Exports (Grain) Regulations (Amendment)

Overview

The Statutory Rules 1970 No. 80, enacted under the Customs Act 1901-1968, addresses the need for updating and clarifying the definitions within the Exports (Grain) Regulations, specifically concerning the types of grain and the personnel authorised to conduct inspections. This legislative instrument was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to ensure that the regulations align with current requirements and operational practices. The primary policy objective of these regulations is to streamline and standardise the inspection and exportation processes for grain exports, thereby enhancing the efficiency and oversight of these activities. By amending the definitions, the regulations aim to provide clear guidance and authority to relevant officers and employees from various departments involved in the inspection and export processes.

Scope and Application

The Statutory Rules 1970 No. 80, which are Regulations under the Customs Act 1901-1968, amend the Exports (Grain) Regulations. These Regulations are set to come into operation on 1 July 1970 and they redefine the term "grain" to include wheat, oats, barley, and sorghum. Furthermore, the Regulations redefine "officer" to encompass a broader range of individuals, including officers and employees of the Department of Primary Industry, the Department of Health, and the Department of the Interior in relation to the Northern Territory Administration. Additionally, the term "officer" extends to officers of a State who perform inspections or examinations of grain intended for export or the ships carrying such grain on behalf of the Commonwealth Government. These Regulations apply to all persons and entities involved in the export of grain, particularly those within the specified departments and state officers engaged in the inspection and examination of grain and vessels. The scope is national, affecting all states and territories within Australia. The Regulations may be further extended or restricted by subordinate instruments.

Key Provisions

The main operative sections of the Statutory Rules 1970 No. 80 concern the amendment of the Exports (Grain) Regulations. Specifically, section 2 amends the definition of “grain” and “officer” under Regulation 3 of the Exports (Grain) Regulations. The amended definition of “grain” now encompasses wheat, oats, barley, and sorghum. The definition of “officer” is expanded to include officers and employees of various departments, such as the Department of Primary Industry, the Department of Health, the Department of the Interior, and state officers engaged in the inspection or examination of grain intended for export. These Regulations impose obligations on various parties and entities involved in the export of grain. The updated definitions clarify the scope of responsibility and authority for officers tasked with inspecting and examining grain and ships intended for export. By specifying the roles of officers from different departments and levels of government, the Regulations ensure a coordinated approach to compliance and enforcement. The Regulations themselves do not explicitly state offences, penalties, or consequences for non-compliance. However, breaches of the Customs Act 1901-1968, under which these Regulations are made, may result in civil or criminal penalties. The severity of these penalties would depend on the nature and extent of the breach, with potential consequences including fines and imprisonment as prescribed under the Customs Act. In summary, Statutory Rules 1970 No. 80 amends the Exports (Grain) Regulations to refine the definitions of “grain” and “officer,” thereby clarifying the roles and responsibilities of various government officials in the export process. While the Regulations do not outline specific penalties for non-compliance, violations of the underlying Customs Act could result in substantial civil or criminal repercussions.