Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION (SERVICE CHARGE) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 28

Statutory Rules 2001 No. 28

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry - Australia

Export Inspection (Service Charge) Act 1985

Export Inspection (Service Charge) Amendment Regulations 2001 (No. 1)

Section 9 of the Export Inspection (Service Charge) Act 1985 (the Act) provides that the GovernorGeneral may make regulations for the purpose of sections 6 and 7 of the Act.

Section 7(1) of the Act provides that the rate of charge in respect of the provision of an export inspection service at an establishment, is such rate, calculated by reference to time, as is applicable under the regulations to that establishment or to that class of establishments in which the establishment is included. Section 7(2) of the Act provides that the rate of charge in respect of the provision of an external export inspection, is such rate, calculated by reference to time, as is applicable under the regulations to the prescribed commodity in relation to which the service is provided.

The Export Inspection (Service Charge) Regulations (the Regulations) impose charges for the provision of certain export inspection services. Establishments that are registered to prepare fish and dairy foods for export are inspected to ensure that these establishments, and the food they prepare, comply with the Export Control Act 1982 including the requirements of importing countries.

The purpose of the Export Inspection (Service Charge) Amendment Regulations 2001 (No. 1) is to specify the charges for an inspection service provided by an authorised officer in determining whether prescribed commodities in particular cases may be exempted from complying with an order, or orders, made under the Export Control Act 1982 under specified circumstances.

These circumstances would include exceptional circumstances, special commercial circumstances as well as where it can be shown that alternative requirements, standards, procedures or operations will achieve the same outcome as compliance with the order, or orders. As an example, an exemption to comply with certain orders relating to trade description matters, may be granted where it can be shown that the exporter is testing a new market by exporting the product as a trade sample.

The Regulations reflect the agreement reached between the Government and the dairy industry about charges imposed by the dairy program of Australian Quarantine Inspection Service.

The Regulations commence on gazettal.

Details of the amendment are set out below.

Regulation 1 provides that the regulations are named the Export Inspection (Service Charge) Amendment Regulations 2001 (No. 1).

Regulation 2 provides that regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Export Inspection (Service Charge) Regulations.

Schedule 1

Item 1 amends the name of the Regulations.

Item 2 extends the definition of Export Control Orders to include all orders made under the Export Control Act 1982

Item 3 inserts a new definition of an export inspection service at an establishment.

Item 4. Order 12 of the Prescribed Goods General Orders 1985 provides that the Secretary of the Departments of Agriculture, Fisheries and Forestry (the Secretary) may specify in writing, orders that are not to apply to goods under specified circumstances. Item 4 provides that a charge is payable for the export inspection service provided by an authorised officer in determining whether such an instrument should be granted.

Item 4 also sets out that a charge is payable for determining whether an exemption may be given under subclause 6.1 of schedule 7 and subclause 6.1 of schedule 8 of the Export Control (Processed Food) Orders. Under these Orders the Secretary may specify by instrument in writing, orders that are not to apply to registered establishments under approved quality assurance arrangements where it can be shown that alternate requirements, standards, procedures or operations will achieve the same outcome as compliance with the orders. The charge is specified in the regulations.