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2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
EXPORT LEGISLATION AMENDMENT BILL 2014
EXPORT INSPECTION (QUANTITY CHARGE) AMENDMENT BILL 2014
EXPORT INSPECTION (SERVICE CHARGE) AMENDMENT BILL 2014
EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES)
AMENDMENT BILL 2014
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Agriculture,
the Hon. Barnaby Joyce MP)
Export Legislation Amendment Bill 2014
Export Inspection (Quantity Charge) Amendment Bill 2014
Export Inspection (Service Charge) Amendment Bill 2014
Export Inspection (Establishment Registration Charges) Amendment Bill 2014
General Outline
The four Bills amend the following Acts:
Australian Meat and Live-stock Industry Act 1997
Export Control Act 1982
Export Inspection and Meat Charges Collection Act 1985
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Service Charge) Act 1985
Export Inspection (Establishment Registration Charges) Act 1985
Imported Food Control Act 1992
The amendments will remedy technical defects in these Acts and facilitate
appropriate and equitable cost recovery for the performance of certain export
services by the Department of Agriculture.
The Export Control Act 1982 (Export Control Act) provides the basis for ensuring
that exports meet requirements of importing countries. The Export Control Act and
the Export Inspection Meat Charges and Collection Act 1985 (Collection Act)
provide the Department with the authority to provide regulatory services to exporters
of `prescribed goods' and--consistent with the Australian Cost Recovery
Guidelines--to collect costs from exporters for services carried out in relation to
these goods, these charges are imposed by three Imposition Acts.
The Export Control Act sets out a very broad definition for `prescribed good', this is
further defined in the various Orders which allows the Department to carry out
export certification and regulatory services for those goods.
However, the Collection Act, which allows the Department to collect charges for
regulatory services carried out under the Export Control Act, is very prescriptive and
unless the good is listed in the Collection Act, there is no legislative power to collect
the relevant charges for the regulatory services.
The Export Control (Plants and Plant Products) Order 2011 and Export Control
(Wild Game Meat and Wild Game Meat Products) Orders 2010 prescribe a number
of goods whose definitions are not included in the Collection Act.
Due to inconsistent definitions between the Collection Act and prescribed goods for
the purposes of the Export Control Act, the Department is unable to recover
registration charges for establishments and export inspection service charges for
those goods.
2
The Export Legislation Amendment Bill 2014
The Export Legislation Amendment Bill 2014 will remove definitional
inconsistencies between the Collection Act and the Export Control Act and ensure
that the definition of `prescribed good' in the Collection Act has the same meaning
as in the Export Control Act. These amendments will ensure consistent cost recovery
for services provided by the Department to exporters.
The Bill will also amend the Australian Meat and Live-stock Industry Act 1997
(AMLI Act) to enable the Department to recover costs relating to the provision of
services, such as issuing quota certificates, for export quota that is administered by
other countries.
The Bill does not create a fee for issuing quota certificates. It enables delegated
legislation to be made setting out the fees. Any fees relating to issuing quota
certificates will be subject to a cost recovery impact statement process and
consultation with relevant industries.
The Bill will also make minor amendments to:
correct a referencing error in section 10E of the Export Control Act relating
to issuing a warrant by telephone, facsimile or electronically
the Imported Food Control Act 1992 (Import Food Control Act) and the
Collection Act to reflect the retirement of the Australian Quarantine
Inspection Service (AQIS) brand.
Export Inspection (Quantity Charge) Amendment Bill 2014
Export Inspection (Service Charge) Amendment Bill 2014
Export Inspection (Establishment Registration Charges) Amendment Bill 2014
The Collection Act contains administrative provisions for the Department to collect
charges imposed by three Imposition Acts (Export Inspection (Quantity Charge) Act
1985, Export Inspection (Service Charge) Act 1985 and Export Inspection
(Establishment Registration Charges) Act 1985) for export related services carried
out under the Export Control Act.
As these Acts are incorporated and read as one with the Collection Act,
consequential amendments are required to ensure consistency with the amended
Collection Act.
The three Imposition Acts will be amended by three separate Bills as they relate to
charges within the meaning of section 55 of the Constitution.
Financial Impact Statement
The proposed amendments to the Collection Act and the three Imposition Acts (and
corresponding amendments to delegated legislation) will enable the Department to
recover approximately $1.9 million per annum for exporters of cut flowers, dried fruit,
fodder, nursery stock, nuts, seed, timber products, tissue culture, and rabbit and ratite
meat for the provision export services.
The proposed amendments to the AMLI Act will not impose any financial or
regulatory impact as the amount of the quota fee will be detailed in delegated
legislation.
