EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 304
Issued by 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 charges on the provision of an export inspection service at an establishment that is registered for operations associated with the preparation of a prescribed commodity specified in the regulations.
Subsection 6(3) of the Act imposes charges on the provision of an external export inspection service that is provided in relation to a prescribed commodity specified in the regulations.
The amendment amends the Export Inspection (Service Charge) Regulations to specify dried tree fruit (other than prunes) and dried vine fruit as prescribed commodities.
Under Section 7 of the Act, the rate of charge for the provision of an export inspection service at an establishment or an external export inspection service is such rate, calculated by reference to time, as is applicable under the regulations.
In respect of each of the two newly prescribed commodities the Export Inspection (Service Charge) Regulations also now provide for rates of charge.
Details of the amendments are set out in the attachment.
The amendments commence on 1 October 1990.
ATTACHMENT
EXPORT INSPECTION (SERVICE CHARGE) REGULATIONS (AMENDMENT)
The amendment amends the Export Inspection (Service Charge) Regulations in the following manner.
Regulation 3 specifies dried tree fruit (other than prunes) and dried vine fruit as prescribed commodities thus allowing for the imposition of charges under the Act.
Regulation 4 sets two rates of charge: one for each attendance by an authorized officer at an establishment registered for the operations associated with the preparation of dried tree fruit (other than prunes) or dried vine fruit; and the other for an export inspection service carried out at the authorized officer’s base office. The rates of charge are to be $59 for each half hour or part thereof, and $5 for each quarter hour or part thereof respectively.
The above amendments are part of a package of amendments to export inspection charging legislation in respect of dried fruit. The Export Inspection (Quantity Charge) Regulations are being amended to remove dried fruit from charge by reference to quantity. The quantity based charge is being replaced by a charge calculated on a time basis, as introduced by these amendments to the Export Inspection (Service Charge) Regulations, and a charge based on establishment registration, as introduced by amendments to the Export Inspection (Establishment Registration Charges) Regulations.
The apportionment of the new charges between establishment registration charge and service charge has been calculated on the basis that the registration charge should closely equate with Australian Quarantine and Inspection Service central and regional office costs and the service charge should closely equate with the direct cost of the provision of inspection services.
The new export inspection charging system for the above commodities will more closely align inspection services with the fee for service regime now in place for most other export commodities prescribed under the Export Control Act 1982.
The package of changes in charging for export inspection of dried fruit is intended to encourage more efficient utilisation of export inspection services resulting in an overall reduction in inspection costs.
The quantum of the new charges is on the basis of recovering 60% of the cost of the provision of the export inspection services.
Overview
The Export Inspection (Service Charge) Act 1985, enacted by the Parliament of Australia, was introduced to regulate the fees associated with export inspection services, ensuring they are transparent and proportionate to the services provided. The Act aims to impose charges for the provision of export inspection services, both at registered establishments and externally, in relation to prescribed commodities. The Export Inspection (Service Charge) Regulations (Amendment) Statutory Rules 1990 further refine the application of these charges by specifying new commodities and adjusting the rates, thereby aligning the fee structure with the overall cost recovery model for export inspection services. This amendment package, including the removal of quantity-based charges for dried fruit and the introduction of time-based charges, seeks to streamline the inspection process and reduce overall costs while maintaining the integrity of the export inspection system.
Scope and Application
The Export Inspection (Service Charge) Regulations (Amendment) Statutory Rules 1990 No. 304, issued under the authority of the Minister of State for Resources, amends the Export Inspection (Service Charge) Regulations to introduce specific charges for the inspection of dried tree fruit (excluding prunes) and dried vine fruit. This amendment applies to establishments registered for operations associated with the preparation of these commodities, as well as external export inspection services provided in relation to them. The amendment aligns the inspection fee structure for these commodities with the time-based fee structure applied to most other export commodities under the Export Control Act 1982, replacing the previous quantity-based charge. The new regulations specify charges of $59 for each half hour or part thereof for inspections conducted at registered establishments and $5 for each quarter hour or part thereof for inspections conducted at the authorized officer's base office. These amendments are designed to encourage more efficient use of inspection services and result in an overall reduction in inspection costs. The changes are part of a broader package of amendments aimed at aligning the export inspection charging system with a fee-for-service regime, ensuring that the inspection costs closely reflect the actual costs incurred by the Australian Quarantine and Inspection Service.
Key Provisions
The Export Inspection (Service Charge) Act 1985, as amended, imposes charges for export inspection services related to specific commodities. Under section 6(1) of the Act, charges are imposed on the provision of an export inspection service at a registered establishment, while section 6(3) imposes charges on external export inspection services. The Act allows the Governor-General to make regulations for these purposes, as stated in section 9.
The newly amended Export Inspection (Service Charge) Regulations specify dried tree fruit (excluding prunes) and dried vine fruit as prescribed commodities, allowing for the imposition of charges for these items under the Act. Section 7 of the Act stipulates that the rate of charge is determined by the regulations and is calculated by reference to time. The regulations now provide for two rates of charge related to the newly prescribed commodities: $59 for each half hour or part thereof for an authorized officer's attendance at a registered establishment, and $5 for each quarter hour or part thereof for an export inspection service carried out at the authorized officer's base office.
Entities and parties governed by the Act are required to comply with the specified charges for export inspection services. For the newly prescribed commodities, they must adhere to the rates outlined in the amended regulations, ensuring that appropriate fees are charged and collected. Failure to comply with the stipulated charges or the regulations may result in legal consequences.
The Act does not explicitly state penalties for non-compliance. However, any breach of the regulations could potentially lead to enforcement actions by the relevant authorities. The penalties, if any, would be determined by the applicable legislation governing administrative compliance and enforcement, such as the Administrative Appeals Tribunal Act 1975 or other relevant laws. The maximum penalties would depend on the specific nature of the breach and the applicable legislative provisions.