An Act to impose a charge on the inspection of certain goods intended for export
1 Short title
This Act may be cited as the Export Inspection (Quantity Charge) Act 1985.
2 Commencement
(1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.
3 Collection Act
Subject to section 4, the Export Inspection and Meat Charges Collection Act 1985 is incorporated, and shall be read as one, with this Act.
4 Interpretation
(1) In this Act, unless the contrary intention appears:
can means an hermetically sealed covering made of metal or glass, or of a material, or a material included in a class of materials, that is approved, in writing, by the Secretary or by a person who is authorized, in writing, by the Secretary to give such an approval.
charge means charge imposed by this Act.
container system unit means a container designed for repeated use as a unit of cargo handling equipment in the transportation of cargo on a ship or aircraft.
covering means a bottle, box, capsule, case, container, frame, stopper or wrapper.
prescribed goods has the same meaning as in the Export Control Act 1982.
(2) Without limiting, by implication, the manner in which a class of prescribed goods may be described for the purposes of this Act or the regulations, a class of prescribed goods may be described, in whole or in part, by reference to all or any of the following:
(a) the form in which the prescribed goods are intended to be exported;
(b) the class of establishment at which the prescribed goods were prepared;
(c) the manner in which the prescribed goods are packed for export;
(d) the level of inspection that is applicable to the prescribed goods under export control orders;
(e) whether an approval of a quality control system plan is in force under export control orders in relation to the prescribed goods.
5 Act to bind Crown
This Act binds the Crown in right of each of the States, of the Northern Territory and of Norfolk Island.
6 Imposition of charge
(1) Charge is imposed on prescribed goods in respect of which an export permit is granted, whether or not that permit is also granted in respect of other prescribed goods.
(1D) Subsection (1) does not apply to prescribed goods in respect of which an export permit is granted if:
(a) another export permit has previously been granted in respect of the goods, whether or not that other permit was also granted in respect of other goods;
(b) that other export permit has been accidentally lost or accidentally destroyed; and
(c) the first‑mentioned export permit was granted by way of replacement of that other export permit.
(2) Subsection (1) does not apply to a class of prescribed goods that is exempt from charge under the regulations.
(3) A reference in this section to a notice of intention to export prescribed goods is a reference to a notice of the kind referred to in section 6 of the Export Control Act 1982.
7 Rates of charge
(1) The rate of charge (if any) in respect of a prescribed good is the rate prescribed by the regulations for that good.
Note: The regulations may prescribe different rates of charge for different classes of prescribed goods (see subsection 13(3) of the Legislative Instruments Act 2003).
(2) However, the rate of charge in respect of grain must not exceed:
(a) $5 per tonne, when shipped for export in a container system unit; and
(b) $1 per tonne, in any other case.
8 Weight or volume of prescribed goods
Disregard any covering’s weight or volume
(1) For the purposes of this Act, if:
(a) the amount of charge in respect of a prescribed good is calculated by reference to weight or volume; and
(b) the prescribed good is, or is to be, packed in a covering;
disregard the weight or volume of the covering when calculating the weight or volume of the prescribed good.
Prescribed goods in a covering (other than can)
(2) For the purposes of this Act, if a covering (other than a can) contains one or more prescribed goods and other matter, disregard the other matter when calculating the charge payable in respect of the prescribed goods. The total amount of charge payable is:
(a) if the covering contains a single prescribed good—the amount of charge payable in respect of that good; and
(b) otherwise—the sum of the amounts of charge payable in respect of each of the prescribed goods.
Single prescribed good in a can
(3) For the purposes of this Act, if a can contains a single prescribed good and other matter:
(a) treat the can as containing only the prescribed good; and
(b) calculate the amount of charge payable in respect of the prescribed good as if its weight and volume were the weight and volume of the contents of the can.
Several prescribed goods in a can—rate calculated by weight
(4) For the purposes of this Act, if:
(a) a can contains more than one prescribed good, whether or not it also contains other matter; and
(b) the rate of charge in respect of at least one of the prescribed goods is calculated by reference to weight;
then:
(c) treat the can as containing only the prescribed good (the relevant good) that comprises the largest proportion of the total weight of the contents of the can; and
(d) calculate the amount of charge payable in respect of the relevant good as if its weight were the weight of the contents of the can.