3
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Export Legislation Amendment Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
The Bill will remedy technical defects in the Export Control Act 1982, Export
Inspection and Meat Charges Collection Act 1985 and the Imported Food
Control Act 1992 and facilitate appropriate and equitable cost recovery for the
performance of export services by the Department of Agriculture (Department).
The Bill will amend the Australian Meat and Live-stock Industry Act 1997 to enable
the Department to recover costs relating to quota arrangements administered by other
countries.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms as the amendments
are minor and technical in nature.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Minister for Agriculture,
the Hon. Barnaby Joyce MP
4
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Export Inspection (Quantity Charge) Amendment Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
The Bill amends the Export Inspection (Quantity Charge) Act 1985. It is part of
a package that will align the definitions in the Export Inspection and Meat
Charges Collection Act 1985 with the definitions in the Export Control
Act 1982 to facilitate appropriate and equitable cost recovery for the
performance of export services by the Department of Agriculture.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms as the amendments
are minor and technical in nature.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Minister for Agriculture,
the Hon. Barnaby Joyce MP
5
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Export Inspection (Service Charge) Amendment Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
The Bill amends the Export Inspection (Service Charge) Act 1985. It is part of a
package that will align the definitions in the Export Inspection and Meat
Charges Collection Act 1985 with the definitions in the Export Control
Act 1982 to facilitate appropriate and equitable cost recovery for the
performance of export services by the Department of Agriculture.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms as the amendments
are minor and technical in nature
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Minister for Agriculture,
the Hon. Barnaby Joyce MP
6
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Export Inspection (Establishment Registration Charges) Amendment Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
The Bill amends the Export Inspection (Establishment Registration Charges)
Act 1985. It is part of a package that will align the definitions in the Export
Inspection and Meat Charges Collection Act 1985 with the definitions in the
Export Control Act 1982 to facilitate appropriate and equitable cost recovery for
the performance of export services by the Department of Agriculture.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms as the amendments
are minor and technical in nature.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Minister for Agriculture,
the Hon. Barnaby Joyce MP
7
EXPORT LEGISLATION AMENDMENT BILL 2014
NOTES ON CLAUSES
Clause 1 Short title
This clause provides for the short title of the Act to be the Export Legislation
Amendment Act 2014.
Clause 2 Commencement
This clause provides for the Act to commence on the day it receives the Royal Assent.
Clause 3 Schedule(s)
The clause provides that Australian Meat and Live-stock Industry Act 1997, Export
Control Act 1982, Export Inspection and Meat Charges Collection Act 1985 and the
Imported Food Control Act 1992 are amended as set out in the applicable items in the
Schedule.
Schedule 1--Amendments
Australian Meat and Live-stock Industry Act 1997 (AMLI Act)
Item 1
This item inserts a new definition of the word `quota' in section 3 of the AMLI Act
which gives quota the same meaning as in the Australian Meat and Live-stock
(Quotas) Act 1990 (Quota Act).
The Quota Act provides the Secretary may impose a limitation on the total quantity of
goods, or a specified class of goods, that may be exported to a specified country. The
secretary may grant a quota authorising the holder(s) to make a specified proportion
of those exports.
This definition gives effect to the addition of a new subsection 17(3) made by item 2
relating to power for the Department to collect or waive fees for services provided to
exporters of goods such as issuing quota certificates, who export under quota
arrangements for which Australia does not allocate or manage the quota.
Item 2
This item inserts a new paragraph 17(3)(c) at the end of subsection 17(3) of the AMLI
Act. New paragraph 17(3)(c) provides that an order made under section 17 of the
AMLI Act may require payment or waiver of a fee if the power or performance of a
duty or exercise of a power relates to a consignment for export other than in
accordance with a quota under this legislation.
This item addresses the current limitation where the department cannot charge for
administration services that are undertaken in meeting importing country requirements
for quota arrangements that Australia does not allocate or manage. For example, the
European Union (EU) requires the Department to provide quota certificates to
exporters accessing the EU high quality grain fed beef quota. As Australia does not
manage this quota, it is unable to recover costs for issuing quota certificates.
8
The purpose of this amendment is to allow the Department to recover costs for
performing services relating to some quotas used to access overseas markets, where
the quota is allocated by the importing country but certified by the Department.
Item 3
This item provides that that the amendments made by item 2 only apply in relation to
fees payable for powers exercised, or duties performed, on or after the first day of the
first financial year on or after commencement of item 2.
Commencing at the start of the financial year will enable exporters to plan ahead and
transition to the new cost recovery arrangements for export services carried out by the
Department in relation to international quota arrangements.
Export Control Act 1982 (Export Control Act)
Item 4
This item substitutes the reference to section 10F in subsection 10E(7) of the Export
Control Act with a reference to section 10G.
