EXPLANATORY STATEMENT
Statutory Rules 1988 No 5
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 for the purposes of sections 6 and 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’) amends subparagraphs 5(1)(c)(i), 5(1)(c)(ii) and 5(1)(c) to set new rates for export inspection services provided at establishments registered for operations associated with the preparation of edible game offal, game meat and game meat products.
The Regulations came into operation on 1 February 1988
Overview
The Export Inspection (Service Charge) Act 1985 was enacted by the Commonwealth Parliament to establish a framework for charging service fees for export inspection services provided at specific establishments. This Act was introduced to address the need for a regulated system of fees to cover the costs associated with the inspection of goods intended for export. By setting forth a mechanism for the imposition of service charges, the Act aimed to ensure that the expenses incurred in the inspection process were adequately covered, thereby maintaining the efficiency and integrity of the export inspection system. The policy objective was to provide a structured and transparent method for calculating and applying these charges, ensuring they reflect the actual costs incurred by the relevant authorities. The Export Inspection (Service Charge) Regulations (Amendment), issued under the authority of the Minister of State for Primary Industries and Energy, further refined these charges to adapt to changing operational needs and ensure the continued effectiveness of the export inspection services.
Scope and Application
The Export Inspection (Service Charge) Act 1985 applies to entities involved in the export of goods from Australia, specifically those that require an export inspection service. This Act and its subsequent regulations, including the Export Inspection (Service Charge) Regulations (Amendment), govern the rates charged for the provision of such inspection services. These regulations particularly affect establishments registered for operations associated with the preparation of edible game offal, game meat, and game meat products, setting new rates for the services provided at these establishments. The Act and its regulations extend to the Commonwealth level and apply across Australia, ensuring consistent application of service charges for export inspections. The Act does not explicitly state exclusions or thresholds, but the rates are determined by the type of establishment and the nature of the operations conducted. The application and specific rates of the service charges are further detailed and modified through subordinate instruments such as the Export Inspection (Service Charge) Regulations (Amendment), which came into operation on 1 February 1988.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) primarily focus on modifying the rates for export inspection services at establishments involved in the preparation of edible game offal, game meat, and game meat products. The changes are detailed in subparagraphs 5(1)(c)(i), 5(1)(c)(ii) and 5(1)(c), which have been updated to reflect new rates for these services. The amendment is an exercise of the powers granted under Section 9 of the Export Inspection (Service Charge) Act 1985, where the Governor-General can make regulations to implement the provisions of Sections 6 and 7 of the Act.
The obligations imposed by these regulations require that any establishment registered for operations related to the preparation of edible game offal, game meat, and game meat products must adhere to the new rates set forth in the amendment. These rates are determined based on the time taken for the inspection services, ensuring that all such establishments comply with the updated fees as specified under the regulations. The Act ensures that the charges are calculated in a manner that reflects the specific nature of the services provided, thus maintaining a fair and consistent approach to fee determination.
Breach of these regulations can lead to civil and criminal consequences. If an establishment fails to comply with the new rates or does not charge the correct fees as per the updated regulations, it could result in legal action being taken against the establishment. The specific penalties for non-compliance are not detailed in the explanatory statement, but under Australian law, penalties for such breaches can include fines and potential legal action to enforce compliance. The exact penalties would be determined by the relevant authorities and could vary based on the severity and frequency of the breach.
The updated regulations are designed to ensure that all parties involved in the export inspection services are aware of and comply with the current fees, thereby maintaining the integrity of the export inspection process. It is essential for the entities governed by these regulations to stay updated with the changes to avoid any legal repercussions.