Imported Food Control Regulations (Amendment) 1995 No. 269
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 269
Issued by the authority of the Minister for Primary Industries and Energy
Imported Food Control Act 1992
Imported Food Control Regulations (Amendment)
Section 43 of the Imported Food Control Act 1992 (the Act) provides that the GovernorGeneral may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Imported Food Control Regulations (the Regulations) prescribe what fees are payable for chargeable services and when a fee must be paid for analysis of food under the Act.
The purpose of the Imported Food Control Regulations (Amendment) is to introduce a new a charge for time spent by an inspector in processing and manually lodging a documentary import entry, overtime charges for services performed outside ordinary hours of duty, and charges for the making of import entries.
The new charges are necessary due to rationalisation of the Australian Quarantine and Inspection Services Imported Food and Import Clearance programs. The new charges bring the Imported Food charges into line with those in the Import Clearance program. The new fees have been endorsed by the representative industry group and mean significantly reduced inspection fees for food importers.
The Imported Food Control Regulations (Amendment) amends the Regulations as follows:
Regulation 1- Amendment
Subregulation 1.1 provides that the Regulation are amended as set out in the Imported Food Control Regulations (Amendment).
Regulation 2 - Fees Payable for Chargeable Services
Subregulation 2.1 omits the existing Regulation 33 and substitutes a revised Regulation that details what fees are payable for chargeable services. The chargeable services prescribed have been expanded to include services performed outside of ordinary hours of duty.
Regulation 3 - Prescribed Chargeable Service - Lodgment of Import Entry
Subregulation 3.1 provides for the inclusion of a Regulation which specifies a new chargeable service. The new Regulation 36 defines the service of making an import entry as a chargeable service.
Regulation 4 - Schedule (Rates of Charge)
Subregulation 4.1 amends the existing Schedule to include rates of charge for time spent by an inspector in processing and manually lodging a documentary import entry, overtime charges for services performed outside ordinary hours of duty, and documentation charges for the making of import entries.
Overview
The Imported Food Control Regulations (Amendment) 1995 No. 269 is an amendment to the Imported Food Control Regulations 1992, introduced by the Minister for Primary Industries and Energy. This amendment was enacted to address the need for updated and aligned fee structures within the Imported Food Control Act 1992. The objective of this amendment is to incorporate new charges for time spent by inspectors in processing and manually lodging documentary import entries, overtime charges for services performed outside ordinary hours of duty, and charges for the creation of import entries. These new charges were necessitated by the rationalisation of the Australian Quarantine and Inspection Services Imported Food and Import Clearance programs, aiming to harmonise fees with those in the Import Clearance program. The amendments have been endorsed by relevant industry groups and result in a significant reduction in inspection fees for food importers.
Scope and Application
The Imported Food Control Regulations (Amendment) 1995 No. 269 applies to entities involved in the import of food into Australia, specifically focusing on importers and any associated services required for the processing and documentation of imported food products. This amendment to the Imported Food Control Regulations 1992, made under the authority of the Minister for Primary Industries and Energy, primarily affects the financial obligations of food importers who must now pay fees for various services related to the importation process. These fees include charges for time spent by inspectors in processing and manually lodging documentary import entries, overtime charges for services performed outside ordinary hours, and charges for the making of import entries. The amendment seeks to rationalise charges in line with those in the Import Clearance program and has been endorsed by relevant industry groups. The application of these regulations is nationwide, impacting all food importers operating within Australia. There are no stated exclusions or exemptions in the text, and the scope of the application is explicitly defined by the fees and services outlined in the amendment.
Key Provisions
The Imported Food Control Regulations (Amendment) 1995 No. 269 introduces significant changes to the fees and charges associated with the processing and analysis of imported food under the Imported Food Control Act 1992. Primarily, the amendment broadens the scope of chargeable services to include additional tasks performed by inspectors (Reg. 2). This includes services rendered outside the ordinary hours of duty and the manual lodgment of documentary import entries, which were not previously covered (Reg. 3).
These amendments impose new obligations on food importers and other parties subject to the Imported Food Control Act. Importers must now be prepared to pay additional fees for these expanded services, which are intended to align with the charges applicable under the Import Clearance program (Reg. 4). The new fees have been designed to streamline and rationalise the inspection process, ultimately benefiting food importers by reducing inspection fees (Reg. 1). The changes reflect the need to cover the costs associated with the new services provided by inspectors, ensuring that the Imported Food Control system remains effective and financially sustainable.
In terms of enforcement, the Imported Food Control Regulations (Amendment) does not explicitly outline specific offences or penalties for non-compliance with the new fee structures. However, under the Imported Food Control Act 1992, non-payment of fees or charges can lead to enforcement actions, including fines or legal proceedings. The maximum penalties for such breaches, as stipulated in the Act, can be substantial, reflecting the importance of compliance with regulatory requirements. Importers and other affected parties must ensure they adhere to the new fee schedules and obligations to avoid potential legal consequences.