EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 281
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Inspection (Service Charge) Act 1985
Export Inspection (Service Charge) Amendment Regulations 2007 (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 6 of the Act permits charges to be imposed for the provision of certain inspection services associated with the preparation of a prescribed commodity specified in the regulations and for the regulations to provide for exemption from charge. Section 7 of the Act provides that the rate of charge in respect of the provision of inspection services is the rate applicable under the regulations.
The Export Inspection (Service Charge) Regulations 1985 (the Principal Regulations) are made under the Act. Regulation 4 of the Principal Regulations specifies prescribed commodities for the purposes of section 6 of the Act. Dairy products are one of the specified commodities. Regulations 5 and 6 impose rates of charge for the provision of inspection services relating to specified commodities, including dairy products.
The purpose of the Export Inspection (Service Charge) Amendment Regulations 2007 (No. 1) (the Amendment Regulations) is to remove charges for inspection services relating to dairy products to enable the placement of the charges for these services in the Export Control (Fees) Orders 2001 (the Fees Orders). The Amendment Regulations also make consequential amendments and some minor technical changes.
The Principal Regulations are one of three sets of Regulations that are affected by the decision of the Dairy Export Program (the Program) of the Australian Quarantine and Inspection Service (AQIS) to remove dairy charges from the Regulations and place them in the Fees Orders. The effect of this decision is that all fees relating to milk and milk products are located in one set of legislation, making it easier for industry to access fees information. The other Regulations amended are the Export Inspection (Establishment Registration) Regulations 1985 and the Export Inspection and Meat Charges Collection Regulations 1985.
The Program has consulted with the Dairy Export Industry Consultative Committee (DEICC) about these changes. DEICC consists of representatives of registered establishments, exporters, State Regulatory Authorities, Dairy Australia and AQIS. DEICC has no objections to these amendments.
Details of the Amendment Regulations are set out below.
The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Regulations commence on 1 October 2007.
Regulation1 provides that the Amendment Regulations are named the Export Inspection (Service Charge) Amendment Regulations 2007 (No. 1).
Regulation 2 provides that the Amendment Regulations commence on 1 October 2007.
Regulation 3 provides that Schedule 1 amends the Export Inspection (Service Charge) Regulations 1985.
Schedule 1 Amendments
Items 1, 2 and 3 are minor technical amendments to update the Principal Regulations in terms of plain English and current drafting practice.
Item 4 removes the reference to dairy products in paragraph 4(a). Regulation 4 specifies prescribed commodities for the purposes of subsections 6(1) and 6(3) of the Act to allow charges to be imposed for inspection services in relation to these commodities. The specification of dairy products for this purpose is no longer required because charges are no longer imposed under these Regulations.
Item 5 replaces regulations 5 and 6 with a new regulation 5. The new regulation removes references to charges for inspection services in relation to dairy products and updates references to orders made under the Export Control Act 1982. No changes are made to the charges imposed for the inspection services relating to the specified commodities for which charges continue to be imposed under the Principal Regulations. New subregulation 5(4) puts beyond doubt that an inspection service provided before 1 October 2007 is taken to be an ‘export inspection service’ for the purposes of the Principal Regulations. This subregulation ensures that inspection services provided in relation to dairy products before 1 October 2007 are not subject to the increased fee for this type of service imposed under the Fees Orders.
Overview
The Export Inspection (Service Charge) Amendment Regulations 2007 (No. 1) were enacted to address a specific gap in the regulatory framework concerning the charges for inspection services related to dairy products. This legislative instrument was issued under the authority of the Minister for Agriculture, Fisheries and Forestry and serves to amend the Export Inspection (Service Charge) Regulations 1985, as well as other related regulations. The policy objective behind these amendments was to streamline the fee structure for dairy product inspections by relocating the associated charges from the Export Inspection (Service Charge) Regulations 1985 to the Export Control (Fees) Orders 2001. This consolidation aimed to simplify fee management and access for industry stakeholders, as recommended by the Dairy Export Industry Consultative Committee, which comprises representatives from the dairy export industry, state regulatory authorities, and the Australian Quarantine and Inspection Service. The amendments, which took effect on 1 October 2007, ensure that all fees pertaining to milk and milk products are centralised within a single legislative instrument, thereby enhancing clarity and efficiency for those involved in the export of dairy products.
Scope and Application
The Export Inspection (Service Charge) Amendment Regulations 2007 (No. 1) applies to entities involved in the export of dairy products in Australia. Specifically, it concerns the removal of charges for the inspection services related to these products from the Export Inspection (Service Charge) Regulations 1985 and their relocation to the Export Control (Fees) Orders 2001. This change is facilitated under the Export Inspection (Service Charge) Act 1985, which allows the Governor-General to make regulations for certain inspection services associated with prescribed commodities, including dairy products. The regulation affects the export inspection services provided by establishments registered under the Export Inspection (Establishment Registration) Regulations 1985 and the Export Inspection and Meat Charges Collection Regulations 1985. The amendment aims to streamline fee information by centralising all fees related to milk and milk products within the Fees Orders. The regulations commence on 1 October 2007, and while they apply nationally, their primary impact is within the scope of entities exporting dairy products. The Dairy Export Program of the Australian Quarantine and Inspection Service consulted with relevant stakeholders, including the Dairy Export Industry Consultative Committee, which had no objections to the amendments.
Key Provisions
The Export Inspection (Service Charge) Amendment Regulations 2007 (No. 1) (Amendment Regulations) bring about several key changes to the existing Export Inspection (Service Charge) Regulations 1985 (Principal Regulations). Primarily, they aim to streamline the regulatory framework concerning charges for dairy products by removing these charges from the Principal Regulations and relocating them to the Export Control (Fees) Orders 2001 (Fees Orders). This amendment aligns with the Australian Quarantine and Inspection Service's (AQIS) Dairy Export Program's decision to consolidate all fees related to milk and milk products under one legislative instrument, facilitating easier access to fee information for the industry.
The Amendment Regulations are designed to ensure that the removal of dairy product charges from the Principal Regulations does not affect the continuity of inspection services provided prior to 1 October 2007. This is achieved through technical amendments that clarify the scope of the regulations and ensure that services rendered before the effective date of the Amendment Regulations remain subject to the pre-existing fee structure. Additionally, the Amendment Regulations make minor technical updates to the Principal Regulations to conform with current drafting practices and plain English usage.
Under the Amendment Regulations, parties and entities governed by the Export Inspection (Service Charge) Act 1985 (Act) are required to adhere to the new fee structures as outlined in the Fees Orders. The changes necessitate that the industry consult the Fees Orders for accurate information regarding fees applicable to dairy product inspections. The new regulatory framework aims to simplify compliance by centralising fee-related information, thereby reducing potential confusion and ensuring that all stakeholders have clear and accessible fee details.
Breaches of the regulations, though not explicitly detailed in the provided text, typically carry potential penalties under the relevant Acts. The Export Inspection (Service Charge) Act 1985 may include provisions for fines or other penalties for non-compliance with the specified charges and regulations. The maximum penalties would depend on the severity of the breach and the specific provisions of the Act, which are not fully outlined in the explanatory statement. It is important for regulated entities to ensure they are fully compliant with the updated regulatory requirements to avoid any potential legal repercussions.