persons in whose name an export permit is issued under the Export Control Act 1982 to pay the specified quantity charges for export inspections conducted by the Australian Quarantine and Inspection Service (AQIS). The charges are based on the type of grain being exported and whether it is subject to a certification assurance arrangement. The reductions in the rates of charge are intended to reflect an increase in the estimated export tonnage of grains for the 1997/98 financial year, ensuring that the charges remain appropriate for the provision of inspection services.
Failure to comply with the amended Regulations may result in civil or administrative consequences. While the Regulations do not explicitly state penalties for non-compliance, the underlying Act, the Export Inspection (Quantity Charge) Act 1985, likely provides for enforcement mechanisms and potential penalties. Non-compliance with export inspection charges could lead to financial liabilities, legal action, or other administrative measures imposed by the relevant authorities to ensure compliance with the prescribed rates. It is important for entities involved in grain exports to adhere to the amended rates to avoid any potential repercussions.