Overview

The Grain (Export Inspection Charge) Collection Act 1979 was enacted by the Parliament of Australia to facilitate the collection of the charge imposed by the Grain (Export Inspection Charge) Act 1979. This Act was designed to address the need for an effective mechanism to collect the specified charge on grain exported from Australia, ensuring that the revenue generated from these charges could be properly managed and accounted for. The policy objective underpinning this legislation was to establish a clear legal framework for the collection process, including the establishment of due dates, penalties for non-payment, and the authority for authorised persons to access and inspect relevant premises and documents. By setting out these provisions, the Act aimed to streamline the collection process and maintain compliance among exporters. The Act provides for the collection of charges due on exported grain, sets out the penalties for non-payment, and grants authorised persons the power to enter premises to inspect relevant records. This comprehensive approach ensures that the charge collection process is both effective and enforceable, thereby supporting the broader objectives of the Grain (Export Inspection Charge) Act 1979. The legislation also includes provisions for the Governor-General to make regulations necessary for carrying out the Act, thereby providing flexibility in the implementation and enforcement of the charge collection process.

Scope and Application

The Grain (Export Inspection Charge) Collection Act 1979 applies to all persons and entities involved in the export of grain from Australia. The Act facilitates the collection of the export inspection charge imposed under the Grain (Export Inspection Charge) Act 1979, and it operates across the Commonwealth of Australia. It mandates that charges are due for payment 28 days after the last day of the month in which the grain is exported, with penalties for non-payment and provisions for the recovery of unpaid charges. The Act also establishes the authority of authorized persons to inspect and verify records related to the export of grain, allowing them to enter premises with or without a warrant, and to search for and inspect relevant documents. Regulations made under the Act can further specify the manner of payment, record-keeping requirements, and other necessary provisions for the effective implementation of the Act. The Act also includes provisions for penalties and offences related to the furnishing of false or misleading information, as well as obstructing authorized persons in the exercise of their duties. The Act allows for the remission of penalties by the Minister or authorized persons, up to a specified limit. The application and scope of the Act can be extended or modified through subordinate regulations made by the Governor-General, ensuring that the Act can be adapted to changing circumstances or needs in the grain export industry.

Key Provisions

The Grain (Export Inspection Charge) Collection Act 1979 (the Act) establishes the framework for collecting charges on grain exports from Australia. Section 4 sets out the due date for the payment of the charge, which must be made within 28 days after the end of the month in which the grain is exported. Section 5 allows for the recovery of not only the charge itself but also any penalties imposed for non-payment or other breaches. Under Section 6, a penalty is imposed on persons who do not pay the charge by the due date, at a rate of 10% per annum on the outstanding amount, with some discretion given to the Minister or authorized persons to remit all or part of this penalty, up to a maximum of $100. The Act also imposes specific obligations on exporters and other relevant parties. Section 7 mandates that exporters must provide accurate and complete information and returns as required by the regulations, with penalties of up to $300 for non-compliance or submission of false information. Section 8 grants authorized persons the right to enter premises to inspect records related to grain exports, either with the consent of the occupier or through a warrant issued by a Justice of the Peace if there is reasonable belief that relevant documents are present. The Act further prohibits obstructing or hindering an authorized person carrying out their duties, with a penalty of up to $200 for such actions. The Act also delineates potential legal consequences for breaches of its provisions. Under Section 7, offences relating to the furnishing of returns and information include penalties of up to $300. Additionally, Section 8 outlines that obstructing an authorized person acting under a warrant is an offence with a penalty of up to $200. The Act provides for the creation of regulations by the Governor-General, which may include further penalties for offences against these regulations, not exceeding a fine of $200, as stated in Section 9. These provisions collectively ensure that the Act's objectives are met while providing clear guidance and consequences for non-compliance.