EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 251
Issued by the Authority of the Minister for Primary Industry
EXPORT INSPECTION (QUANTITY CHARGE) ACT 1985
EXPORT INSPECTION (QUANTITY CHARGE) REGULATIONS (AMENDMENT)
Section 10 of the Export Inspection (Quantity Charge) Act 1985 (‘the Quantity Charge Act’) empowers the Governor-General to make regulations 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.
Section 7 of the Quantity Charge Act provides that the rates of charge are the rates applicable under the regulations, and that different rates may apply to different commodities. Maximum allowable rates of charge are set out in sub-section 7(3). Regulation 3 of the Export Inspection (Quantity Charge) Regulations (‘the Regulations’) establishes rates of charge for several kinds of commodities. The Amendment increases the rates of charge for dairy produce and grain commodities, as follows:
ITEM IN | OLD RATE OF CHARGE | NEW RATE OF CHARGE |
SCHEDULE | ($/tonne) | ($/tonne) |
|
|
|
1 | 1.26 | 1.63 |
2 | 2.13 | (combined with item 4) |
3 | 2.80 | 3.02 |
4 | 2.13 | 2.55 |
20 | .097 | .103 |
21 | .19 | .21 |
22 | .21 | .22 |
24 | .72 | .83 |
Commodities in the eggs and fish groups are subject to service charge under the Export Inspection (Service Charge) Act 1985 and therefore come within the scope of sub-section 6(1A) of the Quantity Charge Act, which exempts such commodities from quantity charge in specified circumstances. All commodities in the eggs and fish groups now come within this exemption, with the result that there is no longer any need to make reference to eggs and fish in the Regulations. The Amendment removes the references in the Schedule to rates of charge for eggs and fish, and the exemption of eggs and fish which were incorporated as a transitional measure in paragraph (a) of regulation 4 of the Regulations. As a consequence, the Amendment also removes the definition of ‘rock lobster’ in regulation 2 of the Regulations.
The Amendment removes unnecessary references to fresh fruit, fresh vegetables and dried vegetables in items 15 and 16 of the Schedule to the Regulations.
The Amendment updates the definition of ‘forward contract’ in regulation 2 of the Regulations and removes the reference in paragraph (d) of regulation 4 of the Regulations to grains which were exported at certain times in 1985, which no longer has any effect.
The date of effect of the Amendment is 1 October 1986.