Export Inspection (Service Charge) Regulations (Amendment) 1995 No. 312
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 312
Issued by the authority of the Minister for Primary Industries and Energy
Export Inspection (Service Charge) Act 1985
Export Inspection (Service Charge) Regulations (Amendment)
Section 9 of the Export Inspection (Service Charge) Act 1985 (the Act) provides that the GovernorGeneral may make regulations for the purposes of sections 6 and 7 of the Act. Section 6 provides that a charge is imposed on the provision of an export inspection service at an establishment, being an establishment that, at the time the service is provided, is registered for operations associated with the preparation of a prescribed commodity specified in the regulations. Section 6 also provides that a charge is imposed in an external export inspection service that is provided in relation to a prescribed commodity specified in the regulations.
Section 7 provides that the rate of charge in respect of the provision of an export inspection service at an establishment is such rate, calculated by reference to time, as is applicable under the regulations to that establishment or to the class of establishments in which the establishment is included. Further, Section 7 provides that the rate of charge in respect of the provision of an external export inspection service is such rate, calculated by reference to time, as is applicable under the regulations to the prescribed commodity in relation to which the service is provided.
The Export Inspection (Service Charge) Regulations (the Regulations) prescribe commodities and the service charges payable by an establishment that is registered for operations associated with the preparation of those commodities for export.
The purpose of the Export Inspection (Service Charge) Regulations (Amendment) is to increase the fee for service for export inspection at a registered establishment in relation to dried fruits, for example at a packing establishment, from $82 to $105 for the initial half hour, and from $28 to $35 for each subsequent quarter hour or part thereof. The amendment also increases the fee for service for export inspection at locations other than registered establishments, for example at a port.
The increase in fee for service rates for the dried fruits commodity reflects the fact that the dried fruits program under-recovered in 1994/95 and the increase is required to enable the export inspection costs to be fully recovered in 1995/96. Industry has endorsed the increase.
The Export Inspection (Service Charge) Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Amendment
Subregulation 1.1 provides that the Regulations are amended as set out in the Export Inspection (Service Charge) Regulations (Amendment). A note to this subregulation provides that the Regulations as amended commence on gazettal.
Regulation 2 - Rates of Charge
Subregulation 2.1 provides for an increase in the fee for service rate for the provision of an export inspection service at a registered establishment relating to dried fruits from $82 to $105 for the first half hour or part of that half hour. Subregulation 2.1 also provides for an increase in the fee for service rate from $28 to $35 for each subsequent quarter hour.
Subregulation 2.2 provides for an increase in the fee for service rate for the provision of an external export inspection service (at other than a registered establishment) relating to dried fruits from $82 to $105 for the first half hour or part of that half hour. Subregulation 2.2 provides for an increase in the fee for service rate from $28 to $35 for each subsequent quarter hour.
Overview
The Export Inspection (Service Charge) Regulations (Amendment) 1995, made under the Export Inspection (Service Charge) Act 1985, were introduced to address the issue of under-recovery of costs in the dried fruits export inspection program for the 1994/95 financial year. This legislative amendment was enacted by the Parliament of Australia and was issued by the authority of the Minister for Primary Industries and Energy. The primary objective of this regulation is to adjust the service charge rates for export inspection services related to dried fruits, ensuring that the costs associated with these inspections are fully recovered in the 1995/96 financial year. This adjustment was endorsed by the industry to maintain the financial viability of the export inspection services.
Scope and Application
The Export Inspection (Service Charge) Regulations (Amendment) 1995 amends the Export Inspection (Service Charge) Regulations 1985, which are subordinate to the Export Inspection (Service Charge) Act 1985. The Act applies to entities that are registered to prepare prescribed commodities for export, including dried fruits, and those providing external export inspection services in relation to these commodities. The Regulations specify the fees to be charged for export inspection services, including the increased rates for dried fruits as amended by these Regulations. The geographic reach of these provisions is nationwide, applying across all states and territories in Australia. The Regulations do not explicitly exclude any entities or commodities but focus on those specified in the regulations. The amendments are effective upon gazettal and are designed to ensure that the costs of export inspection services are fully recovered.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) 1995 (No. 312) amends the Export Inspection (Service Charge) Regulations to adjust the fees charged for export inspection services in relation to dried fruits. Specifically, the amendment increases the fee for export inspection services at registered establishments from $82 to $105 for the initial half hour, and from $28 to $35 for each subsequent quarter hour or part thereof (Regulation 2.1). Similarly, the fee for export inspection services provided at locations other than registered establishments, such as ports, is increased from $82 to $105 for the first half hour and from $28 to $35 for each subsequent quarter hour (Regulation 2.2). These changes aim to ensure the costs of export inspection services are fully recovered, following under-recovery in the previous financial year.
The Export Inspection (Service Charge) Regulations (Amendment) imposes obligations on registered establishments and other entities providing export inspection services to adjust their fee structures as per the new regulations. Registered establishments must charge the new rates for services provided relating to dried fruits, ensuring compliance with the updated fee schedule. Similarly, entities providing external export inspection services must also adopt the new rates specified in the amended regulations. These changes necessitate adjustments in billing practices and possibly internal processes to reflect the new fees.
The Export Inspection (Service Charge) Regulations (Amendment) does not explicitly outline specific offences or penalties for non-compliance with the amended fee structure. However, under the Export Inspection (Service Charge) Act 1985, failure to comply with the regulations may lead to enforcement actions. Typically, non-compliance with service charge regulations in Australia can result in fines or other penalties as determined by the relevant authorities. The exact penalties would depend on the specific provisions of the Act and any associated administrative or legal processes.