EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 388
Issued by the Authority of the Minister of State for Transport and Construction for and on behalf of the Minister of State for Primary Industry
FISH (EXPORT INSPECTION CHARGE)
COLLECTION REGULATIONS (Amendment)
Section 9 of the Fish (Export Inspection Charge) Collection Act 1981 (the Act) provides for the Governor-General to make regulations required or permitted by, or necessary or convenient for carrying out or giving effect to, the Act or for facilitating the collection or recovery of any debt due to the Commonwealth under the Act.
The Export Control Act 1982 (Act No. 47, Assented to on 9 June 1982) is to come into operation on 1 January 1983. Under proposed regulations being made pursuant to this Act, to be known as the Export Control (General) Regulations, the Exports Regulations are to be repealed. As a consequence of the repeal of the existing Exports Regulations, references to them in the regulations which impose a charge or provide for the collection of that charge, must be omitted.
Sub-regulation 4(1) and paragraph 7(1)(a) of the Fish (Export Inspection Charge) Collection Regulations provide for an exporter of fish inspected for export to furnish a return and keep proper records. Each contains a reference to an ‘export permit issued to him under regulation 24 of the Exports (Fish) Regulations’.
The proposed amendment provides for the references to an ‘export permit issued to him under regulation 24 of the Exports (Fish) Regulations’ to be replaced by a reference to ‘an export permit issued to him under regulation 22 of the Export Control (General) Regulations’.
The proposed amendment is of an administrative nature only and will not involve the imposition of any additional requirements or costs on the industry concerned.
The proposed amendment will come into operation on 1 January 1983.
Overview
The Fish (Export Inspection Charge) Collection Regulations (Amendment) Statutory Rules 1982 were enacted to address the administrative inconsistencies arising from the repeal of the existing Exports Regulations and their replacement with the Export Control (General) Regulations. This amendment ensures that the Fish (Export Inspection Charge) Collection Regulations align with the new regulatory framework under the Export Control Act 1982, which was assented to on 9 June 1982 and scheduled to come into operation on 1 January 1983. The amendment replaces references to the Exports (Fish) Regulations with references to the Export Control (General) Regulations, thereby maintaining the continuity and effectiveness of the regulatory requirements without imposing any additional obligations or costs on the industry. This change is purely administrative and is intended to facilitate the smooth transition to the new regulatory environment.
Scope and Application
The Fish (Export Inspection Charge) Collection Regulations (Amendment) are designed to align with the changes introduced by the Export Control Act 1982, which will replace existing regulations concerning fish exports. These regulations apply to any person or entity engaged in the export of fish in Australia, necessitating the amendment of specific references in the Fish (Export Inspection Charge) Collection Regulations. The amendment updates references from the repealed Exports (Fish) Regulations to the new Export Control (General) Regulations, ensuring that the regulatory framework remains consistent with the new legislative environment. This change is purely administrative, ensuring that exporters comply with the updated regulatory references without imposing any additional requirements or costs. The amendment is set to take effect on 1 January 1983, in conjunction with the commencement of the Export Control Act 1982.
Key Provisions
The Fish (Export Inspection Charge) Collection Regulations (Amendment) primarily modify the references within the Fish (Export Inspection Charge) Collection Regulations to align with the new legislative framework established by the Export Control Act 1982. Specifically, it updates references from the repealed Exports (Fish) Regulations to the new Export Control (General) Regulations. This amendment is purely administrative and does not introduce any new obligations or costs for the industry (Sub-regulation 4(1) and paragraph 7(1)(a)). These changes are set to take effect from 1 January 1983, the same date the Export Control Act 1982 is to come into operation.
The obligations imposed by the Fish (Export Inspection Charge) Collection Regulations (Amendment) require fish exporters to continue to furnish returns and maintain proper records, but now in accordance with the new Export Control (General) Regulations. This means that exporters must ensure that any export permits they hold are issued under the new regulatory framework and comply with any associated requirements. These regulations are designed to facilitate the smooth transition from the old to the new system, ensuring that there is no disruption in the regulatory oversight of fish exports (Sub-regulation 4(1) and paragraph 7(1)(a)).
In terms of compliance, the Fish (Export Inspection Charge) Collection Regulations (Amendment) does not introduce new offences or penalties. However, failure to comply with the updated references and requirements could potentially lead to administrative penalties under the Export Control Act 1982. While specific penalties are not detailed within the explanatory statement, it is likely that non-compliance could result in fines or other enforcement actions as stipulated in the overarching legislation. The intent of the amendment is to ensure that the transition to the new regulatory environment is managed efficiently and that exporters remain compliant with the relevant laws.
Overall, the Fish (Export Inspection Charge) Collection Regulations (Amendment) is a straightforward administrative update intended to ensure that the regulatory references are current and accurate. By aligning the regulations with the new Export Control Act 1982, it aims to maintain the integrity and effectiveness of the export inspection charge collection process. This amendment reflects a commitment to keeping the regulatory framework up-to-date and relevant to the current legislative environment, without imposing additional burdens on the industry.