Commonwealth act

Grain (Export Inspection Charge) Act 1979

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

47 of 1979

Collection

act

Plain English Summary

2/10 complexity

This law creates a user‑pays charge on exported Australian grain (wheat, oats, barley, sorghum) to fund government inspection and regulatory services that uphold export standards. Exporters—the parties physically sending the grain overseas—are legally responsible for paying the charge. The government sets rates and exemptions by regulation (rates may vary by grain or shipping method) and the charge is capped at 40 cents per tonne; collection and enforcement are handled under the companion Collection Act.

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Current sections

Direct links to the current provisions in Grain (Export Inspection Charge) Act 1979.

Commencement

This Act shall come into operation on 1 July 1979.

Collection Act

The Grain (Export Inspection Charge) Collection Act 1979 shall be incorporated and read as one with this Act.

Interpretation

In this Act, unless the contrary intention appears—

“charge” means the charge imposed by this Act;

“grain” means the grain of wheat, oats, barley and sorghum.

Imposition of charge

(1) Subject to sub-section (2), a charge is imposed on grain that is exported from Australia.

(2) Sub-section (1) does not apply to grain, or grain included in a class of grain, that is exempt from the charge under the regulations.

Rates of charge

(1) Subject to this section, the rate of charge in respect of grain is such rate as is applicable under the regulations to the class of grain in which that grain is included.

(2) For the purposes of sub-section (1), different rates of charge may be prescribed in respect of different classes of grain.

(3) The rate of charge in respect of grain shall not exceed 40 cents per tonne.

By whom charge payable

The charge on grain exported from Australia is payable by the person (including a State or an authority of a State) who exports the grain.

Regulations

(1) The Governor-General may make regulations for the purposes of sections 5 and 6.

(2) For the purposes of section 5 or 6, a class of grain may be prescribed by reference to a kind of grain referred to in the definition of “grain” in section 4 or in any other manner, and, in particular, without limiting the generality of the foregoing, by reference to the manner in which grain is shipped for export or to the quantity of grain that is shipped for export.

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Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Commencement Commencement