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Export Inspection (Quantity Charge) Act 1985

Authoritative Version
Act No. 26 of 1985 as amended, taking into account amendments up to Statute Update (Autumn 2018) Act 2018
An Act to impose a charge on the inspection of certain goods intended for export
Administered by: Agriculture
Registered 19 Jun 2018
Start Date 19 Jun 2018
Table of contents.

Commonwealth Coat of Arms of Australia

Export Inspection (Quantity Charge) Act 1985

No. 26, 1985

Compilation No. 7

Compilation date:                           19 June 2018

Includes amendments up to:         Act No. 41, 2018

Registered:                                      19 June 2018

 

About this compilation

This compilation

This is a compilation of the Export Inspection (Quantity Charge) Act 1985 that shows the text of the law as amended and in force on 19 June 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

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

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

5............ Act binds the Crown........................................................................... 2

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

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

8............ Weight or volume of prescribed goods............................................... 3

9............ By whom charge payable.................................................................... 6

10.......... Regulations......................................................................................... 6

Endnotes                                                                                                                                      7

Endnote 1—About the endnotes                                                                              7

Endnote 2—Abbreviation key                                                                                  9

Endnote 3—Legislation history                                                                             10

Endnote 4—Amendment history                                                                           11


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 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 binds the Crown

                   This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

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 Legislation 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 information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

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

s 1 and 2: 22 May 1985
Remainder: 1 July 1985 (gaz 1985, No S228)

 

Export Inspection Charges (Miscellaneous Amendments) Act 1985

115, 1985

21 Oct 1985

1 Jan 1986 (gaz 1985, No S560) (s 2)

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 (s 2)

Primary Industries and Energy Legislation Amendment Act (No. 2) 1995

133, 1995

14 Nov 1995

Sch 1: 14 Nov 1995
(s 2(1))

Sch 1 (item 3)

Export Inspection (Quantity Charge) Amendment Act 2014

38, 2014

25 June 2014

25 June 2014 (s  2(1) items 1, 2)

Sch 1 (items 18, 19)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 207):
5 Mar 2016 (s 2(1) item 2)

Statute Law Revision Act (No. 2) 2015

145, 2015

12 Nov 2015

Sch 3 (item 17):
10 Dec 2015 (s 2(1) item 7)

Omnibus Repeal Day (Autumn 2015) Act 2016

47, 2016

5 May 2016

Sch 1 (item 29): 6 May 2016 (s 2(1) item 2)

Statute Update (Autumn 2018) Act 2018

41, 2018

22 May 2018

Sch 4 (item 5): 19 June 2018 (s 2(1) item 4)

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; No 47, 2016

s 4........................................

am No 115, 1985; No 38, 2014

s 5........................................

rs No 145, 2015

 

am No 41, 2018

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

 

am No 126, 2015

s 8........................................

rs No 38, 2014

s 9........................................

am No 38, 2014

s 10......................................

am No 38, 2014