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.
Overview
The Export Inspection (Quantity Charge) Regulations (Amendment) Statutory Rules 1986 No. 251, issued under the authority of the Minister for Primary Industry, address the need to update and refine the rates of charge for certain agricultural commodities exported from Australia. Enacted to support the Export Inspection (Quantity Charge) Act 1985, the primary objective of this legislation is to ensure that the rates of charge for exported commodities are fair, up-to-date, and reflective of current market conditions and operational costs. This amendment specifically increases the rates of charge for dairy produce and grain commodities, while removing outdated references and exemptions that are no longer applicable. By making these adjustments, the Amendment aims to maintain the efficiency and relevance of the regulatory framework governing export inspections and associated charges.
Scope and Application
The Export Inspection (Quantity Charge) Regulations (Amendment) pertains to the rates of charge applicable to various commodities under the Export Inspection (Quantity Charge) Act 1985. These regulations apply to entities involved in the export of commodities, particularly those in the dairy produce and grain sectors. The amendments increase the rates of charge for these commodities, as detailed in the Schedule of the Regulations, and specify the maximum allowable rates under sub-section 7(3) of the Act. Notably, the Amendment removes references to eggs and fish groups, which are subject to service charges under the Export Inspection (Service Charge) Act 1985, thereby exempting these commodities from quantity charge in specified circumstances. The changes also update definitions and remove outdated references, streamlining the regulations. The amendments took effect on 1 October 1986, and they do not extend beyond the prescribed rates and charges for the specified commodities as outlined in the Act and its regulations.
Key Provisions
The main operative sections of the Export Inspection (Quantity Charge) Regulations (Amendment) involve modifications to the rates of charge for various commodities, particularly dairy produce and grain. These amendments are detailed in the Schedule to the Amendment, where new rates are specified for different commodities (Regulation 3). For instance, the charge for dairy produce increases from $1.26 to $1.63 per tonne, and for certain grain commodities, the charge changes from $2.13 to $2.55 per tonne (combined with item 4). Additionally, the Amendment removes the references to rates of charge for eggs and fish, as these commodities are now fully exempt from quantity charge under the Export Inspection (Service Charge) Act 1985. This results in the elimination of any previous transitional measures related to eggs and fish in the Regulations.
The obligations imposed by the Amendment on parties or entities governed by the Regulations primarily revolve around compliance with the updated rates of charge. Exporters of affected commodities must now adhere to the new charge rates outlined in the Schedule. This includes ensuring that the correct charge is applied and appropriately documented for export transactions involving dairy produce and grain commodities. The Amendment also requires the removal of any outdated or redundant references in the Regulations, such as those pertaining to eggs, fish, and certain grains exported in 1985, to streamline and clarify the regulatory framework.
The Amendment does not explicitly state any new offences or penalties for breaches of the updated Regulations. However, non-compliance with the correct charge rates could potentially result in civil consequences, including financial penalties or disputes with the relevant authorities. The precise nature of any penalties or consequences for non-compliance would depend on the specific circumstances and applicable legislation, such as the Export Inspection (Quantity Charge) Act 1985. While the Amendment itself does not specify maximum penalties, it is important for affected parties to ensure they adhere to the updated charge rates to avoid any potential issues.