Export Inspection (Service Charge) Regulations (Amendment) 1995 No. 171
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 171
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 GovernorGeneral 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 (Quantity Charge) Regulations (Amendment) is to increase the fee for service for export inspection in relation to fish from $44 to $60 for the initial half hour, and from $22 to $30 for each subsequent quarter hour or part thereof.
The increase in fee for service rates for the fish commodity is required to enable the export inspection costs to be fully recovered in 1995/96. The revised rate also brings it into line with fee for service rates in other processed foods commodities. Industry has endorsed the increase which will still result in lower charges than in 1993/94 and a reduction in the total program costs recovered from industry in 1994/95.
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 July 1995.
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 fish from $44 to $60 for the first half hour or part of that half hour.
Subregulation 3.2 provides for an increase in the fee for service rate from $22 to $30 for each subsequent quarter hour.
Subregulation 3.3 provides for an increase in the fee for service rate for the provision of an external export inspection service relating to fish from $44 to $60 for the first half hour or part of that half hour.
Subregulation 3.4 provides for an increase in the fee for service rate from $22 to $30 for each subsequent quarter hour.
Overview
The Export Inspection (Service Charge) Regulations (Amendment) 1995, issued under the authority of the Minister for Primary Industries and Energy, serves to amend the Export Inspection (Service Charge) Regulations 1991. This legislative amendment was enacted to address the need for revised service charges for export inspections, specifically for fish commodities, to ensure the full recovery of export inspection costs. The policy objective behind these amendments is to align the fee structure with that of other processed food commodities, thereby maintaining a fair and efficient system for all stakeholders involved in the export industry. The amendments increase the service charges for fish inspections, reflecting industry endorsement and ensuring cost recovery while still maintaining lower charges compared to previous years.
Scope and Application
The Export Inspection (Service Charge) Regulations (Amendment) 1995 pertains to the Export Inspection (Service Charge) Act 1985, which imposes a service charge on export inspections provided at establishments registered for operations associated with the preparation of prescribed commodities for export. This regulation applies to establishments that are registered to handle specific commodities intended for export, thereby affecting entities engaged in the export of goods. The primary commodities of concern in this amendment are fish, where the charge rates for export inspections are being increased to ensure that the costs associated with these inspections are fully recovered. The amendment also extends to external export inspection services provided in relation to these commodities. The amendment is effective from 1 July 1995, as specified in the commencement provision. Notably, the increased charges are designed to align with rates for other processed food commodities and have been endorsed by the industry, ensuring continued support and compliance with the new rates.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) 1995 No. 171 amends the existing Export Inspection (Service Charge) Regulations by increasing the service charge rates for export inspection services related to fish. Section 3 of the Regulations now specifies a service charge of $60 for the initial half hour of inspection for fish at an establishment, or for an external export inspection service relating to fish, up from the previous rate of $44 (Subregulations 3.1 and 3.3). For each subsequent quarter hour or part thereof, the charge is set at $30, an increase from the previous rate of $22 (Subregulations 3.2 and 3.4). This amendment aims to ensure that the costs of export inspection for fish are fully recovered, aligning the fees with those for other processed food commodities and reflecting industry endorsement.
Entities and establishments involved in the export of fish must comply with these new service charge rates, which apply from 1 July 1995 as stipulated in Regulation 1 (Subregulation 1.1). These entities are required to adjust their billing practices to reflect the increased rates for export inspection services as per the amended Regulations. The increase in fees is intended to facilitate full cost recovery for the fiscal year 1995/96 and aligns with the broader industry standards for processed foods.
Failure to comply with the new service charge rates could potentially lead to disputes or non-compliance issues between the exporters and the inspection service providers. However, the specific consequences for non-compliance are not detailed within the text provided. It is essential for all parties involved to ensure adherence to the updated regulations to avoid any potential conflicts or financial discrepancies.
The Regulations do not explicitly mention penalties or consequences for non-compliance, but it is reasonable to infer that any failure to adhere to the prescribed service charges could lead to legal challenges or disputes. The absence of explicit penalties in the text might imply that the primary enforcement mechanism is compliance through industry standards and contractual obligations. Nonetheless, any disputes arising from non-compliance could potentially be resolved through the existing legal frameworks governing contractual and commercial disputes in Australia.