Export Inspection (Service Charge) Regulations (Amendment) 1991 No. 174
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 174
Issued by the authority of the Minister of State 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 6 and 7 of the Act. Subsection 6(1) of the Act imposes a charge on the provision of an export inspection service at 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 7 of the Act provides that the rate of charge is that rate, calculated by reference to time, which is specified in the Regulations.
The Export Inspection (Service Charge) Regulations (the Regulations) specify the commodities to which the service charge is to apply and the rates of charge applicable to those commodities.
The Export Inspection (Service Charge) Regulations (Amendment) (the Amendment) amends the Regulations in a number of ways.
A new commodity, processed fruits and vegetables, is prescribed for the purposes of section 6 of the Act. The definition given to that commodity is the same as that which exists in the Export Control (Processed Fruits and Vegetables) Orders under the Export Control Act 1982.
For dairy produce, eggs and fish the Amendment replaces the existing single level of service charge with two levels of service charge. One level of charge is for the provision of services in the field and the other level of charge is for the provision of services in a departmental office. Two other prescribed commodities under the Act, dried tree fruit and dried vine fruit, already have the two levels of charge. The two level structure also applies to the newly prescribed commodity of processed fruits and vegetables. The differential charge structure more equitably reflects the actual cost of the provision of each of the services specified.
For dairy produce the charge rate has been altered from $114 per hour or part thereof to $101 per half hour or part thereof for field services and $11 per quarter hour or part thereof in the case of in office services.
The same changes have been made in the case of eggs.
In the case of services provided in the field for dried tree fruit and dried vine fruit, the rates of charge have been altered from $100 to $101 for each half hour or part of that period.
For the newly prescribed commodity of processed fruits and vegetables, the same structure and charge rates apply as for the above commodities.
For fish the charge rate has been altered from $97 to $101 per half hour for in field services. In the case of fish the charge is for a continuous period of half an hour or per period of half an hour occurring as a prescribed monthly aggregate. For in office services the charge rate is $11 per quarter hour or part thereof as for the above commodities.
The Amendment commenced on 1 July 1991.
Overview
The Export Inspection (Service Charge) Regulations (Amendment) 1991 No. 174, issued under the authority of the Minister of State for Resources, amends the Export Inspection (Service Charge) Regulations 1985. This amendment responds to the need for a more equitable distribution of service charges for export inspections, specifically addressing the costs associated with the provision of these services in different environments, such as on-site and in departmental offices. The policy objective of these amendments is to ensure that the fees charged more accurately reflect the actual costs incurred by the government for providing these services, thereby ensuring fair and efficient allocation of resources. The changes include the introduction of a new commodity, processed fruits and vegetables, subject to the service charge, as well as adjustments to the charge rates for various commodities to better align with the actual costs of service provision.
Scope and Application
The Export Inspection (Service Charge) Regulations (Amendment) 1991 No. 174 applies to entities engaged in the export of prescribed commodities and modifies the Export Inspection (Service Charge) Regulations to specify new service charge rates for these commodities. The Act applies to any establishment registered for operations associated with the preparation of a prescribed commodity for export. The commodities covered by the Amendment include dairy produce, eggs, fish, dried tree fruit, dried vine fruit, and a newly prescribed commodity, processed fruits and vegetables. The scope of the Amendment is national, as it applies across Australia, and it extends to the service charge rates set out in the Regulations, which are designed to reflect the actual costs associated with providing field and office inspection services. The Amendment does not specify any exclusions or exemptions, but it does alter the existing charge rates to more accurately reflect the costs of the services provided. The changes in charge rates were implemented to ensure that the fees charged for export inspection services are more equitable and reflective of the actual cost of the service provision.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) 1991 No. 174 (Amendment) primarily modifies the Export Inspection (Service Charge) Regulations (Regulations) by introducing a new prescribed commodity, processed fruits and vegetables, and adjusting the service charge rates for various commodities. Under the Act, section 6(1) mandates a charge for export inspection services provided at establishments registered for handling prescribed commodities, while section 7 specifies the charge rates, which are detailed in the Regulations. The Amendment specifies new and adjusted service charges for these commodities, introducing a two-tiered charge structure for field and office services to more accurately reflect service costs.
The Amendment imposes specific obligations on parties involved in the export inspection services for the prescribed commodities. Establishments registered under the Act must adhere to the new service charge rates as outlined in the amended Regulations. For instance, for dairy produce, the charge for field services has been adjusted to $101 per half hour, and for office services to $11 per quarter hour. Similarly, eggs, dried tree fruit, dried vine fruit, and the newly added processed fruits and vegetables now follow the same two-tiered charge structure. These changes necessitate that relevant parties update their billing and record-keeping practices to comply with the new rates.
Violation of the amended Regulations can result in civil consequences. The Act does not specify exact penalties within the Amendment; however, non-compliance with service charge regulations typically invites scrutiny and potential enforcement actions. These may include fines or other corrective measures to ensure adherence to the prescribed charges. It is essential for entities providing these services to accurately apply the new rates to avoid penalties and maintain compliance with the regulatory framework.