The purpose of the amendment is to correct a typographical error.
Export Inspection and Meat Charges Collection Act 1985 (Collection Act)
Item 5
This item repeals the following definitions in subsection 3(1) of the Collection Act:
`animal reproductive material', `dairy produce', `dried fruit', `dried fruit product',
`edible game offal', `egg product' and `eggs'.
The purpose of this amendment along with items 8 and 12 is to remove the definitions
of all the prescribed commodities listed in the Collection Act. These definitions are no
longer required as the definition of `prescribed commodity' will be repealed by this
Bill (see item 10) and replaced with a definition of `prescribed good' (see item 11)
which will align the definitions in the Collection Act with the Export Control Act.
Item 6
This item substitutes the words `prescribed commodities' in the definition of
`establishment' in subsection 3(1) of the Collection Act with `prescribed goods'.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
items 10 and 11.
Item 7
This item substitutes the definition of `exporter' in subsection 3(1) of the Collection
Act with a new definition. The only change to the definition is substituting the words
`prescribed commodities' with `prescribed goods'.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
items 10 and 11.
9
Item 8
This item repeals the following definitions in subsection 3(1) of the Collection Act:
`fish', `fish product', `fruit juice', `fruit product', `game animal', `game meat', `game
meat product', `grain', `meat' and `meat product', `milk product', `poultry', `poultry
meat' and `poultry meat product'.
The purpose of this amendment is to align the definitions in Collection Act with the
Export Control Act and its purpose is consistent with items 5 and 12.
Item 9
This item substitutes each mention of the words `prescribed commodities' in the
definition of `preparation' in subsection 3(1) of the Collection Act, with `prescribed
goods'.
The purpose of this amendment is to update references to `prescribed commodity'
with references to `prescribed goods' consistent with the amendments made by
items 10 and 11.
Items 10 and 11
These items repeal the definition of `prescribed commodity' in subsection 3(1) of the
Collection Act and replace it with a new definition of `prescribed good' in
subsection 3(1) of the Collection Act. The definition of `prescribed good' will provide
that a prescribed good for the purposes of the Collection Act is a `prescribed good'
within the meaning of the Export Control Act.
The purpose of these amendments is to align the definitions of `prescribed good' in
Collection Act with the Export Control Act. This will ensure consistency across the
export legislation framework so that a prescribed good for the purposes of the Export
Control Act will also be a prescribed good for the purposes of the Collection Act. As
a consequence of these amendments, the definitions of all commodities in the
Collection Act can be repealed (items 5, 8 and 12).
The amendments will make the Collection Act more flexible and allow the
Department to recover costs for carrying out export services in relation to goods
prescribed for the purposes of the Export Control Act.
Aligning the definitions in the Collection Act with the Export Control Act will enable
consistency with current cost-recovery policies and practices for services provided by
the Department to exporters.
Item 12
This item repeals the definitions of `rabbit', `rabbit meat', `rabbit meat product',
`vegetable juice' and `vegetable product' in subsection 3(1) of the Collection Act.
The purpose of this amendment is to align the definitions in Collection Act with the
Export Control Act and its purpose is consistent with items 5 and 8.
10
Items 13 and 14
These items substitute the words `a prescribed commodity' in
subparagraph 3A(1)(b)(ii) of the Collection Act and `the prescribed commodity' in
paragraph 3A(1)(b) of the Collection Act with `prescribed goods' and `the prescribed
goods'.
The purpose of these amendments is to update the references to `prescribed
commodity' with a references to `prescribed goods' consistent with the amendments
made by items 10 and 11.
Items 15 and 16
These items substitute the words `a prescribed commodity' and `that prescribed
commodity' in subsection 5(1) of the Collection Act with `prescribed goods'
and `the prescribed goods.'
The purpose of these amendments is to update the references to `prescribed
commodity' with a references to `prescribed goods' consistent with the amendments
made by items 10 and 11.
Item 17
This item substitutes sections 6 and 6A of the Collection Act with new sections 6 and
6A which provide that an exporter of prescribed goods must in respect of a quantity or
service charge give the Secretary a return for each month in which export permits are
granted or export inspection services are conducted in respect of the goods and that
contains the particulars prescribed by the regulations.
The information required by the Secretary in order to process a quantity charge or
service charge return is set out in the Export Inspection and Meat Charges Collection
Regulations 1985.
The purpose of this amendment is to redraft sections 6 and 6A for clarity and update
references to `prescribed commodity' with references to `prescribed goods' consistent
with the amendments made by items 10 and 11.
Item 18
This item substitutes the words `prescribed commodity shall' in subsection 9(1) of the
Collection Act with `prescribed goods must'.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
items 10 and 11.
