Export Inspection (Quantity Charge) Regulations (Amendment)

Overview

The Export Inspection (Quantity Charge) Regulations (Amendment) 1994 was enacted by the Parliament of Australia to make amendments to the Export Inspection (Quantity Charge) Regulations, which were themselves established under the Export Inspection (Quantity Charge) Act 1985. The primary objective of this legislative amendment was to update the existing regulations concerning the fees imposed on exports by the Australian Quarantine and Inspection Service (AQIS). This was achieved by removing the definition of "forward contract" and introducing the concept of "certification assurance arrangement" which refers to a quality assurance system for the preparation of horticultural produce approved by AQIS. The amendment also removed references to grain exported under a forward contract and consolidated similar items with the same quantity charge. The reduction in fees for grain shipped in bulk under a certification assurance arrangement was made effective retrospectively to benefit companies that recently adopted such arrangements. The regulatory changes were made by the Minister for Primary Industries and Energy under the authority granted by the Export Inspection (Quantity Charge) Act 1985.

Scope and Application

The Export Inspection (Quantity Charge) Regulations (Amendment) 1994 No. 42 pertains to the Export Inspection (Quantity Charge) Act 1985, which applies to persons and entities involved in the export of commodities that require an export permit under the Export Control Act 1982. Specifically, the Act imposes quantity charges on those in whose name an export permit is issued by the Australian Quarantine and Inspection Service (AQIS). The amendment focuses on adjusting the charges and definitions pertinent to the export of grain, particularly in relation to changes in inspection practices and the introduction of new quality assurance systems. The amendment operates nationally, as the Act is a Commonwealth legislation. The changes made by this amendment do not disadvantage any existing rights or impose additional liabilities, and as such, certain provisions are applied retrospectively to ensure that entities adopting new inspection practices benefit from the reduced charges immediately. The scope of the amendment is confined to modifying the Export Inspection (Quantity Charge) Regulations by removing outdated definitions and references, such as those relating to grain exported under a forward contract, and by introducing a new definition for "certification assurance arrangement". This definition pertains to a quality assurance system for preparing horticultural produce, which AQIS monitors to ensure compliance with standards, thereby reducing the need for end-point inspections. The amendment also includes a reduction in the quantity charge for grain shipped in bulk under a certification assurance arrangement from 38 cents per tonne to 9 cents per tonne. These amendments are intended to reflect current practices and to pass on the benefits of reduced inspection costs to exporters who have adopted these new systems.

Key Provisions

The Export Inspection (Quantity Charge) Regulations (Amendment) 1994 (No. 42) amends the existing Export Inspection (Quantity Charge) Regulations. The primary changes are the removal of the definition of "forward contract" and the introduction of a new definition for "certification assurance arrangement" under regulation 2 (Interpretation). Regulation 3.1 of the amendment removes the definition of "forward contract," while regulation 3.2 introduces the term "certification assurance arrangement," which refers to a quality assurance system for the preparation of horticultural produce approved by AQIS. This system is monitored by AQIS to ensure the quality of the produce, which reduces or negates the need for end-point inspection by AQIS inspectors. Under the amended regulations, parties and entities governed by the Export Inspection (Quantity Charge) Regulations must adhere to the new definitions and charges outlined. Specifically, they must ensure that any grain shipped for export in bulk (other than in a container system unit) that is prepared under a certification assurance arrangement is subject to the reduced quantity charge of 9 cents per tonne, as opposed to the previous rate of 38 cents per tonne. This change applies retroactively to benefits companies that recently adopted certification assurance arrangements. Moreover, any references to grain exported under a forward contract are removed from the Schedule, consolidating similar items with the same quantity charge. Breaches of the Export Inspection (Quantity Charge) Regulations, as amended, may have legal consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is reasonable to infer that penalties may include fines or other financial penalties for underpayment of the quantity charge. The precise penalties would be determined based on the relevant legislation governing the enforcement of export inspection charges and penalties. It is also important to note that retrospective application of the reduced charge does not contravene the Acts Interpretation Act 1901, as it does not disadvantage any person or impose liability.