Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION (SERVICE CHARGE) REGULATIONS (AMENDMENT) 1996 NO.192

STATUTORY RULES 1996 No. 192

Issued by the authority of the Minister 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 for the purposes of sections 6 and 7 of the Act Section 6 provides that a charge is imposed on the provision of an export inspection service at an establishment, being an establishment that, at the time the service is provided, is registered for operations associated with the preparation of a prescribed commodity specified in the regulations. Section 6 also provides that a charge is imposed in an external export inspection service that is provided in relation to a prescribed commodity specified in the regulations.

Section 7 provides that the rate of charge in respect of the provision of an export inspection service at an establishment is such rate, calculated by reference to time, as is applicable under the regulations to that establishment or to the class of establishments in which the establishment is included. Further, Section 7 provides that the rate of charge in respect of the provision of an external export inspection service is such rate, calculated by reference to time, as is applicable under the regulations to the prescribed commodity in relation to which the service is provided.

The Export Inspection (Service Charge) Regulations (the Regulations) prescribe commodities and the service charges payable by an establishment that is registered for operations associated with the preparation of those commodities for export.

The purpose of the Export Inspection (Service Charge) Regulations (Amendment) is to increase the fee for service for export inspection in relation to dried fruit from $35 to $52.50 for each quarter hour after the initial half hour. The initial half hour rate of $105 has been maintained at its existing level.

The increase in quarter hour fee for service rate for the dried fruit program is required to enable export inspection costs to be fully recovered in 1996/97. In 1995/96, the program significantly under-recovered due to the failure of activity levels to reach those estimated at the start of the year by industry.

As part of the savings announced by the Government in the 1996/97 Budget, Community Service Obligation (CSO) funding in the program has been reduced by $20,000. A CSO is an activity that is either undertaken in response to a Government requirement, intended to result in a community or social service, or where no identifiable end-user exists from whom the cost can be recovered.

Given this reduction and the activity levels estimated by industry for 1996/97, a fee increase is required. Industry has endorsed the fee increase.

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

Regulation 1 - Commencement

Subregulation 1.1 provides that the Regulations as amended will commence on 1 September 1996.

Regulation 2 - Amendment

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

Regulation 3 - Rates of Charge

Subregulation 3.1 provides for an increase in the fee for service rate for the provision of an export inspection service at an establishment relating to dried fruit, from $35 to $52.50 for each quarter hour after the initial half hour.

Subregulation 3.2 provides for an increase in the fee for service rate for the provision of an external export inspection service relating to dried fruit, from $35 to $52.50 for each quarter hour after the initial half hour.