EXPLANATORY STATEMENT
Statutory Rules 1987 No 252
Issued by the authority of the Minister of State for Resources
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 proposed Export Inspection (Service Charge) Regulations (Amendment) (‘the Regulations’) set a new rate for export inspection services provided at egg establishments and insert a rate for export inspection services provided at dairy establishments which have an approval of a quality control system plan in force under export control orders.
The Regulations are to come into operation on 1 November 1987.
Overview
The Export Inspection (Service Charge) Act 1985 was enacted to establish a framework for the imposition of service charges for the provision of export inspection services in Australia. This legislation was introduced to address the need for a structured approach to charging for the inspection services provided to exporters, ensuring that the costs associated with these services are appropriately managed and recovered. The Act was enacted by the Commonwealth Parliament, reflecting a policy objective to provide a clear legal basis for the administration of export inspection services and the associated charges. The proposed Export Inspection (Service Charge) Regulations (Amendment) further refine the rates applicable to specific types of establishments, including egg and dairy establishments, ensuring that the service charges are aligned with the operational requirements and the value of services provided.
Scope and Application
The Export Inspection (Service Charge) Regulations (Amendment) 1987 amends the Export Inspection (Service Charge) Regulations 1985 to set a new rate for export inspection services provided at egg establishments and introduces a rate for services provided at dairy establishments that have a quality control system plan approval in force under export control orders. This Act applies to any entity or person involved in the export of goods from Australia, specifically targeting the agricultural sector with its focus on egg and dairy establishments. The Act operates nationally across the Commonwealth of Australia, ensuring that any entity or person involved in the export of eggs or dairy products subject to quality control system plan approvals must adhere to the new service charge rates. The amendment does not explicitly state any exclusions or exemptions, implying that the new rates apply universally to the specified establishments within the scope of the Act. The application and enforcement of these regulations are further defined and potentially extended through subordinate instruments that may address specific operational details or additional categories of exports.
Key Provisions
The Export Inspection (Service Charge) Regulations (Amendment) amends the rates for service charges applicable to the provision of export inspection services at certain establishments. Specifically, section 9 of the Export Inspection (Service Charge) Act 1985 empowers the Governor-General to make regulations concerning the rates for these services, as provided in sections 6 and 7 of the Act. Section 7 specifies that the charge rate is determined by time and is applicable to the establishment or its class as set out in the regulations. The new rates introduced by the Regulations affect egg establishments and dairy establishments with an approved quality control system plan under export control orders.
Under these Regulations, egg establishments will now be charged at a newly specified rate for export inspection services. Similarly, dairy establishments with an approved quality control system plan will also be subject to a specified rate for these services. These amendments mean that parties involved in exporting eggs or dairy products will need to be aware of the updated charges applicable to them. The Regulations are set to take effect from 1 November 1987, meaning that the new rates will apply from this date.
The Act imposes certain obligations on parties involved in the export of goods. These include compliance with the specified service charge rates for export inspection services at relevant establishments. Parties must ensure they are aware of and prepared to meet these updated charges as stipulated by the Regulations. Failure to comply with the new rates could result in disputes or non-payment issues, which may have further legal implications.
In terms of penalties, the Act does not explicitly detail the consequences of non-compliance with the new service charge rates. However, general provisions within the Act might imply that non-compliance could lead to civil or criminal penalties. These could include fines or other sanctions as deemed appropriate by the relevant authorities. While the maximum penalties are not explicitly stated in the provided text, it is clear that adherence to the new rates is mandatory to avoid any potential legal repercussions.