Federal Register of Legislation - Australian Government

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Act No. 26 of 1985 as amended, taking into account amendments up to Act No. 133 of 1995
An Act to impose a charge on the inspection of certain commodities intended for export
Administered by: Agriculture
Start Date 14 Nov 1995
End Date 24 Jun 2014
Date of repeal 28 Mar 2021
Repealed by Export Control (Consequential Amendments and Transitional Provisions) Act 2020
Table of contents.

Export Inspection (Quantity Charge) Act 1985

Act No. 26 of 1985 as amended

This compilation was prepared on 6 September 2000
taking into account amendments up to Act No. 133 of 1995

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Collection Act..................................................................................... 1

4............ Interpretation....................................................................................... 1

5............ Act to bind Crown.............................................................................. 2

6............ Imposition of charge........................................................................... 2

7............ Rates of charge.................................................................................... 3

8............ Weight or volume of prescribed commodity....................................... 4

9............ By whom charge payable.................................................................... 8

10.......... Regulations......................................................................................... 8

Notes                                                                                                                                           9


An Act to impose a charge on the inspection of certain commodities intended for export

1  Short title [see Note 1]

                   This Act may be cited as the Export Inspection (Quantity Charge) Act 1985.

2  Commencement [see Note 1]

             (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

                   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.

             (2)  Without limiting, by implication, the manner in which a class of a prescribed commodity may be described for the purposes of this Act or the regulations, a class of a prescribed commodity may be described, in whole or in part, by reference to all or any of the following:

                     (a)  the form in which the prescribed commodity is intended to be exported;

                     (b)  the class of establishment at which the prescribed commodity was prepared;

                     (c)  the manner in which the prescribed commodity is packed for export;

                     (d)  the level of inspection that is applicable to the prescribed commodity 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 commodity.

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)  Subject to this section, charge is imposed on a prescribed commodity in respect of which an export permit is granted, whether or not that permit is also granted in respect of another prescribed commodity.

          (1D)  Subsection (1) does not apply to a prescribed commodity in respect of which an export permit is granted if:

                     (a)  another export permit has previously been granted in respect of the commodity, whether or not that other permit was also granted in respect of another commodity;

                     (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.

          (1E)  Subsection (1) does not apply to the following commodities:

                     (a)  meat;

                     (b)  meat products;

                     (c)  edible game offal;

                     (d)  game meat;

                     (e)  game meat products;

                      (f)  poultry meat;

                     (g)  poultry meat products;

                     (h)  rabbit meat;

                      (j)  rabbit meat products;

                     (k)  eggs;

                    (m)  fruit (other than dried fruit);

                     (n)  fruit juice;

                     (o)  fruit products;

                     (q)  vegetables;

                      (r)  vegetable juice;

                      (s)  vegetable products.

             (2)  Subsection (1) does not apply to a class of a prescribed commodity that is exempt from charge under the regulations.

             (3)  A reference in this section to a notice of intention to export prescribed commodities 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)  Subject to this section, the rate of charge (if any) in respect of a prescribed commodity is such rate as is applicable under the regulations to that prescribed commodity or to the class of that prescribed commodity in which that prescribed commodity is included.

             (2)  For the purposes of subsection (1), different rates of charge may be prescribed in respect of different classes of a prescribed commodity.

             (3)  The rate of charge in respect of a prescribed commodity, or of a class of a prescribed commodity, as the case may be, shall not exceed:

                     (a)  in the case of dairy produce—$10 per tonne;

                     (d)  in the case of dried fruit—$33 per tonne;

                      (j)  in the case of grain that is shipped for export in bulk otherwise than in a container system unit—$1 per tonne;

                     (k)  in the case of grain that is shipped for export in bags otherwise than in a container system unit—$1 per tonne; and

                    (m)  in the case of grain that is shipped for export in a container system unit—$5 per tonne.

8  Weight or volume of prescribed commodity

             (1)  For the purposes of this Act, where:

                     (a)  the amount of charge in respect of a prescribed commodity is calculated by reference to the weight, or the volume, of that prescribed commodity; and

                     (b)  that prescribed commodity is, or is to be, packed in a covering;

the weight, or the volume, of the covering itself, as the case requires, shall be disregarded for the purpose of calculating the weight, or the volume, of the prescribed commodity.

             (2)  For the purposes of this Act, where a covering, other than a can, contains a prescribed commodity, or more than one prescribed commodity, and matter other than that prescribed commodity or those prescribed commodities, the other matter shall be disregarded for the purpose of calculating the charge payable in respect of that prescribed commodity or those prescribed commodities and the total amount of charge payable shall be:

                     (a)  where the covering contains a single prescribed commodity—the amount of charge payable in respect of that commodity; and

                     (b)  where the covering contains more than one prescribed commodity—the sum of the amounts that are payable in respect of each of those prescribed commodities.

             (3)  Where a can contains a prescribed commodity and matter other than a prescribed commodity:

                     (a)  the can shall be deemed to contain only the prescribed commodity; and

                     (b)  for the purpose of calculating the amount of charge payable in respect of that prescribed commodity:

                              (i)  if the rate of charge in respect of a prescribed commodity is described by reference to the weight of the prescribed commodity—the weight of the contents of the can shall be deemed to be the weight of that prescribed commodity; and

                             (ii)  if the rate of charge in respect of a prescribed commodity is described by reference to the volume of the prescribed commodity—the volume of the contents of the can shall be deemed to be the volume of that prescribed commodity.

