Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the authority of the Minister of State for Primary Industries and Energy

Export Inspection (Service Charge) Act 1985

Export Inspection (Service Charge) Regulations (Amendment)

Section 9 of the Export Inspection (Service Charge) Act 1985 (the Act) provides that the Governor-General may make regulations, not inconsistent with this Act, for the purposes of imposing charges and prescribing the rates of charge for export inspection service under the Act and exempting classes of requesters from charges.

The Export Inspection (Service Charge) Regulations (the Regulations) prescribe the commodities on which charges are imposed for the provision of inspection services and set charge rates payable by the users of inspection services provided under the Export Control Act 1982 by the Australian Quarantine and Inspection Service (AQIS).

The Export Inspection (Service Charge) Regulations (Amendment) amends the Regulations by

       amending regulation 4

       omitting subregulations 5 (1) and (2)

       inserting new regulation 5

       amending regulation 6

Each of these changes is described below under the respective headings.

Imposition of Charges

Previously, an inspection service charge was applicable to dairy produce, dried tree fruit (other than prunes), dried vine fruits, fish, eggs and processed fruits and vegetables.

Regulation 4 - amended to combine both dried tree fruit and dried vine fruit as one commodity, dried fruits, and to include prunes (which were previously exempt) as part of dried fruits.

Rates of Charge

Service charges in the past were determined on the basis of the commodity being inspected. AQIS is progressively offering a wider range of inspection options. It is seen as appropriate that charges should be determined by reference to the costs of providing a particular type of inspection without regard to the commodity involved. Quality assurance arrangements, and Food Processing Accreditation under the Processed Foods Orders to be made under the Export Control Act 1982, are expected to result in reductions in AQIS costs of providing inspection under those schemes. The amendments to the Regulations focus on AQIS' decision to charge for service on the basis of process as opposed to commodity.

Regulation 5(1) - omitted to withdraw previous charging rates based on commodities.

Regulation 5(2) - omitted the definitions of "prescribed monthly aggregate" and "prescribed period" which are no longer necessary under the new charging structure.

Regulation 5 - inserted to provide new rates of charge for service.

Exemption from charges

Previously, establishments registered for operations associated with the preparation of dairy produce were exempt from the service charge.

Regulation 6 - amended to withdraw the exemption of the service charge from dairy products. This exemption has been withdrawn to complement other measures designed to treat the production of all commodities on a similar basis.

Exemption from Orders made under the Export Control Act 1282

Exporters can, in some circumstances, be exempted from specific requirements of Orders made under the Export Control Act 1982. To recover costs associated with processing exemptions, a charge on applications for exemption has been created. The progressive nature of the charge reflects the high costs in processing the applications from frequent users of the exemption provision, and acts as a deterrent to such use.

Regulation 6 - amended to provide for the rates of charge for each determination by an authorised officer of an application for exemption under the Prescribed Goods (General) Orders.

The proposed Regulations would commence on 1 August 1992.

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