Imported Food Control Regulations (Amendment)

Overview

The Imported Food Control Regulations (Amendment) 1997 No. 289, issued by the authority of the Minister for Primary Industries and Energy, aims to amend the Imported Food Control Regulations 1992 to address the need for updating fees associated with services performed outside ordinary hours of duty. The overarching objective is to ensure that the fees for such services align with those in other Australian Quarantine and Inspection Service inspection programs, reflecting the actual costs involved. The amendment is grounded in Section 43 of the Imported Food Control Act 1992, which allows for the regulation of fees necessary for the effective implementation of the Act. The regulatory changes specifically target the fee structure for services rendered outside standard working hours, increasing the charges to accurately represent the financial outlay required for these services. This legislative amendment seeks to maintain consistency and fairness in the fees across different inspection services within the Australian regulatory framework.

Scope and Application

The Imported Food Control Regulations (Amendment) 1997 No. 289 applies to the Imported Food Control Act 1992, which governs the importation of food into Australia and establishes the fees for services related to the inspection and analysis of such imports. This regulation specifically amends the Imported Food Control Regulations to adjust the fees charged for services performed outside of ordinary working hours to better align with the costs incurred in providing these services. The amended fees reflect the overtime rates applied across other Australian Quarantine and Inspection Service inspection programs, ensuring consistency and fairness in fee structures. This regulation affects any person or entity involved in the importation of food, including importers, brokers, and carriers, as well as the Australian Government officers responsible for inspecting and analysing imported food. The amendment applies across the Commonwealth of Australia, with the changes coming into effect upon gazettal. There are no specific exclusions, exemptions, or thresholds mentioned in the text, but the fees are adjusted based on the type of service performed outside ordinary hours, as detailed in the amended schedule.

Key Provisions

The Imported Food Control Regulations (Amendment) 1997 No. 289 (the Amendment) modifies the Imported Food Control Regulations (the Regulations), which govern the fees for services provided under the Imported Food Control Act 1992 (the Act). Regulation 36, which details the prescribed chargeable service for the lodgement of import entry, remains unchanged in its definition (Regulation 2). However, the Amendment introduces new fee rates for services performed outside ordinary hours of duty (Regulation 3). Specifically, the overtime rates have been adjusted to better align with the fees in other Australian Quarantine and Inspection Service inspection programmes. Under the amended Regulations, the fee for services performed on time-and-a-half rates has increased from $6 to $7, with the minimum time-and-a-half charge rising from $104 to $122 (Schedule 2, Part 2, Subregulation 3.1). For double time rates, the fee has been raised from $8 to $9.40, with the minimum double time charge now at $150, up from $128. Additionally, the fee for double time-and-a-half rates has increased from $10 to $11.80, with the minimum double time-and-a-half charge now set at $188, up from $160. The Amendment imposes clear obligations on parties and entities subject to the Imported Food Control Regulations. Importers of food products must now pay the updated fees for services performed outside ordinary hours as specified in the amended Regulations. This includes ensuring timely payment of these fees to comply with the requirements outlined in the Act. The Regulations are designed to ensure that the fees reflect the actual cost of providing these services, thereby maintaining the integrity of the inspection programme. Failure to comply with the amended Regulations may result in various consequences. While the Amendment does not explicitly state penalties, non-compliance with the Act's requirements generally can lead to enforcement actions by the relevant authorities. This may include fines, legal proceedings, or other administrative actions to ensure adherence to the prescribed fees and payment schedules. The specific penalties would depend on the nature and extent of the breach, as well as the relevant provisions of the Imported Food Control Act 1992.