Export Inspection (Service Charge) Regulations (Amendment) 1994 No. 370
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 370
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 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 (Quantity Charge) Regulations (Amendment) is to introduce a separate initial half hourly rate and a subsequent quarter hourly rate for each commodity. These rates will also apply to the provision of external export inspection services for each commodity. The amendment amends the definition of 'external export inspection service' to mean an inspection service carried out in an office of the Department or an office of a Department of the Government of a State or Territory and which does not relate to the preparation of documents for the export of the commodity or provision of exemption from Export Control Orders.
Currently, there are three categories of service charge payable regardless of the commodity for which that service is provided. These charges are $82 for each half hour or part thereof for services relating to product monitoring system, and $70 each half hour or part thereof for services relating to approved quality assurance arrangement or for food processing accreditation. The amendment reduces this rate to: $60 for the initial half hour and $30 for each subsequent quarter hour or part thereof for services relating to dairy (including eggs); $44 for the initial half hour and $22 for each subsequent quarter hour or part thereof for services relating to fish; $82 for the initial half hour and $28 for each subsequent quarter hour or part thereof for services relating to dried fruit; and $70 for the initial half hour and $35 for each subsequent quarter hour or part thereof for services relating to processed fruit and vegetables.
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).
Regulation 2 - Interpretation
Subregulation 2.1 omits the definition of "external export inspection service".
Regulation 3 - Imposition of charge
Subregulation 3.1 provides that charges are imposed on the provision of an export inspection service at an establishment, and on the provision of an external export inspection service.
Regulation 4 - Rates of charge
Subregulation 4.1 omits the regulation and substitutes a new regulation providing for rates of charge for the provision of an export inspection service at an establishment and the provision of an external export inspection service in relation to the prescribed commodities specified in the Regulations. In addition, the subregulation defines an "external export inspection service" for the purposes of the charges in the new regulation.