Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION (CHARGES COLLECTION) REGULATIONS (AMENDMENT) 1992 NO.251

STATUTORY RULES 1992 No. 251

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

Export Inspection (Charges Collection) Act 1985

Export Inspection (Charges Collection) Regulations (Amendment)

Section 17 of the Export Inspection (Charges Collection) Act 1985 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Export Inspection (Charges Collection) Regulations (the Regulations) prescribes various machinery provisions relating to the collection and payment of fees for inspection services provided under the Export Control Act 1982 by the Australian Quarantine and Inspection Service (AQIS).

The Export Inspection (Charges Collection) Regulations (Amendment) amends the regulations by making all attendances by authorised officers of AQIS chargeable attendances, giving AQIS the authority to request payment in advance in limited circumstances, prescribing offices where the charges may be paid, and by amending the particulars to be included in a return from an exporter.

The proposed regulations would commence on 1 August 1992.

The proposed regulations amends the Regulations by

•       omitting regulation 2A

•       omitting regulation 2AA

•       inserting new regulation 2A

•       amending regulation 2B

•       inserting new regulation 2C

•       omitting regulation 3A

•       omitting subregulation 3B(2)

•       amending regulation 3C

•       inserting new subregulation 3C(2)

•       inserting new regulation 3D

•       omitting regulation 6

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

Attendance by Officers

Previously not all attendances by authorised officers were chargeable under the Regulations. Consistent with the Government's directive that AQIS recover from users 100% of its costs, all attendances by AQIS officers are to be chargeable.

Regulation 2A - omitted to make all attendances by authorised officers chargeable under the Act.

Prescribed Offices for payment of Charges

Section 5 of the Act requires that the payment of quantity charges, service charges or establishment registration charges are to be made at one of the offices of the Department prescribed for that purpose.

Regulation 2AA - omitted to delete the list of offices of the Department prescribed for the collection of payment of the quantity, service and establishment registration charges as the list is no longer relevant, as offices in Darwin and Hobart have been closed.

Regulation 2A- inserted to include the updated list of those offices of the Department prescribed for the collection of payment of the quantity, service and establishment registration charges.

Payment of Charges

AQIS is developing a commercial approach to the management of debt, including limits on provision of credit to its clients. In order to reduce the level of bad debts, AQIS proposes to require payment in advance, or at the time of service delivery and prior to release of goods or documents, for all but regular clients with a good record of payment on time.

Regulation 2B - amended to give AQIS the authority to:

•       require charges incurred under the Export Inspection (Quantity Charge) Act 1985 to be paid before or at the time of service.

•       require charges incurred under the Export Inspection (Service Charge) Act 1985 to be paid before or at the time of service.

•       require charges for application for registration of an establishment (or transfer of registration) to be paid at the time of making the application.

The fees on application or transfer of registration meet the costs of processing, examining and determining that application or transfer. Consequently, regulation 2B(2) provides that no refund of this charge is to be made regardless of the outcome of the application.

Particulars to be included in Returns

In the past exporters have been required to lodge a monthly return in respect of all service charges and quantity charges. This requirement has been simplified by requiring only that summaries of data relating to the quantity of commodities exported be provided at the actual time of service delivery as detailed under new regulation 3D. This amendment should ease the record-keeping burden for exporters.

Regulation 3 - amended to apply to those commodities other than processed foods.

Regulation 3A - omitted as returns for service charge are no longer needed, as fees for service are charged at time of service.

Regulation 3B - amended to require the exporter to sign the returns, as the exporter is the one who is charged for the service.

Regulation 3C - amended to omit the due date of fee for service returns in respect of processed foods inspection fees as returns for those service charges are no longer necessary.

Subregulation 3C(2) - inserted to provide that regulation 3C applies only to those commodities not covered by new regulation 3D.

Regulation 3D - inserted to specify the details which exporters are to supply at the time that any service resulting in the issue of documentation (such as export permits) in respect of processed foods is requested.

Refund of Charges

AQIS will not refund charges in the future. The refunds which previously existed have been omitted to reflect that.

Regulation 6 - omitted to withdraw the refund of establishment registration charge previously available to registered occupiers of establishments.