EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 253
Issued by the Authority of the Minister for Primary Industry
EXPORT INSPECTION (SERVICE CHARGE) ACT 1985
EXPORT INSPECTION (SERVICE CHARGE) REGULATIONS (AMENDMENT)
Section 9 of Export Inspection (Service Charge) Act 1985 (‘the Act’) empowers the Governor-General to make regulations for the purposes of section 7 of the Act.
Section 7 of the Act provides that the rate of charge payable at an establishment is the rate applicable under the regulations. Regulation 5 of the Export Inspection (Service Charge) Regulations establishes different rates of charge for inspection services, according to which commodities are inspected at the establishment. The Amendment increases these rates of charge, with effect from 1 October 1986, as follows:
| OLD CHARGE | NEW CHARGE |
• eggs - per hour | $30 | $36 |
• fish - per hour | $50 | $75 |
• game - per hour | $12 | $13 |
- veterinary per hour | $15 | $16 |
- minimum charge | $45 | $48 |
Overview
The Export Inspection (Service Charge) Act 1985 was enacted to establish a regulatory framework for the collection of service charges for export inspections in Australia. The Act was introduced to address the need for a structured system to manage the costs associated with the inspection of exported commodities, ensuring that these costs are fairly allocated and transparently managed. The policy objective of the Act is to provide a basis for setting and adjusting the rates of service charges applicable to the inspection of various commodities, as outlined in the regulations made under the Act. These regulations allow for the specification of different rates for different types of commodities, thus ensuring that the fees collected reflect the actual costs of providing inspection services. The Act empowers the Governor-General to make regulations in line with its provisions, with the Export Inspection (Service Charge) Regulations (Amendment) being a notable example of how these powers have been exercised to adjust inspection service charges.
Scope and Application
The Export Inspection (Service Charge) Act 1985, as amended by the Export Inspection (Service Charge) Regulations (Amendment) Statutory Rules 1986, pertains to the imposition of service charges for export inspections at designated establishments in Australia. This legislation applies to entities and individuals who engage in the export of commodities that require inspection services under the Act. These commodities include, but are not limited to, eggs, fish, and game, as specified in the regulations. The Act applies across the entire Commonwealth of Australia, encompassing all states and territories, ensuring a uniform approach to service charges for export inspections. The Act does not explicitly outline exclusions or exemptions, but the regulations, particularly those pertaining to specific commodities, delineate the scope of applicable charges. The application of the Act may be further extended or specified through subordinate instruments, such as the amended regulations that adjust the service charge rates for various commodities as of 1 October 1986.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) primarily modify the rates of charges for export inspection services under the Export Inspection (Service Charge) Act 1985 (the Act). The primary operative section of this Amendment is section 9, which grants the Governor-General the authority to make regulations under section 7 of the Act. Section 7 of the Act specifies that the charge rate applicable at an establishment is determined by the regulations. The Amendment updates Regulation 5 to increase the rates of charge for various commodities, effective from 1 October 1986. Specifically, the charge for eggs has increased from $30 per hour to $36 per hour, fish from $50 per hour to $75 per hour, and game from $12 per hour to $13 per hour. Additionally, the veterinary inspection charge for game has increased from $15 per hour to $16 per hour, and the minimum charge for game has increased from $45 to $48.
The Amendment imposes obligations on the parties and entities governed by the Act, including exporters and inspection service providers. Exporters are required to pay the updated inspection service charges as stipulated in the Amendment. Inspection service providers must ensure that the new rates are applied accurately to the relevant commodities during the inspection process. These obligations are crucial for maintaining the efficiency and financial integrity of the export inspection system.
While the Amendment does not explicitly outline specific offences or penalties for non-compliance with the updated charges, the overarching framework of the Export Inspection (Service Charge) Act 1985 may imply certain consequences for non-compliance. Typically, failure to adhere to the mandated service charge rates could result in disputes or financial discrepancies between exporters and inspection service providers. In severe cases, unresolved disputes may lead to administrative or legal actions under the broader legislative provisions governing export inspections. However, the exact penalties and consequences for non-compliance would depend on the specific circumstances and the relevant legal proceedings.
It is essential for parties and entities governed by the Amendment to be aware of and comply with the updated service charge rates to avoid potential disputes and maintain the smooth operation of the export inspection process. Understanding and adhering to these updated rates ensures that the financial and administrative aspects of the export inspection system are handled correctly, thereby supporting the integrity and efficiency of Australia’s export inspection services.