Export Inspection (Quantity Charge) Regulations (Amendment) 1994 No. 371
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 371
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 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.
The purpose of the Export Inspection (Quantity Charge) Regulations (Amendment) is to lower the rate of quantity charge for dairy produce from $3.00 to $1.53 per tonne, and to remove the quantity charge for dried fruit of $2.00 per tonne.
The Export Inspection (Quantity Charge) Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Amendment
Subregulation 1.1 provides that the Regulations are amended as set out in the Export Inspection (Quantity Charge) Regulations (Amendment).
Regulation 2 - Schedule (Rates of Charge)
Subregulation 2.1 provides that the existing schedule is replaced with an amended schedule. The schedule sets a quantity charge for dairy produce of $1.53 per tonne. The schedule removes the category of dried fruit and re-numbers the items for ease of reading.
Overview
The Export Inspection (Quantity Charge) Regulations (Amendment) 1994 No. 371 was enacted to address discrepancies in the quantity charge rates for certain export commodities as prescribed under the Export Inspection (Quantity Charge) Act 1985. The Act was introduced by the Parliament of Australia to facilitate the implementation of the Act by allowing for the amendment of charge rates through statutory rules, rather than requiring legislative change each time a rate adjustment is necessary. The specific policy objective of this amendment was to revise the economic burden on exporters by lowering the charge for dairy produce and eliminating the charge for dried fruit, thereby supporting the competitiveness of these sectors in the international market. This amendment was issued under the authority of the Minister for Primary Industries and Energy, reflecting the government's intent to streamline and modernise the regulatory framework to better suit the needs of the agricultural export industry.
Scope and Application
The Export Inspection (Quantity Charge) Regulations (Amendment) 1994 No. 371 applies to individuals and entities that hold an export permit for commodities issued by the Australian Quarantine and Inspection Service under the Export Control Act 1982. Specifically, it targets the quantity charge for exported commodities, adjusting the rates for dairy produce and removing the charge for dried fruit. This amendment reflects a legislative intent to modify the financial burden on exporters of certain agricultural products by reducing the quantity charge for dairy produce and eliminating it for dried fruit. The scope of this regulation is limited to the geographic jurisdiction of Australia, as it is enacted under Commonwealth authority and applies nationally. The Act does not explicitly state any exclusions or thresholds beyond the specified changes to the rates of charge. The amendment extends the application of the original regulations by altering the prescribed charges, thereby directly impacting the financial obligations of exporters involved in these sectors.
Key Provisions
The Export Inspection (Quantity Charge) Regulations (Amendment) 1994 No. 371 primarily amends the existing Export Inspection (Quantity Charge) Regulations (the Regulations) under the Export Inspection (Quantity Charge) Act 1985 (the Act). Section 10 of the Act allows the Governor-General to make regulations necessary for carrying out the Act, including prescribing charges for commodities exported under an export permit issued by the Australian Quarantine and Inspection Service. Regulation 1 of the Amendment establishes that the Regulations are amended as detailed in the Amendment, while Regulation 2 replaces the existing schedule of charges with a new schedule (subregulation 2.1). The amendment specifically reduces the charge for dairy produce from $3.00 to $1.53 per tonne and removes the charge for dried fruit entirely.
The obligations and requirements imposed by the Amendment include ensuring that all parties involved in the export of dairy produce and dried fruit comply with the new charge rates as stipulated in the amended schedule. Exporters who hold an export permit for dairy produce must now pay the reduced charge of $1.53 per tonne, while those exporting dried fruit are no longer required to pay any quantity charge. The changes necessitate updates to any internal systems and documentation used by exporters, Australian Quarantine and Inspection Service personnel, and possibly customs agents to reflect these new rates.
Failure to comply with the amended regulations may result in legal consequences. Although the Amendment does not explicitly detail penalties for non-compliance, breaches of export regulations under the Export Control Act 1982 can lead to civil or criminal penalties. Civil penalties may include fines up to a certain amount as prescribed by the relevant legislation, while criminal penalties could result in imprisonment, reflecting the severity of the breach. The exact penalties would be governed by the provisions of the Export Control Act 1982 and other related laws. It is imperative for all parties to adhere to the new charge rates to avoid any potential legal ramifications.