Grain (Export Inspection Charge) Amendment Act 1983
No. 43 of 1983
An Act to amend the Grain (Export Inspection Charge) Act 1979
[Assented to 21 September 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Grain (Export Inspection Charge) Amendment Act 1983.
(2) The Grain (Export Inspection Charge) Act 19791 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation
3. Section 4 of the Principal Act is amended by inserting after the definition of “charge” the following definitions:
“ ‘container’ includes a lift van, but does not include a vehicle or a barge of the kind known as a lighter aboard ship barge;
“‘container system unit’ means a container designed for repeated use as a unit of cargo handling equipment in the transport of goods by ships specially constructed, adapted or equipped for the handling and carrying of containers of the kind to which the container belongs in the course of a transportation system in which goods are transported to, in and from the ship in containers of that kind;”.
Rates of charge
4. Section 6 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:
“(3) The rate of charge in respect of grain shall not exceed—
(a) in the case of grain that is shipped for export in bulk other than in a container system unit—33 cents per tonne;
(b) in the case of grain that is shipped for export in bags other than in a container system unit—40 cents per tonne; and
(c) in the case of grain that is shipped for export in a container system unit—$1.46 per tonne.”.
NOTE
1. No. 47, 1979.
Overview
The Grain (Export Inspection Charge) Amendment Act 1983 was enacted to revise the rates of charges for grain exported from Australia, specifically addressing the fees associated with the export inspection of grain as stipulated in the Grain (Export Inspection Charge) Act 1979. This amendment was passed by the Queen, in conjunction with the Senate and the House of Representatives of the Commonwealth of Australia, and it aims to update the economic considerations and operational costs related to the inspection of grain exports. The policy objective is to ensure that the fees charged are reflective of the current costs and logistics of exporting grain, thereby maintaining a balance between the revenue generated from these charges and the costs borne by exporters.
This Act introduces new definitions to clarify the types of containers used in grain export and amends the rates of charge to better align with contemporary shipping practices and economic conditions. By setting specific charge rates for grain exported in bulk, in bags, and in container system units, the Act provides a clear framework for the financial obligations of grain exporters, ensuring transparency and fairness in the export inspection process.
Scope and Application
The Grain (Export Inspection Charge) Amendment Act 1983 is an Act that amends the Grain (Export Inspection Charge) Act 1979 to modify the rates of charges applicable to the export of grain. The Act applies to the export of grain in various forms, specifically distinguishing between grain exported in bulk, in bags, and in container system units, which are defined within the Act. It imposes a regulatory framework governing the export inspection charges for grain, impacting entities involved in the exportation of grain, such as exporters, shipping companies, and possibly the grain producers themselves. The geographic reach of this Act is national, as it pertains to the Commonwealth of Australia and its export activities. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it is implied that the charges apply universally to all grain exported under the specified conditions. The Act allows for further specification and application through subordinate instruments, which could potentially expand or restrict its application as deemed necessary by the relevant authorities.
Key Provisions
The Grain (Export Inspection Charge) Amendment Act 1983 (hereafter referred to as the Act) amends the Grain (Export Inspection Charge) Act 1979 by modifying the definitions of certain terms and adjusting the rates of charges for the export inspection of grain. Section 3 of the Act amends the definition of "container" to include a lift van but explicitly excludes vehicles and lighter aboard ship barges. It also introduces the term "container system unit," which refers to a container designed for repeated use in the transport of goods by specially constructed, adapted, or equipped ships that handle and carry containers as part of a transportation system involving the use of such containers.
The Act imposes specific obligations on entities involved in the export of grain. It mandates that the charge for inspecting grain exported in bulk (not in a container system unit) shall not exceed 33 cents per tonne, grain exported in bags (not in a container system unit) shall not exceed 40 cents per tonne, and grain exported in a container system unit shall not exceed $1.46 per tonne. These provisions are detailed in section 4, which replaces the previous sub-section (3) in the Principal Act.
Failure to comply with the specified rates of charge under this Act can result in legal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of statutory requirements generally attract civil and criminal penalties under Australian law. Civil penalties can include fines, and in some cases, criminal penalties such as imprisonment may apply, depending on the severity of the breach and the discretion of the court. It is essential for parties involved in grain export to adhere to these stipulated rates to avoid any legal repercussions.