Item 19
This item substitutes the words `that prescribed commodity' in subsection 9(1) of the
Collection Act with `the prescribed goods'.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
items 10 and 11.
11
Item 20
This item substitutes the reference to subsection 6(1) in subsection 9(1) of the
Collection Act with a reference to section 6.
The purpose of this amendment is to update the reference consistent with the
amendments made by items 17.
Item 21
This item substitutes the words `a prescribed commodity' in paragraph 12(1)(a) of the
Collection Act with `prescribed goods.'
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
items 10 and 11.
Item 22
This item substitutes the words `that prescribed commodity' in paragraph 12(1)(b) of
the Collection Act with `the prescribed goods.'
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
items 10 and 11.
Item 23
This item substitutes section 16B of the Collection Act with a new section 16B which
provides that the Secretary may delegate his powers under section 12A of the
Collection Act to an SES Employee, an acting SES Employee.
The purpose of this amendment is to reflect the retirement of the Australian
Quarantine Inspection Service (AQIS) brand. `SES Employee' is defined in the Acts
Interpretation Act 1901.
Item 24
This item substitutes the words `a prescribed commodity' in paragraph 17(c) of the
Collection Act with `prescribed goods.'
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
items 10 and 11.
Item 25
This item inserts a note at the end of section 17 of the Collection Act stating that
regulations may prescribe something by class.
The purpose of the amendment is to clarify that subsection 13(3) of the Legislative
Instruments Act 2003 applies to regulations made under the Collection Act.
12
Item 26
Subitem 26(1) provides that the amendments made by items 5, 7, 8, 10, 11, 12, 15, 16,
17, 18, 19, 20, 21, 22 and 24 apply in relation to export permits granted on or after the
first day of the first financial year starting on or after the commencement of those
items.
Subitem 26(2) provides that amendments made by items 6 and 9 apply in relation to
registrations (including renewals of registrations) made on or after the first day of the
first financial year starting on or after the commencement of those items.
Subitem 26(3) provides that amendments made by items 13 and 14 apply in relation to
export inspection services provided on or after the first day of the first financial year
starting on or after the commencement of those items.
Having these amendments apply to export permits issued, export inspection services
performed or registration or renewals made on or after the start of the financial year
will enable exporters to plan ahead and transition to any new or changed cost recovery
arrangements which may be imposed by regulation for export services carried out by
the Department in relation to `prescribed goods'.
Item 27
Subitem 27(1) provides that that this item applies to the Export Inspection and Meat
Charges Collection Regulations 1985 (the Regulations) as is in force immediately
before the commencement of the item.
Subitem 27(2) provides that the Regulations to the extent that they specify or refer to
commodities only have effect, after the commencement of this item, as if any of the
commodities that are not a prescribed goods within the meaning of the Export Control
Act are disregarded. If the commodities listed in the Regulations are not prescribed
goods, then charges cannot be collected.
Subitem 27(3) provides that subitem 27(2) does not apply to the extent that the
Regulations relate to a charge imposed by the Domestic Meat Premises Charge
Act 1993.
Subitem 27(4) provides that the Regulations have effect, after the commencement of
this item, as if a reference to prescribed commodity is a reference to a prescribed good
within the meaning of the Export Control Act.
Subitem 27(5) provides that the Regulations, to the extent that they were made for the
purposes of sections 6 and 6A of the Collection Act have effect, after the
commencement of this item, as if they were made for the purposes of that section as
amended by item 17.
The purpose of this item is to ensure that the collection functions continue in relation
to prescribed goods while the necessary amendments are made to the Regulations.
13
Imported Food Control Act 1992 (Imported Food Control Act)
Item 28
This item repeals the definition for `AQIS' in subsection 3(1) of the Imported Food
Control Act to reflect the retirement of the AQIS brand.
Item 29
This item substitutes the words `officer of AQIS' in paragraph (b) of the definition of
`authorised officer' in subsection 3(1) of the Imported Food Control Act with `an APS
employee in the Department'. APS Employee' is defined in the Acts Interpretation
Act 1901.
The purpose of this amendment is to reflect the retirement of the AQIS brand
consistent with the amendment made by item 28.
Authorised officers perform day-to-day functions under the Imported Food
Control Act such as issuing food control certificates for imported consignments and
monitoring compliance through executing monitoring warrants. It is appropriate that
these officers are at all APS levels as authorised officer receive specific training to
allow them to carry out their regulatory functions.
Item 30
This item substitutes the words `officer of AQIS' in subsection 40(1) of the Imported
Food Control Act with `an APS employee in the Department'.
The purpose of this amendment is to update references consistent with the amendment
made by item 29.
