Export Inspection (Quantity Charge) Regulations (Amendment) 1995 No. 256
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 256
Issued by the authority of the Minister 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 GovernorGeneral 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, and, in particular, exempting a class or classes of a prescribed commodity from charge, and prescribing different rates of charge in respect of different classes of prescribed commodity.
The Export Inspection (Quantity Charge) Regulations (the Regulations) prescribe quantity charges payable by persons in whose name an export permit is issued under the Export Control Act 1982 by the Australian Quarantine and Inspection Service. The quantity charges are part of the mix of charges agreed by industry to recover the costs of providing export inspection services.
The purpose of the Export Inspection (Quantity Charge) Regulations (Amendment) is to repeal Statutory Rules 1995 No 170 and remake the Regulations. The need to make amending Regulations is due to the primary Act being incorrectly cited in Statutory Rules 1995 No 170, which could lead to doubt about the validity of the Regulations. Although legal advice supports the validity of the Regulation, the amendment has been remade and the flawed Statutory Rules repealed to avoid all doubt. The retrospectivity of the amendment does not offend against subsection 48 (2) of the Acts Interpretation Act 1901.
The Regulations lower the quantity charge for dairy produce from $1.35 to 40 cents per tonne, for bulk grain from 22.3 cents to 7.4 cents per tonne and for containerised grain from $5.00 to $4.50 per tonne. The fee reductions are the result of cost reductions and projected increased export activity. The costs reductions are directly due to the decrease in operating costs of the Australian Quarantine and Inspection Service. The fee reductions have been endorsed by the respective industry representative groups.
The Export Inspection (Quantity Charge) Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Commencement
Subregulation 1.1 provides that the Regulations as amended will commence on 1 July 1995.
Regulation 2 - Amendment
Subregulation 2.1 provides that the Regulations are amended as set out in the Export Inspection (Quantity Charge) Regulations (Amendment).
Regulation 3 - Schedule (Rates of Charge)
Subregulation 3.1 provides that the existing schedule is replaced with an amended schedule. The proposed schedule sets a quantity charge for dairy produce of 40 cents per tonne, for bulk grain of 7.4 cents per tonne, and for containerised grain of $4.50 per tonne.
Regulation 4 - Repeal of Statutory Rules 1995 No. 170
Subregulation 4.1 provides for the repealing of Statutory Rules 1995 No. 170.
Overview
The Export Inspection (Quantity Charge) Regulations (Amendment) 1995, issued under the authority of the Minister for Primary Industries and Energy, aim to correct an error in the previous regulations by repealing Statutory Rules 1995 No 170 and remaking the Export Inspection (Quantity Charge) Regulations. The 1985 Act established a framework for imposing quantity charges on exports to recover the costs of export inspection services. The amendment addresses the inadvertent miscitation of the primary Act in the original regulations, thereby ensuring the validity of the charges set forth. The primary policy objective of the amendment is to maintain the integrity and effectiveness of the regulatory framework governing export inspection charges, reflecting cost efficiencies and industry feedback. The reduced charges for dairy produce, bulk grain, and containerised grain signify a response to decreased operational costs and anticipated growth in export activity, as endorsed by industry groups.
Scope and Application
The Export Inspection (Quantity Charge) Regulations (Amendment) 1995 No. 256 amends the Export Inspection (Quantity Charge) Regulations to correct a citation error in the primary Act and to adjust the quantity charges applicable to certain export commodities. The Regulations apply to persons who hold an export permit issued under the Export Control Act 1982 by the Australian Quarantine and Inspection Service. The amendment specifically alters the charge rates for dairy produce, bulk grain, and containerised grain, reflecting cost reductions and anticipated increases in export activities, as endorsed by relevant industry groups. Geographically, the Regulations apply across Australia and are subject to the provisions of the Export Inspection (Quantity Charge) Act 1985, with the scope of application extending to all entities involved in the export of the specified commodities through the Australian Quarantine and Inspection Service. The Regulations commence on 1 July 1995, and the amendment includes the repeal of the previously flawed Statutory Rules 1995 No 170 to ensure clarity and avoid any potential legal challenges.
Key Provisions
The main sections of the Export Inspection (Quantity Charge) Regulations (Amendment) 1995 No. 256 provide for the amendment and replacement of previous regulations due to an error in the citation of the primary Act. Specifically, section 10 of the Export Inspection (Quantity Charge) Act 1985 allows the Governor-General to make regulations that are not inconsistent with the Act and necessary for its implementation. The primary change introduced by this amendment is the revision of the quantity charges for various export commodities, as outlined in the Regulations’ schedule. Regulation 1 (subsection 1.1) sets the commencement date of the amended regulations as 1 July 1995. Regulation 2 (subsection 2.1) indicates that the Regulations are to be amended as specified in the amendment document. Regulation 3 (subsection 3.1) replaces the existing schedule with a new schedule that adjusts the quantity charges for dairy produce, bulk grain, and containerised grain. Finally, Regulation 4 (subsection 4.1) repeals the previous Statutory Rules 1995 No. 170 to avoid any doubt about the validity of the regulations.
The amended Export Inspection (Quantity Charge) Regulations impose obligations on entities involved in the export of prescribed commodities. These entities must now comply with the updated quantity charges as set out in the new schedule. The charges apply to exports of dairy produce, bulk grain, and containerised grain, which are subject to export permits issued under the Export Control Act 1982. The revised charges reflect a reduction in costs and an increase in projected export activity, with the adjustments endorsed by industry representative groups. These regulations ensure that the fees charged are aligned with the actual costs incurred by the Australian Quarantine and Inspection Service, facilitating a more accurate recovery of service costs.
In terms of civil and criminal consequences, the Export Inspection (Quantity Charge) Regulations (Amendment) does not explicitly mention any offences, penalties, or consequences for non-compliance. However, failure to adhere to the regulations could result in disputes or legal actions regarding the validity of the export permits or the correctness of the charges applied. It is essential for exporters to ensure compliance with the updated regulations to avoid any potential legal or financial repercussions. As the regulations are designed to manage and recover the costs of export inspection services, non-compliance could lead to disputes with the Australian Quarantine and Inspection Service or other relevant authorities, potentially affecting the smooth operation of export activities.
The Export Inspection (Quantity Charge) Regulations (Amendment) 1995 No. 256 serves to correct a previous error in the primary Act citation and update the quantity charges for specific export commodities. By doing so, it ensures the validity and effectiveness of the regulations, facilitating the accurate recovery of service costs from exporters. The revised charges reflect cost reductions and increased export activity, and the amendments have been endorsed by industry representative groups. While the regulations do not specify penalties for non-compliance, adherence to the updated charges is crucial to avoid any legal or financial issues related to the export process.