Export Inspection (Service Charge) Regulations (Amendment) 1996 No. 192
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 192
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 sections 6 and 7 of the Act Section 6 provides that a charge is imposed on the provision of an export inspection service at an establishment, being 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 6 also provides that a charge is imposed in an external export inspection service that is provided in relation to a prescribed commodity specified in the regulations.
Section 7 provides that 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. Further, Section 7 provides that the rate of charge in respect of the provision of an external export inspection service is such rate, calculated by reference to time, as is applicable under the regulations to the prescribed commodity in relation to which the service is provided.
The Export Inspection (Service Charge) Regulations (the Regulations) prescribe commodities and the service charges payable by an establishment that is registered for operations associated with the preparation of those commodities for export.
The purpose of the Export Inspection (Service Charge) Regulations (Amendment) is to increase the fee for service for export inspection in relation to dried fruit from $35 to $52.50 for each quarter hour after the initial half hour. The initial half hour rate of $105 has been maintained at its existing level.
The increase in quarter hour fee for service rate for the dried fruit program is required to enable export inspection costs to be fully recovered in 1996/97. In 1995/96, the program significantly under-recovered due to the failure of activity levels to reach those estimated at the start of the year by industry.
As part of the savings announced by the Government in the 1996/97 Budget, Community Service Obligation (CSO) funding in the program has been reduced by $20,000. A CSO is an activity that is either undertaken in response to a Government requirement, intended to result in a community or social service, or where no identifiable end-user exists from whom the cost can be recovered.
Given this reduction and the activity levels estimated by industry for 1996/97, a fee increase is required. Industry has endorsed the fee increase.
The Export Inspection (Service Charge) Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Commencement
Subregulation 1.1 provides that the Regulations as amended will commence on 1 September 1996.
Regulation 2 - Amendment
Subregulation 2.1 provides that the Regulations are amended as set out in the Export Inspection (Service Charge) Regulations (Amendment).
Regulation 3 - Rates of Charge
Subregulation 3.1 provides for an increase in the fee for service rate for the provision of an export inspection service at an establishment relating to dried fruit, from $35 to $52.50 for each quarter hour after the initial half hour.
Subregulation 3.2 provides for an increase in the fee for service rate for the provision of an external export inspection service relating to dried fruit, from $35 to $52.50 for each quarter hour after the initial half hour.
Overview
The Export Inspection (Service Charge) Regulations (Amendment) 1996 No. 192 is an amendment to the Export Inspection (Service Charge) Regulations 1996, made under the authority of the Export Inspection (Service Charge) Act 1985. This amendment was introduced to address the shortfall in revenue collection for the export inspection service for dried fruit commodities in the 1995/96 financial year. As a result of lower than expected activity levels, the government's Community Service Obligation (CSO) funding in the program was reduced by $20,000 in the 1996/97 Budget. This, combined with the estimated activity levels for the upcoming year, necessitated an increase in the fee for service rate for dried fruit export inspection to ensure full recovery of costs. The policy objective of the amendment is to align the service charge with the actual costs incurred in providing the export inspection service.
Scope and Application
The Export Inspection (Service Charge) Regulations (Amendment) 1996 pertains to entities and establishments involved in the export inspection of prescribed commodities, particularly dried fruit, under the Export Inspection (Service Charge) Act 1985. This Act applies to any establishment that is registered for operations associated with the preparation of commodities specified in the regulations for export purposes. The legislation imposes a service charge on the provision of export inspection services at registered establishments and for external export inspection services. The amendment primarily focuses on increasing the service charge for export inspection services related to dried fruit, from $35 to $52.50 for each quarter hour after the initial half hour, while maintaining the initial half-hour rate at $105. The changes are designed to ensure that the export inspection costs are fully recovered, which was not achieved in the previous fiscal year due to lower-than-anticipated activity levels. The amendment applies nationally across Australia, as it is a Commonwealth regulation. There are no specific exclusions, exemptions, or thresholds stated in the amendment, but the Act allows for the regulation of service charges through subordinate instruments, which can be further defined and extended as necessary.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) 1996 No. 192 amends the Export Inspection (Service Charge) Regulations 1985. This amendment introduces changes to the fees associated with export inspection services for dried fruit. Specifically, under Section 9 of the Export Inspection (Service Charge) Act 1985, the Governor-General has the authority to make regulations regarding the charges for export inspection services. The primary change introduced by these amendments is the increase in the fee for service for export inspection of dried fruit. Under the existing regulations, a charge is imposed on the provision of an export inspection service at an establishment registered for operations associated with the preparation of prescribed commodities, including dried fruit. The amendments increase this fee from $35 to $52.50 for each quarter hour after the initial half hour, while maintaining the initial half hour rate at $105.
The Export Inspection (Service Charge) Regulations (Amendment) 1996 imposes specific obligations on the parties involved in the export inspection of dried fruit. Firstly, establishments registered for operations associated with the preparation of dried fruit must adhere to the new fee schedule as outlined in the amended regulations. This includes accurately charging the increased rate of $52.50 for each quarter hour after the initial half hour. Secondly, those providing external export inspection services for dried fruit must also comply with these new fee rates. It is essential for these entities to ensure that they are invoicing correctly according to the updated rates to avoid discrepancies or non-compliance.
There are no explicit provisions in the Export Inspection (Service Charge) Regulations (Amendment) 1996 that outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the new fee schedule could potentially result in disputes, financial discrepancies, and non-compliance issues. While the regulations themselves do not specify penalties, non-compliance with statutory requirements can attract penalties under broader legislative frameworks, such as the Administrative Penalties (Common) Act 1992. This could include fines or other administrative actions imposed by the relevant authorities for not adhering to prescribed regulations.