EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 172
Issued by the Authority of the Minister for Primary Industry
FISH (EXPORT INSPECTION CHARGE) ACT 1981
FISH (EXPORT INSPECTION CHARGE) REGULATIONS (AMENDMENT)
The Fish (Export Inspection Charge) Act 1981 provides for the Governor-General to make regulations for the purpose of imposing a charge on fish inspected for export. The Act provides that regulations may prescribe different rates of charge for different classes of fish provided they do not exceed maximum rates of charge set in the Act. Currently, the maximum charges allowable are 15 cents per dozen for oysters in the shell or half shell and 30 cents per kilogram for fish other than oysters in the shell or half shell.
The Fish (Export Inspection Charge) Regulations prescribe the operative rates of charge applicable to 6 classes of fish inspected for export in respect of which a prescribed export permit is issued. The operative charges were first set to take effect from 1 July 1981 at a level to recover half the cost of fish inspection at that time. Fish export inspection charges have not increased since their introduction in 1981.
The proposed charges have been determined, taking into account cost increases since 1981, with a view to achieving 50% recovery of costs incurred during the remainder of 1983/84, in line with Government policy. The proposed new rates reflect the effort and cost of inspecting the various types of fish rather than the export value of the commodity as in the past. The revised charges are based on expected exports and inspection costs in the 1983/84 financial year and take into account changes in inspection procedures since 1981. If charges continued at the current level for the full year it is estimated that only 33% of fish inspection costs would be recouped.
The current charges and proposed new charges are as follows:
Class of Fish | Current Charge (¢) | Proposed Charge (¢) |
Fish other than shellfish | 0.34/kg | 1.0/kg |
Shellfish other than oysters, rock lobster, squid, cuttlefish and octopus | 2.5/kg | 3.6/kg |
Oysters in the shell or half shell | 1/doz | 10.3/doz |
Oysters not in the shell or half shell | 0.34/kg | 3.5/kg |
Rock lobster | 3.9/kg | 5.1/kg |
Squid, cuttlefish and octopus | 0.34/kg | 1.9/kg |
The proposed regulation replaces the Schedule to the Fish (Export Inspection Charge) Regulations to enable implementation of the increased export inspection charges. The increased charges are to come into effect from 1 October 1983.
0455s
Overview
The Fish (Export Inspection Charge) Act 1981, enacted by the Australian Parliament, was established to address the need for a structured regulatory framework governing the imposition of charges on fish inspected for export. The Act aimed to ensure that the costs associated with inspecting fish for export purposes are adequately covered and managed. The Fish (Export Inspection Charge) Regulations (Amendment) Statutory Rules 1983, issued under the authority of the Minister for Primary Industry, seek to update the rates of these charges to reflect the rising costs of inspection services since the original charges were set in 1981. The policy objective of these amendments is to achieve a 50% recovery of the costs incurred during the remainder of the 1983/84 financial year, aligning with the government’s fiscal strategy. The new rates are designed to better reflect the actual costs of inspecting various types of fish, rather than basing them on the export value of the commodities.
Scope and Application
The Fish (Export Inspection Charge) Act 1981 applies to the imposition of export inspection charges on fish intended for export, including both individuals and entities involved in the export of fish. This Act facilitates the establishment of specific charges for different classes of fish, with the regulatory framework provided by the Fish (Export Inspection Charge) Regulations. The Act and its subordinate regulations have a national reach, applying across all jurisdictions within Australia, to ensure consistency and compliance in the export inspection charges for fish. The Act permits the Governor-General to make regulations prescribing the rates of charge, which must not exceed the maximum rates set out in the Act. The Fish (Export Inspection Charge) Regulations (Amendment) serve to update and implement the proposed new rates of charge, reflecting cost increases and aiming for a 50% recovery of inspection costs for the 1983/84 financial year. These regulations extend the application of the Act by setting specific rates for different classes of fish, such as oysters, shellfish, rock lobster, squid, cuttlefish, and octopus, which are to take effect from 1 October 1983.
Key Provisions
The Fish (Export Inspection Charge) Act 1981 and the associated regulations, particularly the Fish (Export Inspection Charge) Regulations (Amendment), establish the framework for imposing a charge on fish inspected for export. Section 4 of the Act permits the Governor-General to make regulations that impose charges on fish inspected for export, ensuring that these charges do not exceed the maximum rates specified in the Act. These regulations are designed to cover the costs of inspecting fish exports and have been periodically adjusted to reflect changes in the cost of inspection and expected export volumes.
The regulations impose specific charges on six classes of fish: fish other than shellfish, shellfish other than oysters, oysters in the shell or half shell, oysters not in the shell or half shell, rock lobster, and squid, cuttlefish, and octopus. The charges vary by class, with rates such as 1 cent per dozen for oysters in the shell or half shell, and 30 cents per kilogram for fish other than oysters in the shell or half shell. The amendments proposed in the Fish (Export Inspection Charge) Regulations (Amendment) increase these charges to reflect cost increases and inspection efforts since the initial rates were set in 1981. For example, the charge for fish other than shellfish is set to increase from 34 cents to 1 dollar per kilogram, and for oysters in the shell or half shell, the charge will increase from 1 cent to 10.3 cents per dozen.
The Fish (Export Inspection Charge) Regulations place obligations on entities exporting fish to pay the prescribed charges. These charges are applicable to all fish exports that require an export permit under the regulations. Entities must ensure they are aware of and comply with the current rates specified in the regulations. Failure to pay the prescribed charges can result in delays or refusal of export permits, potentially impacting the export process.
The Act and the regulations do not explicitly detail criminal or civil penalties for non-payment of the charges. However, the enforcement of the charges is likely supported by the general legal framework governing compliance with regulatory charges in Australia. Non-compliance could potentially lead to administrative penalties or actions, including fines or other enforcement measures as prescribed by relevant laws or regulations. The exact penalties would depend on the specific enforcement actions taken by the relevant authorities.