EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 270
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 exported. 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 in respect of which a prescribed export permit is issued. These charges were introduced on 1 July 1981 at rates designed to recover half the costs of fish inspection at that time.
The revised charges have been determined with a view to maintaining 50% recovery of costs incurred during the remainder of 1984-85 in line with Government policy. The charges are based on expected exports and inspection costs for the 1984-85 financial year.
The former and present charges are as follows:
Class of fish | Former charge (¢) | Present charge (¢) |
Fish other than shellfish | 1.0/kg | 1.2/kg |
Shellfish other than oysters, rock lobster, squid, cuttlefish and octopus | 3.6/kg | 5.1/kg |
Oysters in the shell or half shell | 10. 3/doz | 13.0/doz |
Oysters not in the shell or half shell | 3.5/kg | 4.4/kg |
Rock lobster | 5.1/kg | 4.7/kg |
Squid, cuttlefish and octopus | 1.9/kg | 3.6/kg |
The proposed Regulations repealed and replaced the Schedule to the Fish (Export Inspection Charge) Regulations to impose revised export inspection charges. The increases came into effect on 1 October 1984.
Overview
The Fish (Export Inspection Charge) Act 1981 was enacted by the Parliament of Australia to provide a framework for imposing a charge on fish exported from the country. This Act addresses the need to recover the costs associated with inspecting fish for export purposes by allowing the Governor-General to set regulations for these charges. The objective of the Act, as stated in its explanatory statement, is to ensure that the charges imposed are sufficient to cover the costs of inspection, and it specifies that different rates can be applied to different classes of fish, provided they do not exceed certain maximum rates. The Fish (Export Inspection Charge) Regulations (Amendment) of 1984, issued under the authority of the Minister for Primary Industry, revised these charges to align with the expected export volumes and inspection costs for the 1984-85 financial year, continuing the policy of achieving a 50% recovery of inspection costs.
Scope and Application
The Fish (Export Inspection Charge) Act 1981 applies to all entities involved in the export of fish, ensuring that a charge is imposed on fish exported from Australia. This encompasses various types of fish and seafood, including oysters, shellfish, and rock lobster, among others. The Act mandates that these charges are set by regulations made under its authority and must not exceed the maximum rates stipulated within the Act. These regulations are designed to recover a proportion of the costs associated with the inspection of fish prior to export. The Act's jurisdiction is nationwide, applying across all states and territories of Australia. However, the Act does not explicitly exclude any specific entities or classes of fish from its purview, though the regulations may specify certain classes of fish for which charges are applicable. Additionally, the Act's application can be extended or modified through subordinate regulations, such as the Fish (Export Inspection Charge) Regulations (Amendment) which was issued to revise the rates of charge to align with the government's policy on cost recovery.
Key Provisions
The Fish (Export Inspection Charge) Act 1981, as amended by the Fish (Export Inspection Charge) Regulations (Amendment), introduces specific operative sections that detail the charges for fish exported from Australia. Section 4 of the Act outlines the authority of the Governor-General to establish regulations that impose an export inspection charge on fish, with Section 5 specifying that these charges must not exceed the maximum rates set out in the Act. Specifically, Section 5 stipulates that the charge for oysters in the shell or half shell should not surpass 15 cents per dozen, and for other fish, the charge should not exceed 30 cents per kilogram.
The Fish (Export Inspection Charge) Regulations, as amended, impose obligations on exporters to pay the specified charges for each class of fish exported. These regulations mandate that the export inspection charges are to be levied on six classes of fish, namely 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 are applied at the time of issuing a prescribed export permit, ensuring that the costs of inspection are covered by the exporter.
Failure to comply with the Fish (Export Inspection Charge) Regulations may result in legal consequences. While the Act does not explicitly state penalties for non-compliance, it can be inferred that breaches of these regulations could lead to civil or criminal liabilities under other relevant legislation, such as the Customs Act 1901. Penalties for non-compliance with related customs regulations can include fines and, in severe cases, imprisonment. The maximum penalties would align with those stipulated under the applicable customs laws, which can vary depending on the nature and extent of the breach.