Commonwealth Numbered Regulations - Explanatory Statements
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EXPORT INSPECTION (QUANTITY CHARGE) AMENDMENT (PRESCRIBED GRAIN) REGULATION 2014 (SLI NO 121 OF 2014)
EXPLANATORY STATEMENT
Select Legislative Instrument No. 121, 2014
Issued by Authority of the Minister for Agriculture
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Quantity Charge) Amendment (Prescribed Grain) Regulation 2014
Legislative Authority
The Export Inspection (Quantity Charge) Act 1985 (Charge Act) imposes a charge on the inspection of certain prescribed goods intended for export. The charge is calculated based upon the quantity of the prescribed good for which an export permit is granted. It forms part of the export legislation framework which includes the Export Inspection and Meat Charges Collection Act 1985 (Collection Act).
Subsection 7(1) of the Charge Act provides that the rates of charge in respect of a prescribed good are the rates that are prescribed under the regulations. Subsection 7(3) sets out the rates of charge that must not be exceeded for certain goods.
Section 10 of the Charge Act provides, in part, that the Governor-General may make regulations, not inconsistent with the Charge Act, prescribing matters required or permitted by the Charge Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Charge Act.
The Export Inspection (Quantity Charge) Regulations 1985 (Principal Regulations) are made under the Charge Act.
Purpose
The Charge Act was amended by the Export Inspection (Quantity Charge) Amendment Act 2014 which substituted references to 'prescribed commodity' with 'prescribed good', within the meaning of the Export Control Act 1982. These amendments and those made to the Collection Act by the Export Legislation Amendment Act 2014 have aligned definitions to ensure definitional consistency across the export legislation framework.
The purpose of the Export Inspection (Quantity Charge) Amendment (Prescribed Grain) Regulation 2014 (Amendment Regulation) is to amend the Principal Regulations consistent with the amendments made to the Charge Act and the Collection Act by:
* updating the reference to 'grain' to 'prescribed grain' which is a prescribed good within the meaning of the Export Control Act 1982; and
* inserting definitions for ease of interpretation.
Correcting the reference to 'grain' ensures the terms used in the Principal Regulations are consistent with the Export Control (Plants and Plant Products) Order 2011, which regulates the export of plants and plant products that are declared to be prescribed goods under the Export Control Act 1982.
Impact and Effect
The amendments are minor and technical in nature and are intended to update the Principal Regulations consistent with recent amendments to the Collection Act and Charge Act. The amendments will allow the Department to continue collecting quantity charges on prescribed grain.
Consultation
The Department consulted industry through the Grain and Plant Products Export Industry Consultative Committee and the Horticulture Exports Industry Consultative Committee in developing the amendments to the Collection Act.
The Office of Best Practice Regulation (OBPR) has advised that a Regulation Impact Statement is not required for the Amendment Regulation (OBPR reference number 16545).
The Amendment Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.
Details/Operation
Section 1 - Name of Regulation
This section provides that the name of the Amendment Regulation is the Export Inspection (Quantity Charge) Amendment (Prescribed Grain) Regulation 2014.
Section 2 - Commencement
This section provides for the Amendment Regulation to commence on 1 September 2014.
Section 3 - Authority
This section provides that the Amendment Regulation is made under the Charge Act.
Section 4 - Schedule(s)
This section provides that the Principal Regulations are amended or repealed as specified in Schedule 1.
Schedule 1 - Amendments
Export Inspection (Quantity Charge) Regulations 1985
Items 1 and 2 capitalise the 'r' in 'regulations' in the heading and following text for stylistic consistency.
New regulation 2 sets out two definitions to be used in the Principal Regulations - 'Act' meaning the Charge Act and 'prescribed grain' having the same meaning as in the Export Control (Plants and Plan Products) Order 2011 (Plants Order).
New regulation 3 sets a rate of charge for prescribed grain in accordance with subsection 7(1) of the Charge Act. The rate of charge is 11 cents for each tonne or part of a tonne. New regulation 3 reflects the policy intent of previous regulation 2, which set the rate of charge for grain as being 11 cents per tonne or part of a tonne.
The purpose of this amendment is to insert definitions into the Principal Regulations to aid the interpretation of its provisions. The amendment also redrafts previous regulation 2 to update the reference to 'grain' in the Principal Regulations to 'prescribed grain', which is a prescribed good within the meaning of the Export Control Act 1982. This ensures the terms used in the Principal Regulations are consistent with the Plants Order, which regulates the export of plants and plant products that are declared to be prescribed goods under the Export Control Act 1982.
This
reflects the removal of corresponding definitions from the Export Inspection
and Meat Charges Collection Act 1985 (Collection Act) by the Export
Legislation Amendment Act 2014 to ensure definitional consistency across
the export legislation framework.
ATTACHMENT
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Export Inspection (Quantity Charge) Amendment (Prescribed Grain) Regulation 2014
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Legislative Instrument amends the Export Inspection (Quantity Charge) Regulations 1985 to:
* update the reference to 'grain' to 'prescribed grain' which is a prescribed good within the meaning of the Export Control Act 1982
* insert definitions for ease of interpretation.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms as the amendments are minor and technical in nature.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon. Barnaby Joyce MP
Minister for Agriculture
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