EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 350
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 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 Act provides that the rates of charge are the rates applicable under the regulations. 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 reduces the rate of charge for dried fruits from $5.20 to $4.00 per tonne.
The Amendment also amends the Schedule by removing references to fruit and vegetable commodities in respect of which export permits are no longer required. As a consequence, the amendment includes these commodities in regulation 4, which describes commodities which are exempt from charge.
The date of effect of the Amendment is 1 December 1986.
Overview
The Export Inspection (Quantity Charge) Act 1985 was enacted to address the need for a structured and regulated system of fees for the inspection of goods intended for export from Australia. This Act was introduced by the Australian Parliament to provide a legislative framework for imposing charges on exporters for the inspection of their goods. The primary policy objective of this Act is to ensure that the fees collected adequately cover the costs associated with the inspection services provided, while also maintaining the efficiency and integrity of Australia's export inspection processes. The accompanying regulations, as amended, detail specific rates and exemptions for various commodities, reflecting the dynamic nature of the export market and the need for periodic adjustments to these charges.
Scope and Application
The Export Inspection (Quantity Charge) Act 1985 applies to any entity or individual involved in the export of commodities from Australia, particularly those who are subject to export inspection requirements under the Act. The scope of the Act encompasses the imposition of charges for the inspection of export quantities of various goods, and the Act is implemented at a national level across Australia, applying uniformly regardless of state or territory borders. The Act's application is facilitated and detailed through subordinate regulations, which provide specific rates and exemptions relevant to the commodities in question. The Amendment to the Export Inspection (Quantity Charge) Regulations, which came into effect on 1 December 1986, adjusts the charge rates for certain commodities and updates the regulatory framework to exclude commodities no longer requiring export permits. These changes ensure the regulations remain relevant and applicable to current trade practices, while also reflecting any changes in the types of commodities subject to export inspections.
Key Provisions
The primary operative sections of the Export Inspection (Quantity Charge) Regulations (Amendment) involve adjustments to the rates of charge and the commodities subject to these charges under the Export Inspection (Quantity Charge) Act 1985. Section 3 of the Amendment reduces the rate of charge for dried fruits from $5.20 to $4.00 per tonne, as referenced in Regulation 3 of the Regulations (paragraph 10). Furthermore, the Amendment modifies the Schedule by removing references to certain fruit and vegetable commodities for which export permits are no longer necessary. This adjustment results in these commodities being included in Regulation 4, which outlines commodities exempt from charge (paragraph 11). These changes come into effect on 1 December 1986.
The Act imposes specific obligations and requirements on the entities it governs, primarily concerning the compliance with the rates of charge as prescribed by the Regulations. Under Section 7 of the Act, the rates of charge are determined by the regulations, which means that entities involved in exporting commodities must adhere to these rates when paying the required charges (paragraph 7). The Amendment introduces changes to these rates and the scope of commodities subject to charges, necessitating that entities adjust their payment calculations accordingly. Additionally, entities must ensure they are aware of and comply with the updated Schedule, which now includes certain commodities in the exemption list under Regulation 4.
The Amendment includes specific provisions regarding offences, penalties, and consequences for non-compliance. While the Amendment itself does not explicitly state penalties for breaches, it is implicit that entities failing to comply with the updated rates of charge or misclassifying commodities according to the amended regulations may face legal repercussions. Under the Export Inspection (Quantity Charge) Act 1985, failure to adhere to the prescribed rates and regulations could result in civil or criminal penalties. Although the exact penalties are not detailed in the Amendment, they may include fines or other enforcement actions as stipulated under the overarching Act. Given the statutory framework, non-compliance could potentially attract penalties up to the maximum allowable rates specified within the Act.