Export Inspection (Quantity Charge) Regulations (Amendment)

Overview

The Export Inspection (Quantity Charge) Act 1985 was enacted to provide for the collection of quantity charges on certain commodities exported from Australia. This Act was developed in response to the need for a regulatory framework that could facilitate the monitoring and management of export quantities and associated charges for specific goods. The Act empowers the Governor-General to make regulations prescribing matters necessary for its implementation. The Export Inspection (Quantity Charge) Regulations (Amendment) of 1988, issued under the authority of the relevant Minister, amended the original regulations to adjust the charges on various commodities such as butter, cheese, and different types of grains. The policy objective behind these amendments was to revise the export charges to reflect current economic conditions and ensure the efficient administration of the export inspection process. These amendments were made to maintain the relevance and effectiveness of the regulatory framework established by the Act.

Scope and Application

The Export Inspection (Quantity Charge) Act 1985 applies to the imposition of charges on certain commodities in respect of which an export permit is granted. The Act allows the Governor-General to make regulations prescribing matters necessary for implementing the Act, including setting the charges for these commodities. The scope of the Act encompasses specific commodities such as butter, cheese, various types of dairy produce, dried fruits, and grain, each of which is subject to a charge for export permits. The Act is a Commonwealth piece of legislation, thereby applying across Australia. There are no stated exclusions or exemptions within the Act itself, but the charges and their application are subject to the specific stipulations within the Export Inspection (Quantity Charge) Regulations and any subsequent amendments. The charges are detailed in the Schedule of the Regulations, and the amending Regulations, which came into operation on 1 October 1988, revise these charges and alter definitions such as “forward contract” to a contract entered into before 23 August 1988.

Key Provisions

The Export Inspection (Quantity Charge) Act 1985 (the Act) and its accompanying regulations, particularly the Export Inspection (Quantity Charge) Regulations (the Regulations), establish a framework for imposing charges on specific commodities that are exported from Australia. Section 10 of the Act authorises the Governor-General to make regulations necessary for carrying out the Act, including the prescription of charges on commodities for which an export permit is granted. The amending Regulations, which came into effect on 1 October 1988, revise the charges for several commodities listed in the Schedule to the Regulations, including butter, cheese, dairy produce, dried tree fruit, dried vine fruit, and various types of grain. Under the Act, the primary obligation is for entities exporting specified commodities to pay the prescribed charges as outlined in the Regulations. These charges are to be applied per tonne of the exported commodity and vary depending on the type and form of the commodity being exported. The Act ensures that the charges are collected to cover the costs associated with the inspection and certification of exports, thereby facilitating trade compliance and maintaining quality standards. The amending Regulations specifically revise these charges for certain commodities, such as reducing the charge for butter from $2.42 to $2.39 per tonne and increasing the charge for dried vine fruit from $5.47 to $7.18 per tonne. The obligations under the amending Regulations include ensuring that exporters are aware of and comply with the revised charges for the commodities listed. Exporters must adhere to the updated charge rates when applying for and paying for export permits. Additionally, the amending Regulations modify the definition of “forward contract” to specify that it refers to a contract entered into before 23 August 1988. This change impacts the charge rates for grain exported under such contracts, necessitating compliance with the new definitions and rates. Failure to comply with the charges and obligations set out in the amending Regulations may result in legal consequences. While the specific penalties for non-compliance are not detailed in the text, it is implied that breaches could lead to civil or criminal penalties. Such penalties typically include fines or other sanctions to enforce compliance with the Act and its regulations. The exact nature and severity of these penalties would be determined in accordance with other relevant laws and regulations governing export charges and compliance.