EXPLANATORY STATEMENT
STATUTORY RULES 1988 No 244
Issued by the Authority of the Minister for Resources
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 section 7 of the Act.
Under section 7 of the Act, 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.
The Export Inspection (Service Charge) Regulations (Amendment) (the amending Regulations) amend the Export Inspection (Service Charge) Regulations by charging new rates, as set out below against the relevant commodities, for export inspection services.
Fish | $50 for each attendance by an authorized officer for a continuous period of half an hour (instead of $90 for continuous one hour period) $50 per half hour or part thereof for each attendance by an authorized officer occurring in a prescribed monthly aggregate (instead of $90 per hour or part thereof). |
Edible game offal, game meat or game meat products | |
| reduced from $19 to $17 per hour or part thereof for each attendance by a meat inspector reduced from $24 to $22 per hour or part thereof for each attendance by a veterinary officer reduced from $72 to $66 as a minimum charge for each attendance. |
The Regulations will amend the definition of “prescribed period” in sub-regulation 5(1) of the Export Inspection (Service
Charge) Regulations to mean, in the case of an attendance at an establishment by an authorized officer for the purpose of providing an export inspection service that is less than half an hour (altered from one hour)—that period, and in any other case--the period for which the authorized officer was so engaged, less the period of whole half hours (altered from whole hours) in that period.
The Regulations came into operation on 1 October 1988.
Overview
The Export Inspection (Service Charge) Act 1985 was enacted to provide a framework for the establishment of service charges for export inspection services in Australia. This Act addresses the need for a structured and regulated approach to the collection of fees for inspections required to ensure compliance with export standards and regulations. The Act was enacted by the Australian Parliament and aims to establish clear guidelines and rates for the fees associated with export inspections, ensuring they are fair and adequately cover the costs of providing these services. The Export Inspection (Service Charge) Regulations (Amendment) further refines these provisions by adjusting the rates and definitions relevant to the inspection services, ensuring they remain current and reflective of operational costs and efficiency improvements.
Scope and Application
The Export Inspection (Service Charge) Act 1985 applies to the charge for export inspection services provided by authorized officers at various establishments engaged in the export of goods from Australia. This Act primarily concerns entities involved in the export industry, specifically those requiring export inspection services for commodities such as fish and edible game offal. The Act's regulations are amended by the Export Inspection (Service Charge) Regulations (Amendment), which adjusts the service charge rates for different commodities based on the duration of the inspection service. The geographic scope of the Act is national, affecting all export establishments across Australia. The amendments to the service charge rates and the definition of "prescribed period" are designed to provide more flexible and potentially reduced charges for shorter inspection periods, thereby updating the regulatory framework to better suit contemporary export practices. These amendments are effective from 1 October 1988 and are subject to further adjustments through subordinate instruments as necessary.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) modify the Export Inspection (Service Charge) Regulations by setting new rates for export inspection services for specific commodities. Under Section 9 of the Export Inspection (Service Charge) Act 1985, the Governor-General has the authority to make regulations concerning the rates charged for export inspection services, as outlined in Section 7 of the Act. The amending Regulations specify new charges for fish and edible game offal, game meat, or game meat products, effective from 1 October 1988. For fish, the charge for each attendance by an authorized officer is now $50 for each continuous period of half an hour, down from the previous $90 for a continuous one-hour period. Similarly, the charge for each attendance by an authorized officer occurring within a prescribed monthly aggregate is $50 per half hour or part thereof, replacing the previous $90 per hour or part thereof.
The amending Regulations also introduce a new definition for "prescribed period" in sub-regulation 5(1) of the Export Inspection (Service Charge) Regulations. The term now refers to the period during which an authorized officer is engaged in providing an export inspection service that is less than half an hour. For periods of less than half an hour, the charge will be based on the actual time spent. For periods equal to or exceeding half an hour, the charge will be based on the total time spent minus the whole half hours. This change represents a reduction from the previous requirement, which based the charge on periods of one hour or part thereof.
Parties governed by the amending Regulations must adhere to the new rates for export inspection services. This includes ensuring that the appropriate charges are applied for each attendance by an authorized officer, whether for fish or edible game offal, game meat, or game meat products. Additionally, the definition of "prescribed period" must be applied correctly to determine the charge for attendances that are less than half an hour.
Breaches of the amending Regulations may result in civil or criminal consequences, although the Act does not specify the exact penalties. However, the penalties for breaches of similar regulations can include fines, which may vary depending on the severity and frequency of the breach. It is important for parties governed by the Regulations to ensure compliance to avoid any potential legal repercussions.