EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 419
Issued by the authority of the Minister of State for Primary Industries and Energy
EXPORT INSPECTION (SERVICE CHARGE) ACT 1985
EXPORT INSPECTION (SERVICE CHARGE) REGULATIONS (AMENDMENT)
EXPORT INSPECTION (QUANTITY CHARGE) ACT 1985
EXPORT INSPECTION (QUANTITY CHARGE) REGULATIONS (AMENDMENT)
EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES) ACT 1985
EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES) REGULATIONS (AMENDMENT)
Section 9 of the Export Inspection (Service Charge) Act 1985 provides that the Governor-General may make regulations for the purposes of the Act. Section 6 of the Act makes provision for the imposition of charges for the provision of an export inspection service at an establishment which is registered for operations associated with the preparation of prescribed goods specified in the regulations. Section 7 of the Act sets the rate of charge for an export inspection service at such an establishment as that calculated by reference to time and applicable under the regulations to that establishment. For the provision of an external export inspection service, the rate of charge is that calculated by reference to time and applicable under the regulations with respect to the prescribed commodity in relation to which the service is provided.
Section 10 of the Export Inspection (Quantity Charge 1 Act 1985 provides for the Governor-General to make regulations exempting a class or classes of a prescribed commodity from charges, and prescribing different rates of charge for different classes of a prescribed commodity. Section 6 of that Act provides for the imposition of charges on each prescribed commodity for which an export permit is granted. Section 7 of that Act sets the rate of charge for a prescribed commodity as the rate applicable to that commodity or to the class of that commodity under the regulations. Section 8 of that Act states that the amount of charge for a prescribed commodity is to be calculated by reference to the weight or volume of that prescribed commodity.
Section 9 of the Export Inspection (Establishment Registration Charges) Act 1985 provides for the Governor-General to make regulations for the purposes of the Act. Section 6 of that Act imposes charges for the registration of an establishment or a class of establishments registered for operations associated with the preparation of a prescribed commodity specified in the regulations, or imposes charges during the registration of such an establishment or establishments. Section 7 of that Act sets the rate of charge for the registration of an establishment as that applicable under the regulations.
The amendments are consistent with Cabinet decision 14228 of 6 August 1990, which was announced in the 1990 Budget Sittings of Parliament, which agreed to increase cost recovery for services provided by the Commonwealth, and therefore in this instance export agricultural commodity inspection, from 60 per cent to 100 per cent.
The revised rates of charge are effective from 1 January 1991.
The amendments alter the Export Inspection (Service Charge) Regulations, the Export Inspection (Quantity Charge) Regulations and the Export Inspection (Establishment Registration Charges) Regulations.
The Ezport Inspection (Service Charge) Regulations impose fees for time-based export inspection services provided in respect of prescribed export commodities. The rates of charge correlate with the amount of an officer’s time required for each attendance to provide a service and are at hourly, half hourly or quarter hourly rates.
The Export Inspection (Quantity Charge) Regulations impose a charge for the inspection of prescribed commodities for export, the rate of charge being based on the weight or volume of the commodity inspected. An upper limit on the amount of charge per tonne for the prescribed commodities to which the Regulations apply is set in the Export Inspection (Quantity Charge) Act 1985. These regulations at present apply to inspection of grain, other than lupin seed or field peas, and to certain dairy products not included in the Export Inspection (Service Charge) Regulations or to which a quality assurance system does not apply.
The Export Inspection (Establishment Registration Charges) Regulations impose charges for the registration of establishments for various operations in relation to the preparation of prescribed commodities for export. The rates of charge for fish and poultry establishments are monthly rates to encompass any changes in the operations carried out at an establishment during a year of registration. For the registration of export dried fruit processing or storage establishments the regulations impose an annual charge in each case.
The charge base, that is the estimated costs to the Commonwealth for the 1990/1991 financial year, attributable to a particular activity, for example fish inspection, is the basis for the new rates of charge. From that charge base is determined the combination of fixed charges and hourly rates of charge for inspection time which enables the recovery of attributable costs from the users of the service.