Item 31
This item replaces section 41 of the Imported Food Control Act with a new
section 41. New section 41 provides that the Secretary may, by signed instrument,
delegate any or all of the Secretary's powers under this Act to an SES employee or an
APS employee who is an Executive Level 1 or 2.
The purpose of this amendment is to reflect the retirement of the AQIS brand and is
consistent with the amendment made by items 28.
This item limits the people to which the Secretary's powers can be delegated to.
It is appropriate that that the Secretary's powers be delegated to the Executive Level 1
and 2 as some of the Secretary's powers relate to the day-to-day management of the
Imported Food Control Act, such as issuing or revoking holding orders under
section 15 and a requirement that authorised officers hand in identity cards to the
Secretary.
In addition there are a limited number of SES employees in the various regional
offices of the Department to exercise the Secretary's powers in a timely manner.
14
EXPORT INSPECTION (QUANTITY CHARGE) AMENDMENT BILL 2014
NOTES ON CLAUSES
Clause 1 Short title
This clause provides for the short title of the Act to be the Export Inspection (Quantity
Charge) Amendment Act 2014.
Clause 2 Commencement
Subclause 2(1) provides for clauses 1 to 3 of the Act to come into effect the day the
Act receives the Royal Assent. Schedule 1 will commence at the same time as the
Export Legislation Amendment Act 2014.
Subclause 2(2) provides that details of the specific dates for commencement may be
inserted and edited, in any published version of the Act.
Clause 3 Schedule(s)
The clause provides that each Act specified in a Schedule to the Act is amended or
repealed as set out in the applicable items in the Schedule, and any other item in a
Schedule has effect according to its terms.
Schedule 1--Amendments
Export Inspection (Quantity Charge) Act 1985 (Quantity Charge Act)
Item 1
This item substitutes the word `commodities' in the title of the Quantity Charge Act
with `goods'.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
item 3 below and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 2
This item substitutes the word `The' in section 3 of the Quantity Charge Act with
`Subject to section 4, the'.
The purpose of this amendment is to clarify that the Quantity Charge Act is to be read
consistently with the Collection Act, subject to the interpretation provisions in
section 4 of the Quantity Charge Act.
Item 3
This item inserts a definition of `prescribed good' into subsection 4(1) of the Quantity
Charge Act, which provides that a prescribed good for the purposes of the Collection
Act is a `prescribed good' within the meaning of the Export Control Act.
The purpose of this amendment is to align the definition of `prescribed good' in the
Quantity Charge Act with the Export Control Act, consistent with the amendment
made by item 11 of the Export Legislation Amendment Bill 2014.
15
Item 4
This item substitutes each mention of the words `a prescribed commodity' in
subsection 4(2) of the Quantity Charge Act with `prescribed goods'.
The purpose of this amendment is to update the references to `prescribed commodity'
with references to `prescribed goods' consistent with the amendments made by
item 3 above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 5
This item substitutes each mention of the words `prescribed commodity is' in
paragraph 4(2)(a) of the Quantity Charge Act with `prescribed goods are'.
The purpose of this amendment is to update references to `prescribed commodity'
with references to `prescribed goods' consistent with the amendments made by item 3
above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 6
This item substitutes the words `prescribed commodity was' in paragraph 4(2)(b) of
the Quantity Charge Act with `prescribed goods were'.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
item 3 above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 7
This item substitutes the words `prescribed commodity is' in paragraph 4(2)(c) of the
Quantity Charge Act with `prescribed goods are'.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
item 3 above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 8
This item substitutes each mention of the words `prescribed commodity' in
paragraphs 4(2)(d) and (e) of the Quantity Charge Act with `prescribed goods'.
The purpose of this amendment is to update the references to `prescribed commodity'
with references to `prescribed goods' consistent with the amendments made by
item 3 above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 9
This item replaces subsection 6(1) of the Quantity Charge Act with a new
subsection 6(1), which provides that a charge is imposed on prescribed goods for
which an export permit has been granted. The export permit may relate to other
prescribed goods on which there is no quantity charge.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed good' consistent with the amendments made by item 3
above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
16
The Export Inspection (Quantity Charges) Regulations 1985 sets out the prescribed
commodities that are subject to a quantity charge. Currently there is only a quantity
charge on grain. This amendment will not have any additional impact on the grain
industry.
Item 10
This item substitutes the words `a prescribed commodity' in subsection 6(1D) of the
Quantity Charge Act with `prescribed goods'.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
item 3 above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 11
This item substitutes the words `commodity, whether or not that other permit was also
granted in respect of another commodity' in paragraph 6(1D)(a) of the Quantity
Charge Act with `goods, whether or not that other permit was also granted in respect
of other goods'.
