Imported Food Control Regulations (Amendment)

Overview

The Imported Food Control Regulations (Amendment) 1998 No. 69 was enacted to address the need for updated fees for the inspection services of imported foods under the Imported Food Control Act 1992. This amendment was issued by the authority of the Minister for Primary Industries and Energy. The primary objective of this amendment is to reduce the time-based fees associated with the inspection services for imported foods, ensuring that these fees align with those for other imported goods of quarantine concern. This reduction in fees aims to achieve full cost recovery within the Import Clearance Programme during the 1998/99 financial year. The Family Law (Child Abduction Convention) Regulations (Amendment) 1998 No. 69 was enacted under the authority of the Attorney-General to address the inclusion of the Czech Republic as a Convention country under the Family Law Act 1975. This amendment was made to facilitate Australia’s compliance with the 1980 Hague Convention on the Civil Aspects of International Child Abduction, particularly in light of the Czech Republic ratifying the Convention on 15 December 1997. The amendment updates Schedule 2 of the Family Law (Child Abduction Convention) Regulations to include the Czech Republic, reflecting its reservations under Article 26 of the Convention. This inclusion ensures that Australia can effectively manage child abduction cases with the Czech Republic in accordance with the Convention’s objectives.

Scope and Application

The Imported Food Control Regulations (Amendment) 1998 No. 69, issued under the authority of the Minister for Primary Industries and Energy, amend the Imported Food Control Regulations made pursuant to the Imported Food Control Act 1992. These regulations primarily target importers of food into Australia, ensuring that the fees associated with the inspection and analysis of such imports are reduced to achieve full cost recovery within the Import Clearance Programme during the 1998/99 financial year. The amendments adjust the fees for inspection services, making them equivalent to those for other imported goods of quarantine concern. The changes, effective from 5 May 1998, involve reducing the time-based fees for various inspection services, such as the inspection of imported food products during a whole day and for supervision of treatment, destruction, or re-export of food. The Family Law (Child Abduction Convention) Regulations (Amendment) issued under the Family Law Act 1975 aim to update the list of Convention countries in Schedule 2, incorporating the Czech Republic as a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. This amendment recognises the entry into force of the Convention between Australia and the Czech Republic on 1 March 1998, following the Czech Republic’s ratification on 15 December 1997. The Regulations, which commenced upon gazettal, outline the specific provisions of the Convention concerning the Czech Republic, including its reservation under Article 26 regarding legal costs in court proceedings.

Key Provisions

The main operative sections of the Imported Food Control Regulations (Amendment) 1998 No. 69 (the Amendment) relate to the amendments of the Imported Food Control Regulations (the Regulations). Regulation 1 provides for the commencement of the Amendment on 5 May 1998, and Regulation 2 states that the Regulations are amended as set out in the Amendment. Regulation 3 specifically amends Schedule 2, Part 1 (Fees) of the Regulations, reducing the fees for inspection services for imported food. These fees are reduced to achieve full cost recovery within the Import Clearance Programme during the 1998/99 financial year and to ensure that inspection fees are equivalent to inspection fees for other imported goods of quarantine concern. The specific reductions include a decrease from $637 to $605 for whole day inspection, from $72 to $68 for the first half hour or part of a half hour service, and from $36 to $34 for each additional quarter hour or part of a quarter hour after the first half hour. The Amendment imposes several obligations and requirements on the parties or entities it governs. The primary obligation is to ensure compliance with the reduced fees for inspection services as set out in the Amendment. This includes the requirement for importers of food to pay the specified fees for the inspection services they receive. The Amendment also mandates that the fees be reduced to align with inspection fees for other imported goods of quarantine concern, ensuring that the Import Clearance Programme achieves full cost recovery. Furthermore, the Amendment requires that the revised fees be applied consistently and uniformly across all relevant inspections of imported food. The Imported Food Control Regulations (Amendment) does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is implicit that non-compliance with the reduced fees may result in financial penalties or other enforcement actions under the Imported Food Control Act 1992. The Imported Food Control Act 1992 may contain provisions that allow for the imposition of fines or other penalties for non-compliance with regulations or fees prescribed under the Act. The exact penalties would be determined in accordance with the provisions of the Imported Food Control Act 1992 and relevant administrative or judicial processes. Similarly, the Family Law (Child Abduction Convention) Regulations (Amendment) does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the regulations could potentially result in legal consequences under the Family Law Act 1975. The Family Law Act 1975 may provide for penalties or enforcement actions for breaches of the regulations or obligations related to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The specific penalties would depend on the nature and severity of the breach, and would be determined in accordance with the provisions of the Family Law Act 1975 and relevant legal processes.