Imported Food Control Regulations (Amendment) 1996 No. 194
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 194
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 he 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 increase the fees payable for services performed during ordinary hours of duty. It is proposed to increase by 20% the fees payable for the inspection of food, the assessment of information for inclusion in a food control certificate, the supervision of treatments of food and the processing of an import entry.
Imported Foods services are provided by the Australian Quarantine and Inspection Service (AQIS) under the Import Clearance program. As part of the savings announced by the Government in the 1996/97 Budget, Community Service Obligation (CSO) funding in the Import Clearance program has been reduced by $1.222m. A CSO is an activity that is either undertaken in response to a Government requirement, intended to result in a community or social service, or where no identifiable end-user exists from whom the cost can be recovered.
The combined effect of the CSO reductions, reduced industry activity levels and maintenance of the costs needed to fund existing infrastructures to service industry, require the fees to be increased.
The Imported Food Control Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Amendment
Subregulation 1 - 1 provides that the Regulations as amended will commence on 1 September 1996.
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 2. Part 1 (Fees for services performed during ordinary hours of duty)
Subregulation 3.1 replaces the previous Item 1 with a new Item which increases fees relating to the inspection of food. The charge rates for services performed during ordinary hours of duty have been increased from $531 to $637 for each full day, from $60 to $72 for the first half hour and from $30 to $36 for each subsequent quarter hour.
Subregulation 3.2 increases the charge for the assessment of information for inclusion in a food control certificate that is provided in relation to a consignment of food to which a recognised foreign government certificate relates. The charge increases from $25 to $30 for each consignment.
Subregulation 3.3 increases the charge for the assessment of information for inclusion in a food control certificate that is provided in relation to a consignment of food where a recognised foreign government certificate does not apply. The charge increases from $25 to $30 for each consignment.
Subregulation 3.4 replaces Item 4 and 5 of the Schedule. The revised items increase the charges payable for the supervision of the treatment, destruction or re-exportation of food and for the making of an import entry. The charges for supervisions increase from $60 to $72 for the first half hour and from $30 to $36 for each subsequent quarter hour. Charges for the making of an import entry under the AQIS Import Management System increase from $5 to $6 and an entry of any other kind from $10 to $12.
Overview
The Imported Food Control Regulations (Amendment) 1996 No. 194 was enacted to address the financial shortfalls in the Import Clearance program caused by reductions in Community Service Obligation (CSO) funding, which amounted to $1.222 million as part of the savings announced in the 1996/97 Budget. This reduction, coupled with decreased industry activity levels and the need to maintain infrastructure costs, necessitated an increase in fees for services provided under the Imported Food Control Act 1992. The regulation, issued by the authority of the Minister for Primary Industries and Energy, aims to adjust the fees payable for services performed during ordinary hours of duty, including the inspection of food, assessment of information for food control certificates, supervision of food treatments, and processing of import entries. The primary objective of this amendment is to ensure the financial sustainability of the Imported Food Control program while maintaining the high standards of imported food inspection and control.
Scope and Application
The Imported Food Control Regulations (Amendment) 1996 No. 194 applies to the fees associated with the provision of services related to the importation of food into Australia under the Imported Food Control Act 1992. These services are administered by the Australian Quarantine and Inspection Service (AQIS) as part of the Import Clearance program. The amendment affects the fees for services performed during ordinary hours of duty, including the inspection of food, the assessment of information for inclusion in a food control certificate, the supervision of treatments of food, and the processing of an import entry. The amendment aims to increase these fees by 20% to compensate for reductions in Community Service Obligation (CSO) funding and to cover the costs necessary to maintain existing infrastructures. The amended fees are intended to take effect from 1 September 1996, as outlined in the Schedule to the Regulations. The legislation applies across the Commonwealth of Australia, affecting all entities and individuals involved in the importation of food that require AQIS services under the Imported Food Control Act. There are no stated exclusions, exemptions, or thresholds in the text, and the application of the Act is not extended or restricted through subordinate instruments.
Key Provisions
The main provisions of the Imported Food Control Regulations (Amendment) 1996 No. 194 include amendments to the fees for services performed during ordinary hours of duty, as set out in the regulations (Reg. 1(1), Reg. 2(1), Reg. 3(1)). Specifically, these amendments increase the fees for the inspection of food (Reg. 3(1)), the assessment of information for inclusion in a food control certificate (Reg. 3(2), Reg. 3(3)), and the supervision of treatments and processing of import entries (Reg. 3(4)). The fees have been increased by 20% to account for reductions in Community Service Obligation (CSO) funding and to maintain the costs needed to service industry (Reg. 3(1)-(4)).
The obligations imposed by these regulations primarily concern the Australian Quarantine and Inspection Service (AQIS), which provides imported food services under the Import Clearance program. AQIS must now charge the updated fees for services performed during ordinary hours of duty, as outlined in the amended regulations (Reg. 3(1)-(4)). This includes charging higher fees for the inspection of food, the assessment of information for food control certificates, and the supervision of treatments and import entries.
There are no specific offences or penalties outlined in these regulations for non-compliance with the new fee structure. However, failure to adhere to the updated fees could result in financial discrepancies and potential disputes between AQIS and importers. Importers must ensure they are aware of and comply with the new fee structure to avoid any financial or legal issues. The regulations do not specify any civil or criminal consequences for breaches, but any non-compliance could lead to disputes or financial discrepancies that may require resolution through other legal or administrative processes.