Commonwealth Numbered Regulations - Explanatory Statements

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IMPORTED FOOD CONTROL REGULATIONS (AMENDMENT) 1996 NO. 194

STATUTORY RULES 1996 No. 194

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 he 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 increase the fees payable for services performed during ordinary hours of duty. It is proposed to increase by 20% the fees payable for the inspection of food, the assessment of information for inclusion in a food control certificate, the supervision of treatments of food and the processing of an import entry.

Imported Foods services are provided by the Australian Quarantine and Inspection Service (AQIS) under the Import Clearance program. As part of the savings announced by the Government in the 1996/97 Budget, Community Service Obligation (CSO) funding in the Import Clearance program has been reduced by $1.222m. 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.

The combined effect of the CSO reductions, reduced industry activity levels and maintenance of the costs needed to fund existing infrastructures to service industry, require the fees to be increased.

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

Regulation 1 - Amendment

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 Imported Food Control Regulations (Amendment).

Regulation 3 - Schedule 2. Part 1 (Fees for services performed during ordinary hours of duty)

Subregulation 3.1 replaces the previous Item 1 with a new Item which increases fees relating to the inspection of food. The charge rates for services performed during ordinary hours of duty have been increased from $531 to $637 for each full day, from $60 to $72 for the first half hour and from $30 to $36 for each subsequent quarter hour.

Subregulation 3.2 increases the charge for the assessment of information for inclusion in a food control certificate that is provided in relation to a consignment of food to which a recognised foreign government certificate relates. The charge increases from $25 to $30 for each consignment.

Subregulation 3.3 increases the charge for the assessment of information for inclusion in a food control certificate that is provided in relation to a consignment of food where a recognised foreign government certificate does not apply. The charge increases from $25 to $30 for each consignment.

Subregulation 3.4 replaces Item 4 and 5 of the Schedule. The revised items increase the charges payable for the supervision of the treatment, destruction or re-exportation of food and for the making of an import entry. The charges for supervisions increase from $60 to $72 for the first half hour and from $30 to $36 for each subsequent quarter hour. Charges for the making of an import entry under the AQIS Import Management System increase from $5 to $6 and an entry of any other kind from $10 to $12.