EXPLANATORY STATEMENT
Select Legislative Instrument No. 122, 2014
Issued by Authority of the Minister for Agriculture
Export Inspection (Service Charge) Act 1985
Export Inspection (Service Charge) Amendment (Exportable Goods)
Regulation 2014
Legislative Authority
The Export Inspection (Service Charge) Act 1985 (Charge Act) imposes charges for the provision of certain export inspection services to satisfy importing country requirements. The charge is calculated by reference to time as is applicable under the regulations. It forms part of the export legislation framework which includes the Export Inspection and Meat Charges Collection Act 1985 (Collection Act).
Section 6 of the Charge Act provides for charges to be imposed for the provision of certain export inspection services associated with the preparation of exportable goods. Section 7 of the Charge Act provides that the rate of charge in respect of the provision of inspection services is the rate applicable under the regulations.
Section 9 of the Charge Act provides that the Governor-General may make regulations for the purposes of sections 6 and 7 of that Act.
The Export Inspection (Service Charge) Regulations 1985 (Principal Regulations) are made under the Charge Act.
Purpose
The Charge Act was recently amended by the Export Inspection (Service Charge) Amendment Act 2014 which provided for the insertion of the definition of ‘exportable goods’ into the Charge Act and the substitution of references to ‘prescribed commodity’ with ‘exportable goods’. These amendments and those made to the Collection Act by the Export Legislation Amendment Act 2014 have corrected technical defects in these Acts to ensure definitional consistency across the export legislation framework. This will facilitate appropriate and equitable cost recovery for the performance of certain export services by the Department of Agriculture (Department), consistent with the Australian Cost Recovery Guidelines.
The purpose of the Export Inspection (Service Charge) Amendment (Exportable Goods) Regulation 2014 (Amendment Regulation) is to amend the Principal Regulations to:
- insert definitions of ‘egg’, ‘egg product’, ‘fish’ and ‘fish product’ to ensure definitional consistency with the Export Control Act 1982, the Export Control (Eggs and Egg Products) Orders 2005 and the Export Control (Fish and Fish Products) Orders 2005
- remove references to processed fruit and vegetables to reflect that service charge is no longer being imposed on the requester of the service or registered occupier of the establishment in relation to those goods;
- substitute references to ‘prescribed commodity’ with ‘exportable good’ consistent with the amendments made to the Charge Act in order to ensure consistency across the export legislation framework; and
- rectify certain drafting and typographical errors.
Impact and Effect
The amendments are minor and technical in nature and are intended to update the Principal Regulations consistent with recent amendments to the Collection Act and Charge Act. The amendments will allow the Department to continue collecting service charges.
Consultation
The Department has not consulted industry about the amendments given they are machinery in nature and do not have any impact on existing cost recovery arrangements.
The Office of Best Practice Regulation (OBPR) has advised that a Regulation Impact Statement is not required for the Amendment Regulation (OBPR reference number 16545).
The Amendment Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.
Details/Operation
Section 1 – Name of Regulation
This section provides that the name of the Amendment Regulation is the Export Inspection (Service Charge) Amendment (Exportable Goods) Regulation 2014.
Section 2 – Commencement
This section provides for the Amendment Regulation to commence on 1 September 2014.
Section 3 – Authority
This section provides that the Amendment Regulation is made under the Charge Act.
Section 4 – Schedule(s)
This section provides that the Principal Regulations are amended or repealed as specified in Schedule 1.
Schedule 1 – Amendments
Export Inspection (Service Charge) Regulations 1985
Item 1 inserts definitions of ‘egg’, ‘egg product’, ‘fish’ and ‘fish product’ into regulation 3 of the Principal Regulations.
The purpose of the amendments is to insert the definitions for ‘egg’, ‘egg product’, ‘fish’ and ‘fish product’ prescribed for the purposes of the definition of ‘exportable goods’ in regulation 4 of the Principal Regulations. This will ensure definitional consistency with the Export Control Act 1982, the Export Control (Eggs and Egg Products) Orders 2005 and the Export Control (Fish and Fish Products) Orders 2005, which regulate the export of eggs and egg products and fish and fish products which are prescribed goods under the Export Control Act 1982.
This reflects the removal of corresponding definitions from the Collection Act by the Export Legislation Amendment Act 2014 to ensure definitional consistency across the export legislation framework. There is no material change to the definitions.
Item 2 repeals the definition of ‘processed fruits and vegetables’ in regulation 3 of the Principal Regulations to reflect that service charges are no longer imposed in relation to these goods.
Item 3 inserts a new note into regulation 3 of the Principal Regulations which provides that ‘exportable goods’ is defined in the Charge Act.
The purpose of this amendment is to aid interpretation of the Principal Regulations.
Item 4 substitutes regulation 4 of the Principal Regulations with a new regulation 4 that sets out goods which are prescribed for the definition of ‘exportable goods’ in section 4 of the Charge Act. It also renumbers the regulation for clarity and removes the references to processed fruit and processed vegetables to reflect that service charges are no longer imposed in relation to these goods.
The purpose of this amendment is to substitute the reference to ‘prescribed commodity’ with ‘exportable goods’ consistent with the amendments made to the Charge Act by the Export Inspection (Service Charge) Amendment Act 2014. It also removes redundant references to goods for which service charge is no longer imposed.
Item 5 substitutes the definition of ‘year’ in subregulation 5(4) of the Principal Regulations with a new definition. It provides that ‘year’, for a kind of exportable goods is 12 months commencing on the day the application is made for the first service for the kind of exportable goods.
The purpose of this amendment is to redraft the definition for clarity and substitute references to ‘prescribed commodity’ with ‘exportable goods’, consistent with the amendments made to the Charge Act.
Item 6 substitutes subregulation 5(5) of the Principal Regulations to simplify and consolidate the provision for counting the number of export inspection services in a year.
ATTACHMENT
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Export Inspection (Service Charge) Amendment (Exportable Goods)
Regulation 2014
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Legislative Instrument amends the Export Inspection (Service Charge) Regulations 1985 (Principal Regulations) to:
- insert definitions of ‘egg’, ‘egg product’, ‘fish’ and ‘fish product’ to ensure definitional consistency with the Export Control Act 1982, the Export Control (Eggs and Egg Products) Orders 2005 and the Export Control (Fish and Fish Products) Orders 2005
- remove references to processed fruit and vegetables to reflect that service charge is no longer being imposed in relation to those goods
- substitute references to ‘prescribed commodity’ with ‘exportable good’ consistent with the amendments made to the Export Inspection (Service Charge) Act 1985
- rectify certain drafting and typographical errors.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms as the amendments are minor and technical in nature.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon. Barnaby Joyce MP
Minister for Agriculture