EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 387
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)
REGULATIONS (Amendment)
Section 8 of the Fish (Export Inspection Charge) Act 1981 (the Act) as amended by section 39 of the Export Control (Miscellaneous Amendments) Act 1982 (Act No. 48, Assented to on 9 June 1982) provides for the Governor-General to make regulations for the purposes of sections 4, 5 and 6. Section 4 provides in the definition of ‘prescribed export permit’ for the permit to be declared by the regulations, section 5 provides for the imposition of the charge and section 6 for the rate of charge for prescribed classes of fish to be set by regulation.
The Export Control (Miscellaneous Amendments) Act 1982 is to come into operation on 1 January 1983, the same date as the Export Control Act 1982 (Act No. 47, Assented to on 9 June 1982). Under proposed regulations being made pursuant to the Export Control Act 1982, to be known as the Export Control (General) Regulations, the existing Exports Regulations are to be repealed. As a consequence of the repeal of the Exports Regulations, references to them in the regulations which impose a charge or provide for the collection of that charge, must be omitted.
Section 4 of the Act is amended by section 38 of the Export Control (Miscellaneous Amendments) Act 1982 to omit reference to ‘an export permit issued under regulation 24 of the Exports (Fish) Regulations’, and insert a reference to a ‘prescribed export permit’ that is declared by the regulations made pursuant to the Act.
The permit is the document on which the charge is based, and at present, the Fish (Export Inspection Charge) Regulations do not provide for a ‘prescribed export permit’. It will be necessary for such a provision to be included in the Fish (Export Inspection Charge) Regulations.
The purpose of the proposed regulations is to include the necessary permit requirements. They insert a now regulation which declares a permit in force under regulation 22 of the Export Control (General) Regulations to be a prescribed export permit.
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) Regulations (Amendment) Statutory Rules 1982, enacted by the authority of the Minister of State for Transport and Construction, address a gap in the Fish (Export Inspection Charge) Act 1981 by updating the regulatory framework to align with the new Export Control Act 1982. The Fish (Export Inspection Charge) Act 1981 was intended to impose a charge for the inspection of fish exports, but it relied on regulations that were set to be repealed under the new Export Control (Miscellaneous Amendments) Act 1982. This amendment rectifies the reference to a ‘prescribed export permit’ within the Fish (Export Inspection Charge) Regulations, ensuring that the regulations remain effective and applicable post-repeal of the Exports Regulations. The policy objective is to maintain the continuity and enforceability of the charge for fish export inspections without imposing additional burdens on the industry.
Scope and Application
The Fish (Export Inspection Charge) Regulations (Amendment) pertain to entities involved in the export of fish products from Australia, specifically those that require an export permit as outlined in the Fish (Export Inspection Charge) Act 1981. This Act applies to businesses or individuals exporting fish, ensuring they comply with the regulatory framework established to oversee and charge for the inspection of fish exports. The regulations specifically target those who must obtain a prescribed export permit, which is now defined by the Fish (Export Inspection Charge) Regulations as being in force under regulation 22 of the Export Control (General) Regulations. These regulations have a national reach, applicable across the Commonwealth of Australia, and serve to streamline the permit process following the repeal of the Exports Regulations, ensuring that the necessary administrative framework remains intact without additional costs or burdens on the industry. The amendment, effective from 1 January 1983, is purely administrative and does not introduce new requirements or costs for the industry.
Key Provisions
The Fish (Export Inspection Charge) Regulations (Amendment) primarily focus on updating the definition of the 'prescribed export permit' under section 4 of the Fish (Export Inspection Charge) Act 1981. According to section 38 of the Export Control (Miscellaneous Amendments) Act 1982, the existing reference to an export permit issued under regulation 24 of the Exports (Fish) Regulations will be omitted, and instead, a new reference to a 'prescribed export permit' will be introduced. This new provision, declared under regulation 22 of the Export Control (General) Regulations, will be a permit in force, thereby ensuring that the permit requirements are correctly aligned with the legislative changes (section 4). This amendment is intended to address the omission in the Fish (Export Inspection Charge) Regulations, which currently do not provide for a 'prescribed export permit'.
Under these regulations, the obligations on the parties involved primarily concern the accurate declaration of the prescribed export permit. Exporters of fish must ensure that they hold a permit declared by the regulations as a prescribed export permit. This requirement is necessary to comply with the charge provisions under section 5 of the Act. Furthermore, the regulations clarify the type of permit that must be held to satisfy the charge, thereby reducing ambiguity and ensuring that all parties are aware of their obligations. This alignment with the Export Control (General) Regulations ensures that the permit requirements are in line with the broader export control framework.
Any failure to comply with the provisions of the Fish (Export Inspection Charge) Regulations (Amendment) could result in legal consequences. Specifically, under section 6 of the Act, non-compliance with the permit requirements or failure to pay the charge could lead to penalties. While the specific penalties are not detailed in the explanatory statement, it is clear that there are potential civil or criminal consequences for those who do not adhere to the regulations. The precise nature and extent of these penalties would be determined by the courts, but the overarching objective is to enforce compliance and ensure that the export inspection charge is accurately applied.