Grain (Export Inspection Charge) Regulations (Amendment)

Overview

Statutory Rules 1980 No. 259, the regulation under the Grain (Export Inspection Charge) Act 1979, was enacted to address the need for temporary exemptions on export inspection charges for grain, ensuring fair trade practices during a transitional period. This regulation was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to facilitate the implementation of the Grain (Export Inspection Charge) Act 1979. The objective of the regulation is to provide clarity and guidance on the exemption of certain grain exports from the specified charges, ensuring that trade continues smoothly without undue financial burdens during the stipulated period.

Scope and Application

The Grain (Export Inspection Charge) Regulations 1980 apply to entities and persons involved in the export of grain from Australia, specifically within the context of the Grain (Export Inspection Charge) Act 1979. These regulations establish conditions under which grain exports may be exempt from the export inspection charge, affecting primarily grain traders and exporters who have entered into contracts for the sale of grain prior to specific dates mentioned in the regulations. The regulation’s jurisdictional reach is national, applying across the Commonwealth of Australia, and it aims to provide clarity and relief to those involved in grain transactions under certain conditions. Notably, these regulations exclude grain exported outside the specified period or under contracts not properly documented prior to certain dates, thereby setting specific criteria for exemptions. Additionally, the regulations may be further refined or extended through subordinate instruments, allowing for adjustments as needed to ensure the effective administration of the Act.

Key Provisions

The Grain (Export Inspection Charge) Regulations 1980, made under the Grain (Export Inspection Charge) Act 1979, introduce specific exemptions to the charge applied on exported grain. Section 3(2) of the Regulations stipulates that grain exported between 30 June 1979 and 30 June 1981 under a 'prescribed contract' is exempt from this charge. A 'prescribed contract' (Section 3(3)) is defined as a contract for the sale of a specified quantity of grain at a specified price, entered into before 29 May 1979, provided there is written evidence of the contract prior to this date. These Regulations impose obligations on parties involved in the export of grain to ensure compliance with the specified conditions. Exporters must verify that the contracts for grain exported during the specified period meet the criteria of being 'prescribed contracts'. This means they must have been entered into before 29 May 1979 and be supported by written evidence existing prior to this date. Failure to comply with these stipulations may result in the exported grain not being eligible for the exemption, thereby subjecting it to the export inspection charge. The Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance within the text provided. However, the implications of not adhering to the stipulated conditions could involve the application of the export inspection charge to the grain that would otherwise be exempt. The Act itself, not detailed here, might contain provisions for penalties or enforcement actions in cases of non-compliance, which would need to be referenced for a complete understanding of the potential repercussions.