The purpose of this amendment is to update references to `prescribed commodity'
with references to `prescribed goods' consistent with the amendments made by item 3
above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 12
This item repeals subsection 6(1E) of the Quantity Charge Act which sets out a list of
commodities which are defined in the Collection Act. As these definitions have been
repealed and replaced with the definition of `prescribed good', which has the same
meaning as the Export Control Act, subsection 6(1E) is no longer required consistent
with the amendments made by item 3 above and items 5, 8 10, 11 and 12 of the
Export Legislation Amendment Bill 2014.
Item 13
This item substitutes the words `a prescribed commodity' in subsection 6(2) of the
Quantity Charge Act with `prescribed goods'.
The purpose of this amendment is to update the reference to `prescribed commodity'
with a reference to `prescribed goods' consistent with the amendments made by
item 3 above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 14
This item substitutes the words `prescribed commodities' in subsection 6(3) of the
Quantity Charge Act with `prescribed goods'.
This amendment updates the reference to `prescribed commodity' with a reference to
`prescribed goods' consistent with the amendments made by item 3 above and
items 10 and 11 of the Export Legislation Amendment Bill 2014.
17
Item 15
This item replaces section 7 of the Quantity Charge Act with a new section 7, which
provides that the regulations may prescribe a rate of charge in relation to prescribed
goods.
New section 7 includes a note which states the regulations may prescribed different
rates of charge may apply for different classes of prescribed goods, consistent with
subsection 13(3) of the Legislative Instruments Act 2003.
New subsection 7(2) provides that the maximum rate of charge on grain is:
$5 per tonne, when the grain is shipped for export in a container system unit
$1 per tonne, in any other case, such as in the hold of a bulk vessel.
The purpose of this amendment is to redraft section 7 for clarity, updating the
references to `prescribed commodity' with references to `prescribed goods' and
removing the maximum rate of charge on dried fruits and dairy produce, as there are
currently no quantity charges on those goods.
Item 16
This item substitutes section 8 of the Quantity Charge Act with a new section 8 which
provides for calculating the quantity charge on a prescribed good by reference to
weight or volume.
Subsection 8(1) provides that in calculating the weight or volume of a prescribed
good the weight or volume of the covering (such as a container that carries prescribed
goods) should not be counted.
Subsection 8(2) provides that where a covering (other than a can) contains one or
more prescribed goods and other matter (which are not prescribed goods) the other
matter should be disregarded in calculating the quantity charge payable.
Subsection 8(3) provides that where a can contains a single prescribed good and other
matter, the can should be treated as only containing the prescribed good, and the
quantity charge should be calculated on the weight or volume of the contents of the
can.
Subsections 8(4), (5), (6) and (7) provide a method for calculating the quantity charge
relating to a can containing several prescribed goods by reference to the weight or
volume of the prescribed goods.
Where a can contains more than one prescribed good, whose rate of charge can be
ascertained by reference to the weight or volume of the prescribed good, then the can
shall be deemed to only contain the prescribed good that comprises the largest
proportion of total weight or volume of the can. In calculating the quantity charge, the
weight or volume of the contents of the can shall be deemed to be the weight or
volume of the prescribed goods.
18
If two or more of the prescribed goods are of equal weight or volume and both
comprise the equal largest proportion of total weight or volume of contents, then the
quantity charge is calculated based on the prescribed good with the lower charge rate.
If the rate of charge is the same for these prescribed good, the quantity charge should
be calculated as if their combined weight or volume were the weight or volume of the
can.
In calculating the quantity charge, subsection 8(8) provides that:
two or more prescribed goods that are in the same class of prescribed goods
(for example, barley and oats are `prescribed grain') should be treated as a
single prescribed good
the lower rate of charge should apply where there are alternate rates of charge
for a prescribed good--where one is by reference to weight and the other by
reference to volume
any gaseous matter should be disregarded in calculating the volume of the can.
The purpose of this amendment is to redraft section 8 for clarity and update references
to `prescribed commodity' with references to `prescribed goods' consistent with the
amendments made by item 3 above and items 10 and 11 of the Export Legislation
Amendment Bill 2014.
Item 17
This item substitutes each mention of the words `a prescribed commodity' in
sections 9 and 10 of the Quantity Charge Act with `prescribed goods'.
The purpose of this amendment is to update references to `prescribed commodity'
with references to `prescribed goods' consistent with the amendments made by item 3
above and items 10 and 11 of the Export Legislation Amendment Bill 2014.
Item 18
This item provides that the amendments made by this Schedule only apply in relation
to export permits granted on or after the first day of the financial starting on or after
the commencement of the Schedule.
Having these amendments apply to export permits issued after the start of the
financial year will enable exporters to plan ahead and transition to any new or
changed cost recovery arrangements which may be imposed by regulation for export
services carried out by the Department in relation to `prescribed goods'.
