EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 305
Issued by the authority of the Minister of State for Resources
EXPORT INSPECTION (QUANTITY CHARGE) ACT 1985
EXPORT INSPECTION (QUANTITY CHARGE) REGULATIONS
Section 10 of the Export Inspection (Quantity Charge) Act 1985 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed. Included in that power is the power to make regulations exempting a prescribed commodity from charge under the Act.
The amendment amends the Export Inspection (Quantity Charge) Regulations to omit the heading “Dried Fruit” and Items 5 and 6 from the Schedule. This means that now there is no quantity charge under the Export Inspection (Quantity Charge) Act 1985 in respect of dried fruit.
The amendments are part of a package of amendments to export inspection charging legislation in respect of dried fruit. The quantity based charge has been replaced by a charge calculated on a time basis, as introduced by simultaneous amendments to the Export Inspection (Service Charge) Regulations, and a charge based on establishment registration, as introduced by amendments to the Export Inspection (Establishment Registration Charges) Regulations.
The new export inspection charging system for dried fruit more closely aligns inspection services in respect of dried fruit with the fee for service regime now in place for most other export commodities prescribed under the Export Control Act 1982.
The package of changes in charging for export inspection of dried fruit is intended to encourage more efficient utilisation of export inspection services resulting in an overall reduction in inspection costs.
The amendments commence on 1 October 1990.
Overview
The Export Inspection (Quantity Charge) Act 1985 was enacted to provide a framework for imposing charges on exported goods based on quantity, facilitating the management of export inspection services. This Act empowers the Governor-General to create regulations that govern the application of these charges, including the ability to exempt certain commodities. The Act was designed to address the need for a structured approach to managing export inspection costs, particularly in relation to the quantity of goods being exported. The Parliament enacted this legislation to ensure that the charges imposed on export inspections were fair and aligned with the efficient use of resources. The policy objective of the Act is to create a cost-effective system that supports the export industry while ensuring that the government can recover the costs associated with inspection services.
Scope and Application
The Export Inspection (Quantity Charge) Act 1985 applies to entities engaged in the export of goods from Australia, with specific provisions relating to the imposition of quantity-based charges for export inspection services. This Act targets the export industry, particularly those exporting commodities that are subject to inspection to ensure compliance with quality and safety standards. The Act’s jurisdictional reach is national, applying across the Commonwealth of Australia, and it extends to any person or entity involved in the export of goods that require inspection. The Act’s scope is further defined and detailed through subordinate regulations, which can specify exemptions and thresholds for particular commodities. The explanatory statement highlights amendments to these regulations, specifically removing the quantity charge for dried fruit exports, replacing it with a time-based charge and an establishment registration charge, thereby aligning the inspection regime for dried fruit with that of other export commodities under the Export Control Act 1982. These changes aim to streamline the export inspection process and reduce overall inspection costs, with the amendments taking effect from 1 October 1990.
Key Provisions
The Export Inspection (Quantity Charge) Act 1985, as amended by the Statutory Rules 1990 No. 305, includes significant changes to the regulations governing the charge for export inspections of certain commodities. Specifically, Section 10 of the Act, which allows the Governor-General to make regulations concerning matters required or permitted by the Act, has been exercised to exempt dried fruit from the quantity charge stipulated under the Act. This change is reflected in the removal of the heading "Dried Fruit" and Items 5 and 6 from the Schedule of the Export Inspection (Quantity Charge) Regulations. As a result, dried fruit is now exempt from the quantity-based charge under the Act (Section 10).
The obligations and requirements of the Act for entities involved in the export of dried fruit have been altered by these amendments. Previously, exporters of dried fruit were subject to a quantity-based charge for export inspections. However, with the removal of dried fruit from the scope of quantity charges, exporters must now comply with the new time-based charge and establishment registration charge, as stipulated in the amended Export Inspection (Service Charge) Regulations and Export Inspection (Establishment Registration Charges) Regulations respectively. This shift in regulatory requirements ensures that the inspection services for dried fruit align more closely with the fee-for-service model that applies to most other export commodities under the Export Control Act 1982.
Failure to comply with the amended regulations may result in various civil and criminal consequences. Although the specific penalties for breach are not detailed in the explanatory statement, it is implicit that non-compliance with the new regulatory framework could lead to fines or other penalties as prescribed by the relevant Acts. The intent of these amendments is to streamline the export inspection process, thereby encouraging more efficient use of inspection services and reducing overall inspection costs. These changes came into effect on 1 October 1990, marking a significant shift in the regulatory approach to dried fruit exports.