EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 51
Issued by the authority of the Minister for Primary Industry
FISH (EXPORT INSPECTION CHARGE) COLLECTION ACT 1981
FISH (EXPORT INSPECTION CHARGE) COLLECTION REGULATIONS
The Fish (Export Inspection Charge) Collection Act 1981 provides for the Governor-General to make regulations for the purpose of the collection of the charge imposed by the Fish (Export Inspection Charge) Act 1981. The first Act provides that the regulations may prescribe the manner of payment of charge and other moneys payable to the Commonwealth under the Act.
In section 3 of the Act, “prescribed export permit”, in relation to fish, is defined to mean “a licence, permit or other permission issued in relation to the export of those fish that is declared by the regulations to be a prescribed export permit”.
Sub-regulation 4(1) of the Fish (Export Inspection Charge) Collection Regulations declares an export permit in force
under regulation 22 of the Export Control (General) Regulations to be a prescribed export permit.
With effect on 29 April 1985 the Export Control (General) Regulations were amended so that they no longer apply to fish for the purposes of the Export Control Act 1982. On that day orders made under regulation 3 of the Export Control (Orders) Regulations came into effect that apply to fish for the purposes of the Export Control Act 1982. As a result the Fish (Export Inspection Charge) Collection Regulations were amended to substitute a reference to such orders for the reference to regulation 22 of the Export Control (General) Regulations.
Overview
The Fish (Export Inspection Charge) Collection Act 1981 was enacted to facilitate the regulation of the collection of charges imposed under the Fish (Export Inspection Charge) Act 1981. This Act empowers the Governor-General to make regulations concerning the collection of these charges, which are intended to cover the costs associated with inspecting and approving fish exports. The regulations, as stipulated in the Act, detail the payment methods and other financial obligations under the Act. The purpose of these regulations is to ensure that the charges are collected efficiently and in accordance with the legislative framework established by the Fish (Export Inspection Charge) Act 1981. This legislative structure was designed to address the need for a systematic approach to managing export inspection charges, thereby ensuring compliance and financial accountability in the export of fish from Australia.
Scope and Application
The Fish (Export Inspection Charge) Collection Act 1981 applies to entities and individuals involved in the export of fish from Australia, specifically those who require an export permit as defined by the Act and associated regulations. The Act facilitates the collection of charges imposed under the Fish (Export Inspection Charge) Act 1981, ensuring that these charges are systematically collected and managed. The geographic reach of the Act is national, given it operates under the purview of the Commonwealth and applies to all fish exports from Australia. The Act's application is further specified and detailed by the Fish (Export Inspection Charge) Collection Regulations, which were amended to reflect changes in the Export Control (General) Regulations and to continue applying to fish exports. These regulations provide the framework for what constitutes a prescribed export permit and how the charge is to be collected, ensuring compliance and continuity in the regulatory landscape. There are no stated exclusions or exemptions within the provided text, though the specific details of charge collection and permit requirements would be outlined in the subordinate regulations.
Key Provisions
The Fish (Export Inspection Charge) Collection Act 1981 and its accompanying regulations primarily address the collection of export inspection charges imposed on fish exports under the Fish (Export Inspection Charge) Act 1981. Section 3 of the Act defines a "prescribed export permit" as a licence, permit, or other permission related to the export of fish that is declared by the regulations to be a prescribed export permit (section 3). This definition is crucial as it determines which export permits are subject to the charge.
Under sub-regulation 4(1) of the Fish (Export Inspection Charge) Collection Regulations, an export permit in force under regulation 22 of the Export Control (General) Regulations is declared to be a prescribed export permit. This regulatory alignment ensures that the permits subject to the export inspection charge are clearly identified and regulated. Following the amendment of the Export Control (General) Regulations on 29 April 1985, which removed their applicability to fish under the Export Control Act 1982, the Fish (Export Inspection Charge) Collection Regulations were updated to reference orders made under regulation 3 of the Export Control (Orders) Regulations. This change ensures continued regulation of fish exports despite the legislative shifts.
The Act and regulations impose specific obligations on entities involved in fish exports. Exporters are required to ensure that any export permit they hold is recognised as a prescribed export permit under the regulations. This recognition is critical for compliance with the charge collection provisions. Additionally, the Act mandates that the manner of payment for the inspection charge and any other applicable fees must be in accordance with the regulations, ensuring a standardised and clear process for all parties involved.
Breaches of the obligations set forth by the Fish (Export Inspection Charge) Collection Act 1981 and its regulations may result in civil or criminal consequences. While the specific penalties are not detailed within the text, it is implied that non-compliance could lead to enforcement actions, fines, or other legal repercussions as typically associated with statutory breaches in Australia. These consequences serve as a deterrent against non-compliance and ensure that the charge collection process is adhered to.