However, it should be noted that these amendments do not expand the prescribed
goods for which quantity charge is imposed, which is currently only grain.
Item 19
Subitem 19(1) provides that that this item applies to the Export Inspection (Quantity
Charges) Regulations 1985 (the Quantity Charge Regulations) as is in force
immediately before the commencement of the item.
19
Subitem 19(2) provides that the Quantity Charge Regulations to the extent that they
specify or refer to commodities only have effect, after the commencement of this
item, as if any of the commodities that are not a prescribed goods within the meaning
of the Export Control Act are disregarded. If the commodities listed in the Quantity
Charge Regulations are not prescribed goods, then quantity charges will not apply.
Subitem 19(3) provides that the Quantity Charge Regulations to the extent that they
prescribed a rate of charge for the purposes of subsection 7(1) of the Quantity Charge
Act only have effect, after the commencement of this item, as if the rate were
prescribed for the purposes of that subsection as amended by item 15.
The purpose of this item is to ensure that the Department can continue to collect
quantity charges while the necessary amendments are made to the Quantity Charge
Regulations.
20
EXPORT INSPECTION (SERVICE CHARGE) AMENDMENT BILL 2014
NOTES ON CLAUSES
Clause 1 Short title
This clause provides for the short title of the Act to be the Export Inspection (Service
Charge) Amendment Act 2014.
Clause 2 Commencement
Subclause 2(1) provides for clauses 1 to 3 of the Act to come into effect the day the
Act receives the Royal Assent. Schedule 1 will commence at the same time as the
Export Legislation Amendment Act 2014.
Subclause 2(2) provides that details of the specific dates for commencement may be
inserted and edited, in any published version of the Act.
Clause 3 Schedule(s)
The clause provides that each Act specified in a Schedule to the Act is amended or
repealed as set out in the applicable items in the Schedule, and any other item in a
Schedule has effect according to its terms.
Schedule 1 Amendments
Export Inspection (Service Charge) Act 1985 (Service Charge Act)
Item 1
This item replaces section 4 of the Service Charge Act with a new section 4, which
provides the definitions for `charge' and `exportable goods'.
The new section 4 retains the definition of `charge', which is a charge imposed by the
Service Charge Act.
The definition of `exportable goods' incorporates the definition of `prescribed goods'
from the Collection Act with an additional requirement that the goods are also
prescribed in the regulations for the purposes of the definition.
This additional requirement ensures that the service charge only applies to prescribed
goods listed in the regulations and does not automatically apply to all prescribed
goods.
The purpose of this amendment is to update references to `prescribed commodity' in
the Service Charge Act with references to `prescribed goods' (in the definition of
`exportable goods') consistent with the amendments made by items 10 and 11 of the
Export Legislation Amendment Bill.
Item 2
This item replaces subsection 6(1) of the Service Charge Act with a new
subsection 6(1) which provides that regulations may impose charges for the export
inspection services at an establishment that, at the time the service is provided, is
registered for operations associated with the preparation of exportable goods.
21
The purpose of this amendment is to redraft subsection 6(1) for clarity and update the
reference to `prescribed commodity' with a reference to `exportable goods' consistent
with the amendments made by item 1 above.
The Export Inspection (Service Charge) Regulations 1985 sets out the prescribed
commodities that are subject to the export inspection service charge and will be
amendment consistent with the amendments made by this Bill. Currently there is only
an export inspection service charge on dried fruits, fish, eggs, processed fruit and
processed vegetables. This amendment will not expand the number of prescribed
goods for which service charge is imposed or have any additional impact on the
industries currently subject to the service charge.
Item 3
This item replaces subsection 6(3) of the Service Charge Act with a new
subsection 6(3) which provides that the service charge is imposed on the provision of
an external export inspection service relating to exportable goods.
The purpose of this amendment is to redraft subsection 6(3) for clarity and update the
reference to `prescribed commodity' with a reference to `exportable goods' consistent
with the amendments made by item 1 above.
Item 4
This item substitutes the words `prescribed commodity' in subsection 7(2) of the
Service Charge Act with `exportable goods'.
The purpose of this amendment is to update reference to `prescribed commodity' with
a reference to `exportable good' consistent with the amendments made by item 1
above.
Item 5
This item provides that the amendments made by items this Schedule only apply in
relation to export inspection services provided on or after the first day of the financial
starting on or after the commencement of the Schedule.
Having these amendments apply to export permits issued after the start of the
financial year will enable exporters to plan ahead and transition to any new or
changed cost recovery arrangements which may be imposed by regulation for export
services carried out by the Department in relation to `exportable goods'.
