Export Inspection (Quantity Charge) Regulations (Amendment) 1992 No. 250
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 250
Issued by the authority of the Minister of State for Primary Industries and Energy
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 necessary or convenient to be prescribed for carrying out or giving effect to the Act, and, in particular, exempting a class or classes of a prescribed commodity from charge.
The Export Inspection (Quantity Charge) Regulations (the Regulations) set charge rates payable by the users of inspection services provided under the Export Control Act 1982 by the Australian Quarantine and Inspection Service (AQIS).
The Export Inspection (Quantity Charge) Regulations (Amendment) amends the Regulations by omitting the exemption of certain commodities from the charges, adding rates of charge for quantities of dried fruits exported and modifying existing charges to appropriate levels.
The proposed Regulations amends the Regulations by
• omitting paragraph 4(a)
• replacing the Schedule
Each of these changes is described below under the respective headings.
Exemption from charge
The quantity charge is a charge applicable to a service provided by reference to the gross tonnage of exported prescribed commodities or class of prescribed commodities including dairy, grains and dried fruit.
Paragraph 4(a) - omitted to withdraw the exemption from dairy products prepared at establishments which have quality control systems. This amendment is intended to complement other measures designed to treat production of all commodities on a similar basis.
Rates of Charge
Regulation 3 (Schedule)
Previously no charges were applicable to dried fruits. The amendments to the Schedule provide for the inclusion of dried fruits, for all dairy produce to be charged the same rate and for current rates of charge to be set for all items in the Schedule.
Item 1 of the Schedule - amended to increase the rate of charge on butter from $2.86 to $3.00 per tonne.
Item 3 of the Schedule - amended to decrease the rate of charge on cheese from $5.29 to $3.00 per tonne.
Item 4 of the Schedule - amended to decrease the rate of charge on dairy products not covered in items 1 or 3 of the Schedule from $4.49 to $3.00 per tonne.
Item 6 of the Schedule - inserted to include dried fruits in the quantity charges and to establish the rate of charge at $2.00 per tonne.
Items 19 & 20 of the Schedule - amended to change the rate of charge for grain that is shipped for export in bulk other than in a container system unit from 35 cents per tonne to 38 cents per tonne.
Items 21 & 22 of the Schedule amended to change the rate of charge for grain shipped for export in bags other than in a container system unit from 91 cents per tonne to $1.00 per tonne.
Items 23 & 24 of the Schedule - remain the same.
The proposed Regulations would commence on 1 August 1992.
Overview
The Export Inspection (Quantity Charge) Regulations (Amendment) 1992 No. 250, enacted under the Export Inspection (Quantity Charge) Act 1985, were introduced to address the need for equitable treatment of all exported commodities and to adjust the charge rates for the services provided by the Australian Quarantine and Inspection Service (AQIS). The Act, enacted by the Parliament of Australia, aims to provide for the imposition of a quantity charge on exported commodities to ensure that users of AQIS's inspection services contribute to the costs of those services. The Regulations were amended to remove exemptions for certain commodities, including dairy products, and to introduce or modify charge rates for various commodities such as dairy produce and dried fruits. This amendment was intended to ensure that all commodities are treated uniformly under the charge system and that the rates are reflective of the current costs associated with providing inspection services.
Scope and Application
The Export Inspection (Quantity Charge) Regulations (Amendment) 1992 amends the Export Inspection (Quantity Charge) Regulations, which implement the Export Inspection (Quantity Charge) Act 1985. These regulations pertain to the fees imposed on users of inspection services provided by the Australian Quarantine and Inspection Service (AQIS) under the Export Control Act 1982. The regulations apply to entities and individuals who export prescribed commodities, including dairy products, grains, and dried fruits, and who use AQIS inspection services. These regulations have a national reach within Australia, as they are enacted under the authority of the Commonwealth government. The amendment withdraws exemptions for certain dairy products and introduces charges for dried fruits while modifying existing charges for other commodities. This amendment does not introduce new exclusions but alters the existing framework of charges and exemptions to ensure a consistent application of fees across all commodities. The changes are to take effect from 1 August 1992.
Key Provisions
The Export Inspection (Quantity Charge) Regulations (Amendment) 1992 No. 250 amends the Export Inspection (Quantity Charge) Regulations by making several changes to the charge rates for services provided under the Export Inspection (Quantity Charge) Act 1985. One of the primary changes is the withdrawal of the exemption from charge for certain dairy products prepared at establishments with quality control systems, as per the amendment to paragraph 4(a) (Section 10 of the Export Inspection (Quantity Charge) Act 1985). This amendment aims to ensure that the production of all commodities is treated on a similar basis, thereby aligning with other measures implemented under the Act. Another key amendment is the addition of rates of charge for dried fruits, which were previously exempt from any charges. This is in addition to setting new rates for other commodities such as dairy products and grains, as outlined in the amended Schedule of the Regulations.
The obligations imposed by these amendments on parties or entities governed by the Act include compliance with the new charge rates for the specified commodities. Parties subject to these regulations are required to pay the applicable rates for the inspection services provided by the Australian Quarantine and Inspection Service (AQIS). For instance, all users of inspection services for exported dairy products, grains, and dried fruits must adhere to the new rates as set out in the amended Schedule of the Regulations. These obligations are essential to ensure that AQIS can continue to provide these services effectively and that the users are aware of and comply with the applicable charges.
Breaching these regulations can result in civil and criminal consequences, depending on the severity of the breach. While the specific penalties for non-compliance are not detailed in the explanatory statement, under the Export Inspection (Quantity Charge) Act 1985, penalties for non-compliance with regulations may include fines. The maximum penalties can vary based on the nature and extent of the breach, but they serve as a deterrent to ensure adherence to the prescribed charge rates. Parties or entities found in breach of these regulations may face legal action, which could lead to financial penalties and other legal ramifications, thereby reinforcing the importance of compliance with the amended regulations.