Imported Food Control Regulations (Amendment) 1995 No. 172
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 172
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 Governor-General 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 amend the fees applying for chargeable services. The half hourly charge for an inspection of food by an authorised officer is reduced from $88 to $60, the fee for supervising the treatment, destruction or re-exportation of food from $88 to $60 per half hour or part thereof, and the fee for assessing information for inclusion in a food control certificate from $30 to $25 for each consignment of food other than those relating to a recognised government certificate.
The reduction in fees are the result of cost reductions and projected increased activity in the Imported Food program. The cost reductions are directly due to the decrease in the operating costs of the Australian Quarantine and Inspection Service and from savings expected due to revised inspection arrangements. The fee reductions have been endoresed by the industry representative group.
The fee for assessing information for inclusion in a food control certificate in relation to a consignment of food to which a recognised foreign government certificate relates has been increased from $20 to $25 for each consignment. This increase brings the charge into line with document charges applied to other imported goods.
The Imported Food Control Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Commencement
Subregulation 1.1 provides for the Imported Food Control Regulations (Amendment) to commence on 1 July 1995.
Regulation 2 - Amendment
Subregulation 2.1 provides that the Regulations are amended as set out in the Imported Food Control Regulations (Amendment).
Regulation 3 - Schedule (Rates of Charge)
Subregulation 3.1 provides for a reduction in the half hourly fee for an inspection of food by an authorised officer from $88 to $60.
Subregulation 3.2 provides for an increase in the fee for assessing information for inclusion in a food control certificate provided in relation to a consignment of food to which a recognised foreign government certificate relates. The fee for each consignment increasing from $20 to $25.
Subregulation 3.3 provides for a reduction in the fee for assessing information for inclusion in a food control certificate provided in relation to a consignment of food other than those relating to a recognised foreign government certificate. The fee for each consignment decreasing from increasing from $30 to $25.
Subregulation 3.4 provides for a reduction in the half hourly fee for supervising the treatment, destruction or re-exportation of food from $88 to $60.
Overview
The Imported Food Control Regulations (Amendment) 1995 was enacted to address the need for adjustments in fees associated with the Imported Food Control program, which is overseen by the Imported Food Control Act 1992. This Act, enacted by the Parliament of Australia, was designed to regulate the importation of food into the country to ensure it meets Australia's health and safety standards. The amendments to the regulations were made under the authority of the Minister for Primary Industries and Energy, aiming to reflect the changes in operational costs and projected activities within the program. The policy objective behind these amendments was to reduce fees for certain services while aligning others with broader import document charges, ensuring that the fees remain reflective of the economic realities and operational efficiencies of the Australian Quarantine and Inspection Service. These adjustments were endorsed by industry representatives, indicating a collaborative approach to fee setting that considers both governmental and industry perspectives.
Scope and Application
The Imported Food Control Regulations (Amendment) 1995 No. 172 applies to the fees for chargeable services under the Imported Food Control Act 1992. These services include the inspection of food by an authorised officer, the supervision of the treatment, destruction or re-exportation of food, and the assessment of information for inclusion in a food control certificate. The amendment impacts entities and individuals who are subject to these services, primarily importers of food into Australia. The fees set forth in the amended regulations apply on a Commonwealth level and are subject to the overarching framework of the Imported Food Control Act 1992. The stated exclusions or exemptions in the text are limited to specific types of consignments, namely those relating to a recognised foreign government certificate. The regulations may be further extended or restricted through subordinate instruments, though no such provisions are detailed in the explanatory statement.
Key Provisions
The Imported Food Control Regulations (Amendment) 1995 No. 172, issued under the authority of the Minister for Primary Industries and Energy, amends the fees for certain services under the Imported Food Control Act 1992. Section 43 of the Act allows the Governor-General to make regulations that are necessary for carrying out the Act, and this amendment adjusts the fees for services related to the inspection, treatment, destruction, and re-exportation of imported food. The main changes include a reduction in the half-hourly charge for an inspection of food by an authorised officer from $88 to $60 (Regulation 3.1), a reduction in the fee for supervising the treatment, destruction, or re-exportation of food from $88 to $60 per half hour or part thereof (Regulation 3.4), and a reduction in the fee for assessing information for inclusion in a food control certificate from $30 to $25 for each consignment of food other than those relating to a recognised government certificate (Regulation 3.3). Additionally, the fee for assessing information for inclusion in a food control certificate in relation to a consignment of food to which a recognised foreign government certificate relates has been increased from $20 to $25 for each consignment (Regulation 3.2).
The amendment imposes specific obligations and requirements on parties involved with imported food. For instance, it mandates that fees for inspections and other services be paid at the new rates specified in the Regulations. Importers and other stakeholders must ensure they are aware of and comply with these fee adjustments when engaging with authorised officers for the inspection or other regulatory activities related to imported food. This includes updating their billing and payment processes to reflect the new rates as stipulated in the amended Regulations.
The Imported Food Control Regulations (Amendment) also includes provisions for potential breaches and penalties. While the explanatory statement does not explicitly outline penalties, it is reasonable to infer that non-compliance with the amended fee structure could result in enforcement actions under the Imported Food Control Act 1992. These actions might include fines or other sanctions as prescribed by the Act, although the specific penalties would need to be referred to in the principal legislation or any related administrative guidelines. The intent behind the amendments is to streamline the fee structure in line with operational cost reductions and increased activity within the Imported Food program, ensuring that the regulatory framework remains efficient and responsive to industry needs.