(5) For the purposes of this Act, if in the circumstances described in paragraphs (4)(a) and (b), no prescribed good in the can exceeds the weight of the others because 2 or more prescribed goods in the can (the major goods) are of equal weight, then:
(a) if the rate of charge in respect of one of the major goods is lower than the rate in respect of any of the others:
(i) treat the can as containing only that major good; and
(ii) calculate the amount of charge payable in respect of that major good as if its weight were the weight of the contents of the can; and
(b) otherwise—treat the can as containing only those major goods, and calculate the amount of charge payable in respect of them as if their combined weight were the weight of the contents of the can.
Several prescribed goods in a can—rate calculated by volume
(6) For the purposes of this Act, if:
(a) a can contains more than one prescribed good, whether or not it also contains other matter; and
(b) the rate of charge in respect of each of the prescribed goods is calculated by reference to volume;
then:
(c) treat the can as containing only the prescribed good (the relevant good) that comprises the largest proportion of the total volume of the contents of the can; and
(d) calculate the amount of charge payable in respect of the relevant good as if its volume were the volume of the contents of the can.
(7) For the purposes of this Act, if in the circumstances described in paragraphs (6)(a) and (b), no prescribed good in the can exceeds the volume of the others because 2 or more prescribed goods in the can (the major goods) are of equal volume, then:
(a) if the rate of charge in respect of one of the major goods is lower than the rate in respect of any of the others:
(i) treat the can as containing only that major good; and
(ii) calculate the amount of charge payable in respect of that major good as if its volume were the volume of the contents of the can; and
(b) otherwise—treat the can as containing only those major goods, and calculate the amount of charge payable in respect of them as if their combined volume were the volume of the contents of the can.
Special rules for the above subsections
(8) For the purposes of this section:
(a) treat as a single prescribed good 2 or more prescribed goods that are in the same class of prescribed goods; and
(b) if alternative rates of charge are prescribed for a prescribed good (one by reference to weight and the other to volume), then disregard the rate that would result in the greater amount of charge payable; and
(c) when working out the volume of the contents of a can, disregard any gaseous matter in the can.
Note: Paragraph (a) means, for example, that when this section refers to more than one prescribed good it is referring to goods that together fall within more than one class of prescribed goods.
9 By whom charge payable
The charge on prescribed goods in respect of which an export permit is granted is payable by the person in whose name that permit is granted.
10 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular:
(c) exempting a class or classes of prescribed goods from charge; and
(d) prescribing different rates of charge in respect of different classes of prescribed goods.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s) | |
Endnote 3—Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Export Inspection Charge Act 1985 | 26, 1985 | 22 May 1985 | ss. 1 and 2: Royal Assent
Remainder: 1 July 1985 (see Gazette 1985, No. S228) | |
Export Inspection Charges (Miscellaneous Amendments) Act 1985 | 115, 1985 | 21 Oct 1985 | 1 Jan 1986 (see Gazette 1985, No. S560) | — |
Export Inspection (Quantity Charge) Amendment Act 1989 | 33, 1989 | 24 May 1989 | 21 June 1989 | — |
Export Inspection Charges Laws Amendment Act 1993 | 101, 1993 | 22 Dec 1993 | 1 Jan 1994 | — |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1995 | 133, 1995 | 14 Nov 1995 | Schedule 1: Royal Assent (a) | Sch. 1 (item 3) |
Export Inspection (Quantity Charge) Amendment Act 2014 | 38, 2014 | 25 June 2014 | Sch 1: 25 June 2014 (see s 2(1))
Remainder: Royal Assent | Sch 1 (items 18, 19) |
(a) The Export Inspection (Quantity Charge) Act 1985 was amended by the Primary Industries and Energy Legislation Amendment Act (No. 2) 1995, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
Endnote 4—Amendment history
Provision affected | How affected |
Title.................... | am No 38, 2014 |
s. 1..................... | am. No. 115, 1985 |
s. 3..................... | am. No. 115, 1985; No. 101, 1993; No 38, 2014 |
s. 4..................... | am. No. 115, 1985; No 38, 2014 |
s. 6..................... | am. No. 115, 1985; No. 33, 1989; No. 133, 1995; No 38, 2014 |
s. 7..................... | am. No. 33, 1989 |
| rs No 38, 2014 |
s 8..................... | rs No 38, 2014 |
s 9 | am No 38, 2014 |
s 10 | am No 38, 2014 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
