Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION (QUANTITY CHARGE) AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 240 OF 2011)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2011 No. 240

 

Issued by the Minister for Agriculture, Fisheries and Forestry

 

Export Inspection (Quantity Charge) Amendment Regulations 2011 (No. 1)

Export Inspection (Quantity Charge) Act 1985

 

Legislative Authority

 

The Export Inspection (Quantity Charge) Act 1985 ('the Act') imposes a charge on the inspection of certain commodities intended for export. The charge is calculated based upon the quantity of the prescribed commodity for which an export permit is granted. 

 

Subsection 7(1) of the Act provides that the rates of charge in respect of a prescribed commodity 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 commodities.

 

Section 10 of the Act provides, in part, 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 Export Inspection (Quantity Charge) Regulations 1985 (the Principal Regulations) currently provide the rates of charge for prescribed commodities, for the purposes of subsection 7(1) of the Act. 

 

Purpose

 

The purpose of the Export Inspection (Quantity Charge) Amendment Regulations 2011 (No. 1) (Amendment Regulations) are to amend the Export Inspection (Quantity Charge) Regulations 1985 to provide the rate of charge for export of grain as 11 cents for each tonne or part of a tonne.

 

Consultation

 

Since 2001 the Australian Government has provided a 40 percent contribution towards the cost of providing export inspection and certification services to the meat, grain, fish, dairy, live animal, horticulture and organic export industries. In November 2009 the Government announced an Export Certification Reform Package (ECRP) of $127.4 million over a nineteen month period to 30 June 2011.  The aim of the package was to:

 

Joint Industry-AQIS Ministerial Taskforces (MTFs) for the dairy, fish, grain, horticulture, live animal and meat export industries were set up to deliver the reforms.

 

All relevant industry groups have been consulted through AQIS Grain Industry Consultative Committee (AGICC) and the Joint AQIS - Grain Industry Ministerial Task Force.

 

The AGICC consists of representatives from key industry sectors, AWB Ltd, ABB Grain Ltd, Craig Mostyn Group, Viterra, Australian Seed Federation, National Agricultural Commodities Marketing Association, Australian Oilseeds Federation, Sunrice, GrainCorp Operations Ltd, Australian Fodder Industry Association, Australian Cotton Seed Industry Association, Pulse Australia Ltd, CBH Group and Grain Pool Pty Ltd.

 

The Joint AQIS - Grain Industry Ministerial Task Force consists of representatives from Grain Trade Australia, Australian Grain Exporters Association, Australian Oilseeds Federation, Gerard McMullen Consulting, GrainCorp Operations Ltd, Pulse Australia, Australian Cotton Seed Industry, Grain Pool Pty Limited, CBH Group, Grain Producers Australia, AWB Ltd, Sunrice, Australian Fodder Association, Australian Nut Industry Council, Viterra, National Grains Australia and the Australian Seed Federation.

 

The Office of Best Practice Regulation (OBPR) was consulted in relation to the proposed amendments and a regulatory impact statement is not required.  A Cost Recovery Impact Statement has been prepared and approved by the Department of Finance and Deregulation. 

 

Details

 

Regulation 1

 

This regulation provides that the name of the Regulations is the Export Inspection (Quantity Charge) Amendment Regulations 2011 (No. 1).

 

Regulation 2

 

This regulation provides that the Regulations commences on a day to be notified by the Minister in the Gazette.

 

Regulation 3

 

This regulation provides that Schedule 1 amends the Export Inspection (Quantity Charge) Regulations 1985.

 

Schedule 1

 

Item 1 substitutes regulations 2 and 3 for a new regulation 2, which provides the rate of charge for grain as 11 cents for each tonne or part of a tonne.

 

Item 2 omits the current Schedule 1.

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