Export Inspection (Service Charge) Regulations (Amendment) 1997 No. 361
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 361
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 Governor-General may make regulations for the purposes of sections 6 and 7 of the Act.
Section 6 provides that a charge be 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 be imposed on 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 inspections performed at establishments and externally in relation to fish or fish products from $60 to $66 for the initial half hour rate and from $30 to $33 for each quarter hour after the initial half hour.
The increases in the fee for service rates for the Export Fish Inspection Program are required to enable export inspection costs to be fully recovered in the 1997/98 financial year.
Industry has endorsed the fee increases in recognition of the recommendations of the Nairn Report on Quarantine Inspection and the Macdonald Review of the Meat Inspection Program which specified that there is to be no cross-subsidisation of costs between inspection programs within the Australian Quarantine and Inspection Service. As a result, both direct and indirect costs related to export fish inspection must be fully recovered by the program.
The Export Inspection (Service Charge) Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Commencement
Subregulation 1.1 provides that the Regulations as amended will commence on 16 December 1997.
Regulation 2 - Amendment
Subregulation 2.1 provides that the Regulations are amended as set out in the Export Inspection (Service Charge) Regulations (Amendment).
Regulation 3 - Rates of Charge
Subregulation 3.1 provides for an increase in the fee-for-service rate for the provision of an export inspection service at an establishment relating to, fish or fish products, from $60 to $66 for the first half hour or part thereof.
Subregulation 3.2 provides for an increase in the fee-for-service rate for the provision of an export inspection service at an establishment relating to fish or fish product, from $30 to $33 for each quarter hour after the initial half hour.
Subregulation 3.3 provides for an increase in the, fee-for-service rate for the provision of an external export inspection service relating to fish or fish products, from $60 to $66 for the first half hour or part thereof.
Subregulation 3.4 provides for an increase in the fee-for-service rate for the provision of an external export inspection service relating to fish or fish products, from $30 to $33 for each quarter hour after the initial half hour.
Overview
The Export Inspection (Service Charge) Regulations (Amendment) 1997 No. 361, issued under the authority of the Minister for Primary Industries and Energy, amends the Export Inspection (Service Charge) Regulations 1985. This amendment was enacted to address the need for increased fees for export inspections of fish and fish products, ensuring that the costs of the Export Fish Inspection Program are fully recovered in the 1997/98 financial year. This adjustment aligns with the recommendations from the Nairn Report on Quarantine Inspection and the Macdonald Review of the Meat Inspection Program, which emphasised the importance of avoiding cross-subsidisation of costs between different inspection programs within the Australian Quarantine and Inspection Service. Consequently, the amendments aim to increase the fee-for-service rate for export inspections relating to fish or fish products, reflecting the need for full cost recovery for this specific inspection program.
Scope and Application
The Export Inspection (Service Charge) Regulations (Amendment) 1997 amends the Export Inspection (Service Charge) Regulations to adjust the fees for export inspection services associated with fish and fish products. These amendments apply to establishments registered for operations involving the preparation of fish or fish products for export, as well as external export inspection services provided in relation to these commodities. The purpose of these amendments is to increase the fees to fully recover the costs of export inspections under the Export Fish Inspection Program. This adjustment is intended to prevent cross-subsidisation between inspection programs within the Australian Quarantine and Inspection Service, as recommended by the Nairn Report on Quarantine Inspection and the Macdonald Review of the Meat Inspection Program. The amendments come into effect on 16 December 1997 and adjust the initial half-hour inspection fee from $60 to $66 and the subsequent quarter-hour fee from $30 to $33, affecting both services provided at an establishment and external services.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) 1997, as outlined in the explanatory statement, amend the Export Inspection (Service Charge) Regulations to adjust the fees for export inspection services. According to Section 6 of the Export Inspection (Service Charge) Act 1985, a charge is imposed on the provision of export inspection services at registered establishments and for external services concerning prescribed commodities. Section 7 further specifies that the rate of these charges is determined by the regulations, based on time. The amendment in question, particularly through Subregulations 3.1 to 3.4, increases the fees for fish and fish products inspections. For an establishment-based inspection, the initial half-hour rate increases from $60 to $66, and the rate per quarter hour thereafter rises from $30 to $33. Similarly, for external inspections, the initial half-hour rate increases from $60 to $66, and each quarter hour beyond the initial half-hour increases from $30 to $33.
The obligations imposed by these regulations on parties or entities governed by them primarily involve ensuring compliance with the updated fee structures. Establishments providing export inspection services for fish and fish products must adhere to the new rates outlined in the regulations. This includes accurately calculating and applying the updated charges when providing their services. The regulations mandate that these updated rates be applied from the commencement date specified in Subregulation 1.1, which is 16 December 1997.
In terms of consequences for non-compliance, the regulations themselves do not explicitly outline offences or penalties. However, failure to comply with the updated fee structures could potentially lead to legal repercussions under the broader Export Inspection (Service Charge) Act 1985. The Act may provide for enforcement actions, including fines or other penalties, although the specific penalties would be detailed in the main Act rather than the regulations. It is also possible that non-compliance could result in civil or administrative penalties, depending on the specific circumstances and the governing authorities' interpretation of the regulations.