Export Inspection (Quantity Charge) Regulations (Amendment) 1995 No. 170
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 170
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.
'Me purpose of the Export Inspection (Quantity Charge) Regulations (Amendment) is to 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.
Overview
The Export Inspection (Quantity Charge) Regulations (Amendment) 1995 No. 170 was enacted to adjust the quantity charges for certain export commodities under the Export Inspection (Quantity Charge) Act 1985. This amendment was issued by the Minister for Primary Industries and Energy to address the need for updated fees in light of reduced operational costs and anticipated growth in export activities. The primary objective of these amendments is to reflect the efficiency gains within the Australian Quarantine and Inspection Service and to support the industry by lowering the financial burden on exporters. This change aims to ensure that the regulatory fees are in line with the current economic environment and the operational realities of the service, facilitating smoother export processes and potentially boosting export volumes.
Scope and Application
The Export Inspection (Quantity Charge) Regulations (Amendment) 1995 No. 170 applies to persons who are issued an export permit under the Export Control Act 1982 by the Australian Quarantine and Inspection Service. This includes individuals, businesses, and entities involved in the export of commodities subject to quantity charges as specified in the Export Inspection (Quantity Charge) Act 1985. The amendment primarily affects the export of dairy produce, bulk grain, and containerised grain, lowering the associated quantity charges. The geographic and jurisdictional reach of this regulation is national, as it applies to all exports processed under the Australian Quarantine and Inspection Service. There are no stated exclusions or exemptions within the text, but the Act provides the authority to exempt specific classes of commodities from charge if necessary. The application of the Act can be extended or restricted through subordinate instruments, such as regulations made under Section 10 of the primary Act, which permits the Governor-General to prescribe additional matters necessary for implementing the Act effectively.
Key Provisions
The main operative sections of the Export Inspection (Quantity Charge) Regulations (Amendment) 1995 No. 170 include Regulation 1, which specifies the commencement date of the amended Regulations as 1 July 1995, and Regulation 2, which details the amendments to the existing Export Inspection (Quantity Charge) Regulations. Regulation 3 replaces the existing schedule with an amended one, which sets new rates for quantity charges on dairy produce, bulk grain, and containerised grain. Specifically, the quantity charge for dairy produce is reduced 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. These amendments reflect cost reductions and projected increased export activity, and have been endorsed by industry representative groups.
The obligations and requirements imposed by the Export Inspection (Quantity Charge) Regulations (Amendment) primarily involve the adjustment of quantity charges for certain export commodities. Persons in whose name an export permit is issued under the Export Control Act 1982 by the Australian Quarantine and Inspection Service are required to pay the amended quantity charges as set out in the amended Regulations. The changes reflect a significant reduction in fees, which are directly attributed to decreased operating costs of the Australian Quarantine and Inspection Service. The new rates must be adhered to for all exports of dairy produce, bulk grain, and containerised grain that are subject to the quantity charge.
In terms of penalties and consequences for breach, the Export Inspection (Quantity Charge) Regulations (Amendment) does not explicitly state the penalties for non-compliance with the new quantity charges. However, under the broader framework of the Export Inspection (Quantity Charge) Act 1985, failure to comply with the regulations could lead to civil or criminal penalties. Typically, under Australian administrative law, non-compliance with statutory regulations could result in fines or other sanctions, although the specific penalties would depend on the nature and severity of the breach. The Act and its associated regulations aim to ensure that the reduced charges are correctly applied and collected, thereby maintaining the integrity of the export inspection system.