The majority of the new rates of charge under the above regulations represent an increase in the previous rates of charge by approximately two thirds, which effectively increases the cost recovery rate from 60 per cent to 100 per cent.
At variance with this general increase is an additional increase of 11.6 per cent of the total cost in quantity based charge for dairy produce, due to an anticipated fall in dairy exports for the current financial year. Because the costs involved are largely fixed costs, they are distributed over a reduced tonnage, resulting in an increase in the rate of charge per tonne. Bulk grain inspection charges are also increased by an additional 10.7 per cent of the total cost due to the increased payments to State Governments for carrying out export inspections on behalf of the Australian Quarantine and Inspection Service (AQIS). The charge for “in office” services in relation to dried fruit inspection services is increased by an additional 35 per cent due to a reassessment of the costs involved in this activity.
The three sets of Statutory Rules reflect the alterations to the rates of charge in the Export Inspection (Service Charge) Regulations, the Export Inspection (Quantity Charge) Regulations and the Export Inspection (Establishment Registration Charges) Regulations as outlined above, and also correct a minor typographical error in the Export Inspection (Service Charge) Regulations.
Details of the Statutory Rules are set out in the Attachment.
ATTACHMEHT
DETAILS OF AMENDMENTS
Export Inspection (Service Charge) Regulations (Amendments
Regulation 1. Commencement
subregulation 1.1 provides for the Export Inspection (Service Charge) Regulations (Amendment) to come into effect on 1 January 1991.
Regulation 2. Amendment
subregulation 2.1 provides for the Export Inspection (Service Charge) Regulations to be amended as follows:
amend paragraph 5(1)(aa) by omitting $66 where it occurs and substituting $114 in respect of an hourly rate of charge for each attendance of an authorised officer in relation to an export dairy produce inspection service carried out at a registered export establishment;
amend subparagraph 5(1)(ab)(i) by omitting $59 and substituting $100 in respect of a half hourly rate of charge for each attendance of an authorised officer in respect of an export dried tree fruit (other than prunes) inspection service carried out at a registered export establishment;
amend subparagraph 5(1)(ab)(ii) by omitting $5 and substituting $11 in respect of a quarter hourly rate of charge for an external inspection service in relation to the preparation of documentation for export of dried tree fruit (other than prunes) and carried out by an authorised officer in a Commonwealth, State or Territory Departmental office;
amend subparagraph 5(1) (ac) (i) by omitting $59 and substituting $100 in respect of a half hourly rate of charge for each attendance of an authorised officer in respect of inspection of dried vine fruit carried out at a registered export establishment;
amend subparagraph 5(1)(ac)(ii) by omitting $5 and substituting $11 in respect of a quarter hourly rate of charge in respect of an external inspection service in relation to the preparation of documentation for export of dried vine fruit and carried out by an authorised officer in a Commonwealth, State or Territory office;
amend sub-subparagraph 5(1)(ac)(ii) by omitting “Territory.” and substituting “Territory;” in order to correct an earlier typographical error;
amend paragraph 5(1)(a) by omitting $66 and substituting $114 in respect of an hourly rate of charge for each attendance by an authorised officer for an export egg inspection service carried out by an authorised officer at a registered export establishment;
amend subparagraphs 5(1)(b)(i) and 5(1)(b)(ii) by omitting $54 and substituting $97 in each subparagraph in relation to a half hourly rate of charge for each attendance by an authorised officer in relation to an export fish inspection service carried out at a registered export establishment, for a continuous half hour period and for each half hour or part thereof in a prescribed monthly aggregate respectively.
Export Inspection (Quantity Charge) Regulations (Amendment)
Regulation 1. Commencement
subregulation 1.1 provides for the Export Inspection (Quantity Charge) Regulations (Amendment) to come into effect on 1 January 1991.
