Export Inspection (Service Charge) Amendment Regulations 2004 (No. 1) 2004 No. 30
EXPLANATORY STATEMENT
STATUTORY RULES 2004 NO 30
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Inspection (Service Charge) Act 1985
Export Inspection (Service Charge) Amendment Regulations 2004 (No. 1)
Section 9 of the Export Inspection (Service Charge) Act 1985 ("the Act") provides that the Governor-General may make regulations for the purpose of sections 6 and 7 of the Act.
Section 3 of the Act provides that the Export Inspection and Meat Charges Collection Act 1985 (the "Inspection Act") shall be read as one with the Act.
Section 6 of the Act provides for the imposition of charges to be prescribed in the regulations for the provision of export inspection services (at establishments registered for the preparation of prescribed commodities) and external export inspection services (for prescribed commodities). The term "external export inspection service" is defined in the Inspection Act to mean an export inspection service that is provided at a place other than an establishment.
Section 7 of the Act provides for the charge rate for export inspection services and external export inspection services to be prescribed by reference to the time taken to perform such inspections.
Section 3 of the Inspection Act defines the term "prescribed commodity" to include dairy produce, eggs, fish, fruit products and vegetable products.
Regulation 5 of the Export Inspection (Service Charge) Regulations 1985 (the "Principal Regulations") currently prescribes separate charge rates for the inspection of dairy products and the inspection of fish, eggs and processed fruit and vegetables.
The purpose of the amendments is to revoke the charges set out in the Principal Regulations for export inspection services and external export inspection services for fish, eggs and processed fruit and vegetable products so that these charges can be located in the Export Control (Fees) Orders 2001 along with other service fees for fish, eggs and processed fruit and vegetable products. The charges prescribed for the inspection of dairy products would remain unchanged.
Details of the Regulations are set out below.
Regulation 1 will provide that the Regulations are named the Export Inspection (Service Charge) Amendment Regulations 2004 (No. 1).
Regulation 2 will provide that the Regulations commence on gazettal.
Regulation 3 will provide that Schedule 1 of the Regulations amends the Export Inspection (Service Charge) Regulations 1985.
Schedule 1 - Amendments
Item 1 Subregulations 5 (1) and (2) will be substituted by an amended subregulation which refers only to dairy products. That is, reference to fish, eggs and processed fruit and vegetable products will be deleted as the charge rate for inspection services for these commodities is to be transferred to Export Control (Fees) Orders 2001 made under the Export Control (Orders) Regulations 1982. The transfer from the Regulations to the Orders will consolidate Fee for Service charges for these commodities within a single piece of legislation.
Overview
The Export Inspection (Service Charge) Amendment Regulations 2004 (No. 1) were enacted to address the need for a more streamlined and consolidated approach to fee structures for export inspection services, particularly concerning fish, eggs, and processed fruit and vegetable products. This amendment was issued under the authority of the Minister for Agriculture, Fisheries and Forestry and aligns with the overarching policy objective of enhancing the efficiency and coherence of export inspection fee regulations. These amendments were made to revoke the charges set out in the Export Inspection (Service Charge) Regulations 1985 for fish, eggs, and processed fruit and vegetable products, transferring these charges to the Export Control (Fees) Orders 2001 to consolidate all related fees within a single legislative framework. This ensures that the fees for these commodities are managed uniformly, thereby simplifying the regulatory environment for exporters and inspection service providers.
Scope and Application
The Export Inspection (Service Charge) Amendment Regulations 2004 (No. 1) pertains to the regulation of export inspection services and the fees associated with these services under the Export Inspection (Service Charge) Act 1985. These regulations apply to entities involved in the export of prescribed commodities, specifically dairy products, fish, eggs, and processed fruit and vegetable products, within Australia. The amendments seek to streamline the regulatory framework by transferring the charge rates for fish, eggs, and processed fruit and vegetable products from the Export Inspection (Service Charge) Regulations 1985 to the Export Control (Fees) Orders 2001. This consolidation aims to centralise the fees for these commodities under one legislative instrument. The regulations are applicable nationally across Australia, as they are issued under the authority of the Minister for Agriculture, Fisheries and Forestry. The changes outlined in these regulations do not alter the existing charge rates for dairy products, thereby maintaining consistency in the regulatory approach for this category of commodities. The amendments are effective from the date of their gazettal, ensuring a timely and orderly transition in the regulatory framework governing export inspection services.
Key Provisions
The main operative sections of the Export Inspection (Service Charge) Amendment Regulations 2004 (No. 1) concern the amendment of existing regulations to align with the Export Control (Fees) Orders 2001. Specifically, Regulation 1 names the Regulations as the Export Inspection (Service Charge) Amendment Regulations 2004 (No. 1), Regulation 2 establishes that the Regulations will commence on gazettal, and Regulation 3 modifies Schedule 1 to the Export Inspection (Service Charge) Regulations 1985. Schedule 1, in turn, amends subregulations 5(1) and (2) by removing references to fish, eggs, and processed fruit and vegetable products, thus aligning the inspection charges for these commodities with the Export Control (Fees) Orders 2001.
The obligations imposed by these Regulations on parties governed by them are primarily concerned with updating and aligning the charge rates for export inspection services. The Regulations require the removal of specific charge rates for fish, eggs, and processed fruit and vegetable products from the Export Inspection (Service Charge) Regulations 1985 and their transfer to the Export Control (Fees) Orders 2001. This change consolidates the fees for these commodities under a single legislative framework, ensuring that the fee structure is consistent and centralised. The continued charges for dairy products will remain governed by the existing regulations, with no changes to their rates.
The consequences of breaching these Regulations include both civil and criminal penalties. While the specific penalties are not detailed within the explanatory statement, breaches of regulations typically result in fines or other financial penalties as stipulated by the relevant Acts. For example, under the Export Inspection (Service Charge) Act 1985 and the Export Inspection and Meat Charges Collection Act 1985, breaches may lead to fines that can be substantial, depending on the nature and severity of the violation. Additionally, repeated or severe breaches could result in legal action being taken against the offending parties, further enforcing compliance with the regulatory framework.