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EXPORT INSPECTION (SERVICE CHARGE) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 30
STATUTORY RULES 2004 NO 30
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Inspection (Service Charge) Act 1985
Export Inspection (Service Charge) Amendment Regulations 2004 (No. 1)
Section 9 of the Export Inspection (Service Charge) Act 1985 ("the Act") provides that the Governor-General may make regulations for the purpose of sections 6 and 7 of the Act.
Section 3 of the Act provides that the Export Inspection and Meat Charges Collection Act 1985 (the "Inspection Act") shall be read as one with the Act.
Section 6 of the Act provides for the imposition of charges to be prescribed in the regulations for the provision of export inspection services (at establishments registered for the preparation of prescribed commodities) and external export inspection services (for prescribed commodities). The term "external export inspection service" is defined in the Inspection Act to mean an export inspection service that is provided at a place other than an establishment.
Section 7 of the Act provides for the charge rate for export inspection services and external export inspection services to be prescribed by reference to the time taken to perform such inspections.
Section 3 of the Inspection Act defines the term "prescribed commodity" to include dairy produce, eggs, fish, fruit products and vegetable products.
Regulation 5 of the Export Inspection (Service Charge) Regulations 1985 (the "Principal Regulations") currently prescribes separate charge rates for the inspection of dairy products and the inspection of fish, eggs and processed fruit and vegetables.
The purpose of the amendments is to revoke the charges set out in the Principal Regulations for export inspection services and external export inspection services for fish, eggs and processed fruit and vegetable products so that these charges can be located in the Export Control (Fees) Orders 2001 along with other service fees for fish, eggs and processed fruit and vegetable products. The charges prescribed for the inspection of dairy products would remain unchanged.
Details of the Regulations are set out below.
Regulation 1 will provide that the Regulations are named the Export Inspection (Service Charge) Amendment Regulations 2004 (No. 1).
Regulation 2 will provide that the Regulations commence on gazettal.
Regulation 3 will provide that Schedule 1 of the Regulations amends the Export Inspection (Service Charge) Regulations 1985.
Schedule 1 - Amendments
Item 1 Subregulations 5 (1) and (2) will be substituted by an amended subregulation which refers only to dairy products. That is, reference to fish, eggs and processed fruit and vegetable products will be deleted as the charge rate for inspection services for these commodities is to be transferred to Export Control (Fees) Orders 2001 made under the Export Control (Orders) Regulations 1982. The transfer from the Regulations to the Orders will consolidate Fee for Service charges for these commodities within a single piece of legislation.