Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION (QUANTITY CHARGE) REGULATIONS (AMENDMENT) 1995 NO. 256

STATUTORY RULES 1995 No. 256

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

Export Inspection (Quantity Charge) Act 1985

Export Inspection (Quantity Charge) Regulations (Amendment)

Section 10 of the Export Inspection (Quantity Charge) Act 1985 (the Act) provides that the GovernorGeneral 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, and, in particular, exempting a class or classes of a prescribed commodity from charge, and prescribing different rates of charge in respect of different classes of prescribed commodity.

The Export Inspection (Quantity Charge) Regulations (the Regulations) prescribe quantity charges payable by persons in whose name an export permit is issued under the Export Control Act 1982 by the Australian Quarantine and Inspection Service. The quantity charges are part of the mix of charges agreed by industry to recover the costs of providing export inspection services.

The purpose of the Export Inspection (Quantity Charge) Regulations (Amendment) is to repeal Statutory Rules 1995 No 170 and remake the Regulations. The need to make amending Regulations is due to the primary Act being incorrectly cited in Statutory Rules 1995 No 170, which could lead to doubt about the validity of the Regulations. Although legal advice supports the validity of the Regulation, the amendment has been remade and the flawed Statutory Rules repealed to avoid all doubt. The retrospectivity of the amendment does not offend against subsection 48 (2) of the Acts Interpretation Act 1901.

The Regulations lower the quantity charge for dairy produce from $1.35 to 40 cents per tonne, for bulk grain from 22.3 cents to 7.4 cents per tonne and for containerised grain from $5.00 to $4.50 per tonne. The fee reductions are the result of cost reductions and projected increased export activity. The costs reductions are directly due to the decrease in operating costs of the Australian Quarantine and Inspection Service. The fee reductions have been endorsed by the respective industry representative groups.

The Export Inspection (Quantity Charge) Regulations (Amendment) amends the Regulations as follows:

Regulation 1 - Commencement

Subregulation 1.1 provides that the Regulations as amended will commence on 1 July 1995.

Regulation 2 - Amendment

Subregulation 2.1 provides that the Regulations are amended as set out in the Export Inspection (Quantity Charge) Regulations (Amendment).

Regulation 3 - Schedule (Rates of Charge)

Subregulation 3.1 provides that the existing schedule is replaced with an amended schedule. The proposed schedule sets a quantity charge for dairy produce of 40 cents per tonne, for bulk grain of 7.4 cents per tonne, and for containerised grain of $4.50 per tonne.

Regulation 4 - Repeal of Statutory Rules 1995 No. 170

Subregulation 4.1 provides for the repealing of Statutory Rules 1995 No. 170.