However, it should be noted that these amendments do not expand the prescribed
goods for which a service charge is imposed, which is currently dried fruits, eggs,
fish, processed fruit and processed vegetables.
Item 6
Subitem 6(1) provides that that this item applies to the Export Inspection (Service
Charges) Regulations 1985 (the Service Charge Regulations) as is in force
immediately before the commencement of the item.
22
Subitem 6(2) provides that the Service Charge Regulations to the extent that they
specify or refer to commodities only have effect, after the commencement of this item
as if:
any of the commodities that is not a prescribed good within the meaning of the
Export Control Act is disregarded
any remaining commodities are goods prescribed for the purposes of the
definition of `exportable goods' in section of the Service Charge Act as
inserted by item 1.
The purpose of this item is to ensure that the Department can continue to collect
service charges while the necessary amendments are made to the Service Charge
Regulations.
23
EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES)
AMENDMENT BILL 2014
NOTES ON CLAUSES
Clause 1 Short title
This clause provides for the short title of the Act to be the Export Inspection
(Establishment Registration Charges) Amendment Act 2014.
Clause 2 Commencement
Subclause 2(1) provides for clauses 1 to 3 of this Act to come into effect the day the
Act receives Royal Assent. Schedule 1 will commence at the same time as the Export
Legislation Amendment Act 2014.
Subclause 2(2) provides that details of the specific dates for commencement may be
inserted and edited, in any published version of the Act.
Clause 3 Schedule(s)
The clause provides that each Act specified in a Schedule to the Act is amended or
repealed as set out in the applicable items in the Schedule, and any other item in a
Schedule has effect according to its terms.
Schedule 1 Amendments
Export Inspection (Establishment Registration Charges) Act 1985 (Establishment
Registration Charges Act)
Item 1
This item replaces section 4 of the Establishment Registration Charges Act with a
new section 4, which provides the definitions for `charge' and `exportable goods'.
The new section 4 retains the definition of `charge', which is a charge imposed by the
Establishment Registration Charges Act.
The definition of `exportable goods' incorporates the definition of `prescribed goods'
from the Collection Act with an additional requirement that the goods are also
prescribed in the regulations for the purposes of the definition.
This additional requirement ensures that the establishment registration charge only
applies to prescribed goods listed in the regulations and does not automatically apply
to all prescribed goods.
The purpose of this amendment is to update references to `prescribed commodity' in
the Establishment Registration Charges Act with references to `prescribed goods' (in
the definition of `exportable goods') consistent with the amendments made by items
10 and 11 of the Export Legislation Amendment Bill.
24
Item 2
This item replaces subsection 6(1) of the Establishment Registration Charges Act with
a new subsection 6(1) which provides that regulations may impose charges for the
registration of an establishment for operations associated with the preparation of
exportable goods.
The purpose of this amendment is to redraft subsection 6(1) for clarity and update the
reference to `prescribed commodity' with a reference to exportable goods consistent
with the amendments made by item 1 above and items 10 and 11 of the Export
Legislation Amendment Bill 2014.
The Export Inspection (Establishment Registration Charges) Regulations 1985
currently place a registration charge on establishments that prepare fish and fish
products, egg and egg produces, meat and meat products, dairy and dairy products and
horticulture products for export.
Item 3
This item provides that the amendments made by this Schedule only apply in relation
to establishment registrations (and renewals of registrations) made on or after the first
day of the financial starting on or after the commencement of the Schedule.
Having these amendments apply to establishments registered or renewed after the start
of the financial year will enable exporters to plan ahead and transition to the new cost
recovery arrangements for export services carried out by the Department in relation to
`exportable goods'.
Item 4
Subitem 4(1) provides that that this item applies to the Export Inspection
(Establishment Registration Charges) Regulations 1985 (the Establishment
Registration Charges Regulations) as is in force immediately before the
commencement of the item.
Subitem 4(2) provides that the Establishment Registration Charges Regulations to the
extent that they specify or refer to commodities only have effect, after the
commencement of this item as if:
any of the commodities that is not a prescribed good within the meaning of the
Export Control Act is disregarded
any remaining commodities are goods prescribed for the purposes of the
definition of `exportable goods' in section of the Establishment Registration
Charges Act as inserted by item 1.
Subitem 4(3) provides that the Establishment Registration Charges Regulations to the
extent that they prescribed a rate of charge for the purposes of subsection 6(1) of the
Establishment Registration Charges Act only have effect, after the commencement of
this item, as if the rate were prescribed for the purposes of that subsection as amended
by item 2.
The purpose of this item is to ensure that the Department can continue to collect
establishment registration charges while the necessary amendments are made to the
Establishment Registration Charges Regulations.
25