EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 54
Issued by the authority of the Minister for Primary Industry
FISH (EXPORT INSPECTION CHARGE) REGULATIONS (AMENDMENT)
FISH (EXPORT INSPECTION CHARGE) ACT 1981
The Fish (Export Inspection Charge) Act 1981 (the Act) provides for the Governor-General to make regulations defining words and expressions for the purposes of the Act.
In Section 4 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”.
Regulation 2A of the Fish (Export Inspection Charge) 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 will come into effect that apply to fish for the purposes of the Export Control Act 1982. As a result the Fish (Export Inspection Charge) 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) Regulations (Amendment) Statutory Rules 1985 No. 54, issued under the authority of the Minister for Primary Industry, were enacted to amend the Fish (Export Inspection Charge) Regulations 1981. This legislative amendment was necessitated by the revision of the Export Control (General) Regulations, which were no longer applicable to fish as of 29 April 1985. The primary objective of these regulations, as stated in the explanatory statement, is to ensure that the Fish (Export Inspection Charge) Regulations align with the current legal framework by substituting references to the new Export Control (Orders) Regulations that apply to fish under the Export Control Act 1982. This amendment aims to maintain the integrity and effectiveness of the regulatory oversight on fish exports, ensuring that the prescribed export permits continue to be accurately identified and managed.
Scope and Application
The Fish (Export Inspection Charge) Act 1981 applies to the export of fish in Australia, specifically targeting entities involved in the exportation of fish by imposing an inspection charge. The Act is concerned with defining and regulating the conditions under which fish can be exported, particularly through the issuance of "prescribed export permits." These permits are outlined in the regulations as licenses or permissions required for the export of fish, which are further detailed by the Fish (Export Inspection Charge) Regulations. The Act's jurisdiction is federal, and its application extends to all fish exports from Australia, irrespective of the state or territory from which the export originates. The regulations also amend to reflect changes in other related legislation, such as the Export Control Act 1982, ensuring that the Fish (Export Inspection Charge) Regulations remain aligned with current export control measures. The Act does not explicitly state any exclusions or thresholds, but the regulations it references can provide further specificity on applicable entities and conditions.
Key Provisions
The Fish (Export Inspection Charge) Regulations (Amendment) 2004, made under the Fish (Export Inspection Charge) Act 1981, introduce amendments to existing regulations to ensure continued compliance with the Act. In Section 4 of the Act, "prescribed export permit" is defined as any licence, permit, or other permission related to the export of fish, declared by the regulations to be a prescribed export permit. Regulation 2A specifically designates an export permit in force under regulation 22 of the Export Control (General) Regulations as a prescribed export permit. With the amendments made on 29 April 1985, the Export Control (General) Regulations no longer apply to fish under the Export Control Act 1982, and orders made under regulation 3 of the Export Control (Orders) Regulations now apply to fish for the purposes of the Export Control Act 1982. Consequently, the Fish (Export Inspection Charge) Regulations were updated to replace references to regulation 22 of the Export Control (General) Regulations with references to such orders.
Entities and individuals involved in the export of fish must adhere to the updated regulations to ensure their activities are compliant with the Fish (Export Inspection Charge) Act 1981. This includes obtaining the appropriate prescribed export permit as defined by the regulations. Failure to comply with the requirements set forth in the Act and its regulations may result in legal consequences. The obligations imposed include ensuring that all necessary permits are obtained and that the relevant charges, if any, are paid. The regulations provide clear definitions and references to assist in the identification and acquisition of the required permits.
Breaches of the Fish (Export Inspection Charge) Act 1981 and its regulations may result in civil or criminal penalties. The specific consequences depend on the nature and severity of the breach. While the maximum penalties are not detailed in the explanatory statement, it is understood that the Act provides for enforcement mechanisms to ensure compliance. Penalties may include fines or other sanctions, depending on the jurisdiction and the specifics of the breach. It is essential for parties involved in fish exports to familiarise themselves with the regulations and ensure full compliance to avoid any legal repercussions.