EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 142
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 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 Regulations) amend the Export Inspection (Service Charge) Regulations by charging new rates, as set out below against the relevant commodities, for export inspection services.
• | dairy produce from $41 to $49 | per hour or part thereof for each attendance by an authorized officer |
• | eggs | from $41 to $49 | per hour or part thereof for each attendance by an authorized officer |
• | fish | from $75 to $90 | for each attendance by an authorized officer for a continuous period of one hour |
| | from $75 to $90 | per hour or part thereof for each attendance by an authorized officer occurring in a prescribed monthly aggregate |
• | edible game offal, game meat or game meat products | from $17 to $19 | per hour or part thereof for each attendance by a meat inspector |
| | from $20 to $24 | per hour or part thereof for each attendance by a veterinary officer |
| | from $60 to $72 | as a minimum charge for each attendance |
The Regulations came into operation on 1 July 1988.
Overview
The Export Inspection (Service Charge) Act 1985 was enacted to address the need for regulating service charges associated with the provision of export inspection services in Australia. This Act empowers the Governor-General to establish regulations that determine the rates for such services, aligning them with the specific requirements of different types of commodities and the associated inspections. The policy objective behind this Act is to ensure that the charges for export inspection services are fair and reflect the actual costs incurred in providing these services, thereby maintaining the efficiency and effectiveness of Australia's export inspection regime.
The Export Inspection (Service Charge) Regulations (Amendment) were introduced to adjust the rates of these service charges, reflecting updated costs and ensuring the sustainability of the inspection services. These amendments were made under the authority of the Minister for Primary Industries and Energy, and they came into effect on 1 July 1988, establishing new rates for various commodities such as dairy produce, eggs, fish, and game meat products. This regulatory update ensures that the charges for export inspections remain current and appropriate, supporting the smooth operation of Australia's export processes.
Scope and Application
The Export Inspection (Service Charge) Regulations (Amendment) under the Export Inspection (Service Charge) Act 1985 apply to entities involved in the export of specific commodities, including dairy produce, eggs, fish, and edible game offal, game meat, or game meat products. These Regulations are designed to amend the rates of service charges applicable to the provision of export inspection services at establishments where these commodities are inspected prior to export. The Act is applicable to all establishments involved in the export of these commodities, and the amended rates are calculated by reference to time, as outlined in the Regulations. The geographic scope of the Act is nationwide, as it is a Commonwealth legislation, affecting exports across Australia. There are no specific exclusions or exemptions mentioned in the text, but it is implied that the regulations apply broadly to the designated commodities and the inspections required for their export. The Act’s application may also be extended or restricted through subordinate instruments as necessary, allowing for further adjustments to the service charges.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) amend the Export Inspection (Service Charge) Regulations by introducing new rates for the export inspection services for various commodities. According to Section 7 of the Export Inspection (Service Charge) Act 1985, the rate of charge for the provision of an export inspection service at an establishment is determined by the regulations, which are applicable either to the establishment or to the class of establishments to which it belongs. The amendments specify new charges for dairy produce, eggs, fish, edible game offal, game meat, and game meat products, effective from 1 July 1988.
The new rates set forth in the Regulations are intended to reflect the updated costs associated with providing these inspection services. For instance, the charge for dairy produce and eggs has been increased from $41 to $49 per hour or part thereof for each attendance by an authorised officer. For fish, the charge has been raised from $75 to $90 for each attendance by an authorised officer for a continuous period of one hour and from $75 to $90 per hour or part thereof for each attendance occurring in a prescribed monthly aggregate. Furthermore, the amendments introduce new rates for edible game offal, game meat, and game meat products, with charges ranging from $17 to $19 per hour or part thereof for each attendance by a meat inspector, $20 to $24 per hour or part thereof for each attendance by a veterinary officer, and a minimum charge of $60 to $72 for each attendance.
The obligations under these Regulations fall upon the entities or parties responsible for the export of the specified commodities. These entities must ensure that they are aware of the new rates and are prepared to pay the applicable charges for the export inspection services. Failure to comply with these regulations may result in penalties or other consequences as prescribed by the Export Inspection (Service Charge) Act 1985.
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of the Regulations. However, the authority to make regulations under Section 9 of the Act implies that any failure to adhere to the stipulated charges may be subject to the enforcement mechanisms provided under the principal Act. Parties who do not comply with the new rates may face potential legal actions or other administrative measures as determined by the relevant authorities under the Export Inspection (Service Charge) Act 1985.