EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 255
Issued by the authority of the Minister for Resources
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 Governor-General 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.
The Export Inspection (Quantity Charge) Regulations (the principal Regulations) prescribe charges on prescribed commodities in respect of which an export permit is granted.
The Export Inspection (Quantity Charge) Regulations (Amendment) (the Amendment) set revised charges for four commodity items listed in the Schedule to the principal Regulations. The revised charges for those commodity items are listed adjacent to those items (set out below) which are numbered as in the Schedule of the principal Regulations.
| 1. | Butter | from $2.39 to $2.70 per tonne. |
| 3. | Cheese | from $4.42 to $5.00 per tonne. |
| 4. | Dairy produce not included in item 1 or 3 | from $3.74 to $4.23 per tonne. |
| 5. | Dried tree fruit other than prunes | from $7.18 to $7.87 per tonne. |
The above increases are as a result of a number of factors. For the first time the cost of the compliance and malpractice investigation activities have been included into the inspection services cost base. There has been an increase by approximately 100% of the workers compensation cost component with the introduction of Comcare. There has been an increase in the superannuation component of the cost base and an alteration to the method of allocation of Australian Quarantine and Inspection Service head office costs across commodities to more accurately reflect current distribution of costs.
The Amendment comes into operation on 1 October 1989.
Overview
The Export Inspection (Quantity Charge) Act 1985 was enacted to provide a legal framework for the imposition of charges related to the inspection of exported goods. The primary objective of the Act is to ensure that appropriate fees are collected for the inspection and certification of commodities to be exported, thereby facilitating trade compliance and maintaining the integrity of export processes. The Act was passed by the Australian Parliament and allows the Governor-General to make regulations necessary for its effective implementation. The Export Inspection (Quantity Charge) Regulations (Amendment) 1989, issued under the authority of the Minister for Resources, amends the original regulations to reflect updated costs associated with compliance and malpractice investigation activities, workers' compensation, superannuation, and the allocation of head office costs. The revised charges aim to ensure that the fees charged accurately reflect the current operational costs of the Australian Quarantine and Inspection Service, thereby maintaining the sustainability and effectiveness of the export inspection process.
Scope and Application
The Export Inspection (Quantity Charge) Regulations (Amendment) Statutory Rules 1989 No 255, issued under the authority of the Minister for Resources, amends the Export Inspection (Quantity Charge) Regulations 1985. This amendment applies to the charges for specified commodities when an export permit is granted. The commodities affected include butter, cheese, other dairy produce, and dried tree fruit other than prunes. The changes to the regulations reflect an increase in the cost of compliance and malpractice investigation activities, a significant rise in workers' compensation costs, and adjustments in the allocation of Australian Quarantine and Inspection Service head office costs. The revised charges, which are effective from 1 October 1989, are intended to accurately reflect the current distribution of costs associated with the export inspection services. The amendment does not alter the jurisdictional scope of the regulations, which continue to apply nationally under the authority of the Commonwealth of Australia.
Key Provisions
The Export Inspection (Quantity Charge) Act 1985 contains several key sections that dictate how charges are applied to certain exported goods. Section 10, in particular, authorises the Governor-General to make regulations concerning these charges, ensuring they do not conflict with the Act and are necessary for its implementation (s. 10). The primary focus of the Act is the establishment of fees for specific commodities when an export permit is granted. This is achieved through regulations that detail the charges applicable to each commodity, which are periodically reviewed and updated as necessary to reflect changes in costs and other factors.
The Export Inspection (Quantity Charge) Regulations, as amended, impose specific obligations on parties involved in the export of certain commodities. These obligations include the payment of prescribed charges when an export permit is issued for the listed commodities. The regulations ensure that all parties adhere to the set fees, which are determined based on detailed cost analyses and updates. For instance, the recent amendment to the regulations reflects adjustments in the cost of compliance and malpractice investigation activities, workers' compensation, superannuation, and the allocation of service costs.
Failure to comply with the provisions of the Act and the regulations may result in various consequences. While the specific legal ramifications for non-compliance are not detailed in the provided text, it is reasonable to infer that penalties could be imposed for not adhering to the stipulated charges and payment procedures. Such penalties could range from fines to more severe administrative or legal actions, depending on the severity and frequency of the breach. The exact nature and extent of these penalties would typically be outlined in other sections of the Act or in related regulations, but they are not specified in the provided excerpt.