Export Inspection (Service Charge) Regulations (Amendment) 1992 No. 249
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 249
Issued by the authority of the Minister of State 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, not inconsistent with this Act, for the purposes of imposing charges and prescribing the rates of charge for export inspection service under the Act and exempting classes of requesters from charges.
The Export Inspection (Service Charge) Regulations (the Regulations) prescribe the commodities on which charges are imposed for the provision of inspection services and set charge rates payable by the users of inspection services provided under the Export Control Act 1982 by the Australian Quarantine and Inspection Service (AQIS).
The Export Inspection (Service Charge) Regulations (Amendment) amends the Regulations by
• amending regulation 4
• omitting subregulations 5 (1) and (2)
• inserting new regulation 5
• amending regulation 6
Each of these changes is described below under the respective headings.
Imposition of Charges
Previously, an inspection service charge was applicable to dairy produce, dried tree fruit (other than prunes), dried vine fruits, fish, eggs and processed fruits and vegetables.
Regulation 4 - amended to combine both dried tree fruit and dried vine fruit as one commodity, dried fruits, and to include prunes (which were previously exempt) as part of dried fruits.
Rates of Charge
Service charges in the past were determined on the basis of the commodity being inspected. AQIS is progressively offering a wider range of inspection options. It is seen as appropriate that charges should be determined by reference to the costs of providing a particular type of inspection without regard to the commodity involved. Quality assurance arrangements, and Food Processing Accreditation under the Processed Foods Orders to be made under the Export Control Act 1982, are expected to result in reductions in AQIS costs of providing inspection under those schemes. The amendments to the Regulations focus on AQIS' decision to charge for service on the basis of process as opposed to commodity.
Regulation 5(1) - omitted to withdraw previous charging rates based on commodities.
Regulation 5(2) - omitted the definitions of "prescribed monthly aggregate" and "prescribed period" which are no longer necessary under the new charging structure.
Regulation 5 - inserted to provide new rates of charge for service.
Exemption from charges
Previously, establishments registered for operations associated with the preparation of dairy produce were exempt from the service charge.
Regulation 6 - amended to withdraw the exemption of the service charge from dairy products. This exemption has been withdrawn to complement other measures designed to treat the production of all commodities on a similar basis.
Exemption from Orders made under the Export Control Act 1282
Exporters can, in some circumstances, be exempted from specific requirements of Orders made under the Export Control Act 1982. To recover costs associated with processing exemptions, a charge on applications for exemption has been created. The progressive nature of the charge reflects the high costs in processing the applications from frequent users of the exemption provision, and acts as a deterrent to such use.
Regulation 6 - amended to provide for the rates of charge for each determination by an authorised officer of an application for exemption under the Prescribed Goods (General) Orders.
The proposed Regulations would commence on 1 August 1992.
Overview
The Export Inspection (Service Charge) Regulations (Amendment) 1992 No. 249 was enacted to amend the Export Inspection (Service Charge) Regulations 1991 under the Export Inspection (Service Charge) Act 1985. The Act was introduced to address the need for a regulatory framework to impose and adjust charges for export inspection services provided by the Australian Quarantine and Inspection Service (AQIS). These amendments were issued by the authority of the Minister of State for Primary Industries and Energy. The primary policy objective of these regulations is to align the charge structure with the evolving inspection services offered by AQIS, ensuring that the cost of services is reflective of the actual inspection processes rather than the commodities being inspected. This amendment also includes adjustments to exemptions and charges related to applications for exemption under the Export Control Act 1982 to ensure a consistent approach across all commodities.
Scope and Application
The Export Inspection (Service Charge) Regulations (Amendment) 1992, issued under the authority of the Minister of State for Primary Industries and Energy, modify the existing Export Inspection (Service Charge) Regulations to align with changes in the service offerings by the Australian Quarantine and Inspection Service (AQIS). These amendments apply to the charges for export inspection services as outlined under the Export Inspection (Service Charge) Act 1985 and affect entities involved in the export of various commodities, including dried fruits, fish, eggs, and processed foods. The changes are designed to reflect the costs of providing specific types of inspections rather than basing charges solely on the commodity being inspected. The Regulations apply nationally across Australia, impacting exporters and producers who utilise AQIS inspection services. Certain exemptions and thresholds, such as those previously available for specific commodities like prunes and dairy products, have been revised to ensure a more uniform application of charges across all commodities. The amendments also introduce a charge for applications seeking exemption from specific export control requirements, reflecting the cost of processing these applications and discouraging frequent use. These Regulations commenced on 1 August 1992, bringing into effect the new charging structure and exempting provisions.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) 1992 No. 249 (the Amendment) makes significant changes to the Export Inspection (Service Charge) Regulations (the Regulations) by introducing a new charging structure based on inspection processes rather than the type of commodity. Section 9 of the Export Inspection (Service Charge) Act 1985 empowers the Governor-General to amend the Regulations to impose charges and set rates for export inspection services provided by the Australian Quarantine and Inspection Service (AQIS) under the Export Control Act 1982. The Amendment modifies the Regulations by amending regulation 4 to redefine the categories of commodities subject to inspection charges, omitting subregulations 5 (1) and (2) that specified the previous commodity-based charges, inserting new regulation 5 to establish process-based charges, and amending regulation 6 to adjust exemptions from these charges.
The Amendment imposes several obligations on parties governed by the Regulations. Firstly, it updates the definition of commodities subject to inspection charges by consolidating dried tree fruit and dried vine fruit into a single category of dried fruits, including prunes previously exempt. Secondly, it shifts the basis of service charges from commodity-specific to process-specific, aiming to align charges with the actual costs incurred by AQIS. Thirdly, it removes exemptions for certain establishments engaged in dairy produce from the inspection service charge to ensure a uniform treatment of all commodities. Finally, the Amendment introduces a charge for applications for exemptions from specific requirements of Orders made under the Export Control Act 1982, to recover the costs associated with processing such applications.
Breach of the amended Regulations may lead to civil and criminal consequences. While the Amendment itself does not explicitly state penalties, the overarching Export Inspection (Service Charge) Act 1985 provides for fines and potential imprisonment for non-compliance. The specific penalties would be determined by the relevant courts based on the nature and severity of the breach. The introduction of a charge for exemption applications could also result in financial penalties for those who fail to pay the prescribed charges, further incentivising compliance with the new regulations.