Regulation 2. Amendment
subregulation 2.1 provides for the Export Inspection (Quantity Charge) Regulations to be amended as follows:
amend the Schedule to the Regulations in respect of inspection of dairy produce to which the Export Inspection (Service Charge) Regulations do not apply or dairy products which are prepared at a registered export establishment other than an establishment which operates under a quality assurance system approved by the Secretary
(a) by omitting $2.70 and substituting $5.00 for a rate of charge per tonne for inspection of butter for export in item 1;
(b) by omitting $5.00 and substituting $9.27 for a rate of charge per tonne for inspection of cheese in item 3;
(c) by omitting $4.23 and substituting $7.87 for a rate of charge per tonne for inspection of dairy products for export, other than cheese or butter, in item 4.
amend the Schedule to the Regulations in respect of export inspection of grain, other than lupin seed or field peas exported under a contract entered into before 22 August 1985
(a) by omitting $0.16 and substituting $0.31 for a rate of charge per tonne in respect of inspection of bulk uncontainerised grain shipped under a forward contract in item 19;
(b) by omitting $0.17 and substituting $0.31 for a rate of charge per tonne for inspection of bulk uncontainerised grain not shipped under a forward contract in item 20;
(c) by omitting $0.30 and substituting $0.81 for a rate of charge per tonne in respect of bagged uncontainerised grain shipped under a forward contract in item 21, and in respect of bagged uncontainerised grain not shipped under a forward contract in item 22; and
(d) by omitting $2.95 and substituting $5.00 for a rate of charge per tonne in respect of inspection of containerised grain shipped under a forward contract in item 23, and in respect of containerised grain not shipped under a forward contract in item 24 - the actual amount for 100 per cent cost recovery is $5.17 but the upper limit set by the Export Inspection (Quantity Charge 1 Act 1985 is $5.00.
Export Inspection (Establishment Registration Charges) Regulations (Amendment)
Regulation 1. Commencement
subregulation 1.1 provides for the Export Inspection (Establishment Registration Charges) Regulations (Amendment) to come into effect on 1 January 1991.
Regulation 2. Amendment
subregulation 2.1 provides for the Export Inspection (Establishment Registration Charges) Regulations to be amended as follows:
amend Schedule 1 to the regulations in respect of inspections in relation to the registration of fish and poultry export establishments
(a) by omitting $146 and substituting $241 for the monthly rate of charge for the registration of a land-based fish processing and packing export establishment in item 1;
(b) by omitting $146 and substituting $241 for the monthly rate of charge for the registration of a land-based prawn processing export establishment, for operations other than freezing or storage operations, in item 2;
(c) by omitting $265 and substituting $477 for the monthly rate of charge for the registration of an export poultry slaughtering establishment in item 3;
(d) by omitting $73 and substituting $120 for the monthly rate of charge for the registration of an export prawn freezing establishment in item 4;
(e) by omitting $73 and substituting $120 for the monthly rate of charge for the registration of an export oyster processing and freezing establishment in item 5;
(f) by omitting $73 and substituting $120 for the monthly rate of charge for the registration of an export fish freezing establishment in item 6;
(g) by omitting $73 and substituting $120 for the monthly rate of charge for the registration of vessel for the packing of fish for export in item 7;
(h) by omitting $25 and substituting $40 for the monthly rate of charge for the registration of an export establishment for the storage, handling or loading of fish for export in item 8;
(i) by omitting $25 and substituting $48 for the monthly rate of charge for the registration of an export establishment for operations other than slaughtering poultry or dressing of poultry carcases for export in item 9;
(J) by omitting $25 and substituting $40 for the monthly rate of charge for the registration of any other establishment or class of establishment (other than a vessel) not otherwise covered in the Schedule in item 10;
(k) by omitting $73 and substituting $120 for the monthly rate of charge for the registration of a vessel for any other operation in respect of fish for export not otherwise covered in the Schedule in item 11.
amend Schedule 2 to the Regulations in respect of inspections in relation to the registration of dried fruit export establishments
(a) by omitting $530 and substituting $815 for an annual charge for the registration of an export processing establishment for dried tree fruit (other than prunes) or for dried vine fruit in item 1
(b) by omitting $265 and substituting $407 for an annual charge for the registration of an export establishment for the storage of dried tree fruit (other than prunes) or dried vine fruit, or both, in item 2.