Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION (QUANTITY CHARGE) REGULATIONS (AMENDMENT) 1994 NO. 42

STATUTORY RULES 1994 No. 42

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 a 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 (AQIS).

The purpose of the Export Inspection (Quantity Charge) Regulations (Amendment) is to amend the Regulations by removing the definition of forward contract, inserting a definition of "certification assurance arrangement", removing references to grain exported under a forward contract in items 19, 20, 21, 22, 23 and 24 of the Schedule and consolidating items 19 and 20, 21 and 22, and 23 and 24 (which have the same quantity charge), and lowering the rate of quantity charge for grain shipped in bulk (other than in a container system unit) which is prepared under a certification assurance arrangement from 38 cents per tonne to 9 cents per tonne. Details of the proposed Export Inspection (Quantity Charge) Regulations (Amendment) are as follows:

Regulation 1 - Commencement

Regulation 1 provides for regulations 3 and 4 of the Export Inspection (Quantity Charge) Regulations (Amendment) to commence on 9 November 1993.

Retrospective commencement of regulations 3 and 4 does not contravene subsection 48(2) of the Acts Interpretation Act 1901 because the reduction in quantity charge for grain shipped for export in bulk (other than in a container system unit) which is prepared under a certification assurance arrangement and removal of references to grain forwarded under a forward contract and consolidation of similar items having the same quantity charge does not disadvantage the rights of any person or impose liability.

The reduced charge for grain shipped for export in bulk (other than in a container system unit) which is prepared under a certification assurance arrangement has been made retrospective to pass the benefits of the reduced costs of inspection to companies that recently adopted certification assurance arrangements.

The remainder of the proposed Regulations will commence on gazettal.

Regulation 2 Amendment

Regulation 2 provides that the Regulations are amended as set out in the Export Inspection (Quantity Charge) Regulations (Amendment).

Regulation 3 - Regulation 2 (Interpretation)

Subregulation 3.1 omits the definition of "forward contract".

Subregulation 3.2 inserts the definition of "certification assurance arrangement". A "certification assurance arrangement" is a quality assurance based system for preparation of horticultural produce approved by AQIS whereby AQIS monitors the standard of implementation of the system of preparation of the produce. Monitoring of the system of preparation reduces or negates the need for end-point inspection of the produce by AQIS inspectors.

Regulation 4 - Schedule (Rates of Charge)

Subregulation 4.1 omits items 19 and 20 of the Schedule and substitutes items 19 and 20. Proposed item 19 sets a quantity charge for grain shipped for export in bulk (other than in a container system unit) which is not prepared for export under a certification assurance arrangement of 38 cents per tonne. Proposed item 20 sets a quantity charge for grain shipped for export in bulk (other than in a container system unit) which is prepared for export under a certification assurance arrangement of 9 cents per tonne.

Subregulation 4.2 omits the reference to grain exported under a forward contract in item 21 of the Schedule.

Subregulation 4.3 omits item 22 of the Schedule.

Subregulation 4.4 omits the reference to grain exported under a forward contract in item 23 of the Schedule.

Subregulation 4.5 omits item 24 of the Schedule.