             (4)  Where:

                     (a)  a can contains more than one prescribed commodity, whether or not it also contains matter other than a prescribed commodity; and

                     (b)  the rate of charge in respect of at least one of the prescribed commodities contained in the can is described by reference to the weight of that prescribed commodity;

then, for the purposes of this Act:

                     (c)  the can shall be deemed to contain only the prescribed commodity (in this subsection called the relevant commodity) that comprises the largest proportion of the total weight of the contents of the can; and

                     (d)  for the purpose of calculating the amount of charge payable in respect of the relevant commodity, the weight of the contents of the can shall be deemed to be the weight of the relevant commodity.

             (5)  Where, in circumstances described in paragraphs (4)(a) and (b), there is no prescribed commodity in a can that exceeds the weight of the other, or of every other, prescribed commodity in the can because 2 or more prescribed commodities in the can (in this subsection referred to as major commodities) are of equal weight, then:

                     (a)  in a case where, were one of those major commodities to be the only prescribed commodity in the can, a lesser amount of charge would be payable than would be the case if any other of those major commodities were to be the only prescribed commodity in the can—the can shall be deemed to contain only that one of those major commodities and, for the purpose of calculating the amount of charge payable in respect of that major commodity, the weight of the contents of the can shall be deemed to be the weight of that major commodity; and

                     (b)  in any other case—the can shall be deemed to contain only those major commodities and, for the purpose of calculating the amount of charge payable in respect of those major commodities, the weight of the contents of the can shall be deemed to be the combined weight of those major commodities.

             (6)  Where:

                     (a)  a can contains more than one prescribed commodity, whether or not it also contains matter other than a prescribed commodity; and

                     (b)  the rate of charge in respect of each of the prescribed commodities contained in the can is described by reference to the volume of that prescribed commodity;

then, for the purposes of this Act:

                     (c)  the can shall be deemed to contain only the prescribed commodity (in this subsection called the relevant commodity) that comprises the largest proportion of the total volume of the contents of the can; and

                     (d)  for the purpose of calculating the amount of charge payable in respect of the relevant commodity, the volume of the contents of the can shall be deemed to be the volume of the relevant commodity.

             (7)  Where, in circumstances described in paragraphs (6)(a) and (b), there is no prescribed commodity in a can that exceeds the volume of the other, or of every other, prescribed commodity in the can because 2 or more prescribed commodities in the can (in this subsection referred to as major commodities) are of equal volume, then:

                     (a)  in a case where, were one of those major commodities to be the only prescribed commodity in the can, a lesser amount of charge would be payable than would be the case if any other of those major commodities were to be the only prescribed commodity in the can—the can shall be deemed to contain only that one of those major commodities and, for the purpose of calculating the amount of charge payable in respect of that major commodity, the volume of the contents of the can shall be deemed to be the volume of that major commodity; and

                     (b)  in any other case—the can shall be deemed to contain only those major commodities and, for the purpose of calculating the amount of charge payable in respect of those major commodities, the volume of the contents of the can shall be deemed to be the combined volume of those major commodities.

             (8)  Where alternative rates of charge, described in the one instance by reference to weight and in the other instance by reference to volume, are prescribed in respect of a prescribed commodity, then, in the application of subsections (4), (5), (6) and (7) to that prescribed commodity:

                     (a)  if a lesser amount of charge would be imposed if charge were calculated by reference to the weight of that prescribed commodity—that prescribed commodity shall be taken to be a prescribed commodity in respect of which the rate of charge is described by reference to weight; and

                     (b)  if a lesser amount of charge would be imposed if charge were calculated by reference to the volume of that prescribed commodity—that prescribed commodity shall be taken to be a prescribed commodity in respect of which the rate of charge is described by reference to volume.

             (9)  In this section:

                     (a)  a reference to a prescribed commodity shall be construed as including a reference to a prescribed commodity that is included in a class of that prescribed commodity; and

                     (b)  a reference to more than one prescribed commodity shall, in relation to each prescribed commodity that is included in that group of prescribed commodities (in this paragraph referred to as a relevant commodity), be construed as including a reference to a relevant commodity that is included in a class of that relevant commodity.

           (10)  A reference in subsection (3), (6) or (7) to the volume of the contents of the can shall not be taken to include a reference to any gaseous matter in that can.

9  By whom charge payable

                   The charge on a prescribed commodity 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 a prescribed commodity from charge; and

                     (d)  prescribing different rates of charge in respect of different classes of a prescribed commodity.


Notes to the Export Inspection (Quantity Charge) Act 1985

Note 1

The Export Inspection (Quantity Charge) Act 1985 as shown in this compilation comprises Act No. 26, 1985 amended as indicated in the Tables below.

Table of Acts

 

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or 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)


(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.


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

 

S. 1...........................................

am. No. 115, 1985

S. 3...........................................

am. No. 115, 1985; No. 101, 1993

S. 4...........................................

am. No. 115, 1985

S. 6...........................................

am. No. 115, 1985; No. 33, 1989; No. 133, 1995

S. 7...........................................

am. No. 33, 1989