Commonwealth Numbered Regulations - Explanatory Statements

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IMPORTED FOOD CONTROL REGULATIONS (AMENDMENT) 1995 NO. 269

STATUTORY RULES 1995 No. 269

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

Imported Food Control Act 1992

Imported Food Control Regulations (Amendment)

Section 43 of the Imported Food Control Act 1992 (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.

The Imported Food Control Regulations (the Regulations) prescribe what fees are payable for chargeable services and when a fee must be paid for analysis of food under the Act.

The purpose of the Imported Food Control Regulations (Amendment) is to introduce a new a charge for time spent by an inspector in processing and manually lodging a documentary import entry, overtime charges for services performed outside ordinary hours of duty, and charges for the making of import entries.

The new charges are necessary due to rationalisation of the Australian Quarantine and Inspection Services Imported Food and Import Clearance programs. The new charges bring the Imported Food charges into line with those in the Import Clearance program. The new fees have been endorsed by the representative industry group and mean significantly reduced inspection fees for food importers.

The Imported Food Control Regulations (Amendment) amends the Regulations as follows:

Regulation 1- Amendment

Subregulation 1.1 provides that the Regulation are amended as set out in the Imported Food Control Regulations (Amendment).

Regulation 2 - Fees Payable for Chargeable Services

Subregulation 2.1 omits the existing Regulation 33 and substitutes a revised Regulation that details what fees are payable for chargeable services. The chargeable services prescribed have been expanded to include services performed outside of ordinary hours of duty.

Regulation 3 - Prescribed Chargeable Service - Lodgment of Import Entry

Subregulation 3.1 provides for the inclusion of a Regulation which specifies a new chargeable service. The new Regulation 36 defines the service of making an import entry as a chargeable service.

Regulation 4 - Schedule (Rates of Charge)

Subregulation 4.1 amends the existing Schedule to include rates of charge for time spent by an inspector in processing and manually lodging a documentary import entry, overtime charges for services performed outside ordinary hours of duty, and documentation charges for the making of import entries.