Export Control (Fees) Amendment Orders 2006 (No. 5) (Cth)

Export Control (Fees) Amendment Orders 2006 (No. 5)

I, PETER JOHN McGAURAN, Minister for Agriculture, Fisheries and Forestry, make these Orders under regulation 3 of the Export Control (Orders) Regulations 1982.

Dated  16 December  2006

Peter McGauran

PETER McGAURAN

Minister for Agriculture, Fisheries and Forestry

1. Name of Amendment Orders

These Orders are the Export Control (Fees) Amendment Orders 2006 (No. 5).

1. Commencement

These Orders commence on 1 January 2007.

1. Amendment of Export Control (Fees) Orders 2001

Schedule 1 amends the Export Control (Fees) Orders 2001.

Schedule 1        Amendments

(order 3)

[1]           Suborder 4(1)

Insert after the definition of “animal reproductive material”:

approved arrangement means an arrangement between the Department and a person or organisation that prepares for export a commodity in relation to which orders under the Export Control (Orders) Regulations 1982 (including these Orders) apply, being an arrangement:

(a)    under which the person or organisation implements and operates a system of preparation that is of a standard agreed between the person or organisation and the Department; and

(b)    that provides for the Department to audit the implementation and operation of the system; and

(c)    that is described in such orders as an approved arrangement, a certification assurance arrangement or in a similar way.

Note    For example, arrangements approved under clause 14 of Schedule 2 of the Export Control (Fish and Fish Products) Orders 2005 are approved arrangements.

[2]           Suborder 4(1), definition of “certification assurance arrangement”

Omit the definition.

[3]           Suborder 21(2)

Omit the suborder, substitute:

(2)   Where an authorised officer performs inspection services for horticulture products, the fee payable for the distance travelled by the authorised officer in going from the officer’s ordinary place of work to, and returning from, the place where the officer’s services are provided is 50 cents per kilometre or part thereof.

[4]           Order 34

Repeal the order, substitute:

1. Service fee for horticulture products

(1)   The service fee payable by an exporter for authorised officers carrying out export‑related activities for horticulture products to be exported by the exporter is $1.90 for each tonne, or part thereof, of horticulture products exported in a financial year by the exporter, up to 5,000 tonnes.

(2)   In suborder (1), export-related activities means activities that support the export process and the integrity of AQIS certification, including the following:

(a)    developing, implementing and maintaining systems that enable AQIS to issue export permits and certificates;

(b)    collecting information required to assess applications;

(c)    corresponding and negotiating with foreign countries about importing country requirements;

(d)    making information about importing country requirements of foreign countries available to exporters;

(e)    facilitating compliance with importing country requirements through input into industry and bilateral meetings.

[5]           Schedule 3, item 3

Omit the item, substitute:

3	For any of the following services:
	(a)     inspection of an establishment (including relevant systems) in connection with:
	(i)    determining whether the establishment is to be registered;
	(ii)    determining whether the establishment meets any importing country requirements of foreign countries;
	(b)     inspection of a registered establishment (including relevant systems) in connection with determining whether particular importing country requirements have been met;
	(c)     auditing the implementation and operation of systems the subject of approved arrangements;
	(d) services of an authorised officer in determining whether a certificate of a kind mentioned in section 23 of the Act (or a replacement or variation of such a certificate) is to be issued, including in connection with inspection of horticulture products;
	fees calculated as follows:
	(e)     if the services of an authorised officer are required for a normal working day	$720 per day
	(f)     if the services of an authorised officer are required during normal working hours for a week	$2,520 per week
	(g)     if the services of an authorised officer are required to be carried out at the officer’s ordinary place of work	$40 per quarter hour
	(h)     if the services of an authorised officer are required to be carried out at a place other than the officer’s ordinary place of work	$80 for the first half hour plus $40 for each quarter hour after the first half hour

[6]           Schedule 3, item 5

Omit from paragraph (c) “certification assurance arrangement”, substitute “approved arrangement”.

[7]           Schedule 3, item 7

Omit from paragraph (b) “certification assurance arrangement”, substitute “approved arrangement”.

[8]          Schedule 3, item 8

Omit “certification assurance arrangements”, substitute, “approved arrangements”.

[9]           Schedule 5, items 20 to 26 inclusive

Omit the items, substitute:

Horticulture products
20	phytosanitary certificate issued to a person for which there are no approved arrangements in relation to horticulture products:
	(a)  if issued manually	$30
	(b)  if issued electronically	$15
21	phytosanitary certificate issued to a person for which there are approved arrangements in relation to horticulture products:
	(a)  if issued manually	$30
	(b)  if issued electronically	$15
22	certificate of condition or certificate as to condition:
	(a)  if issued manually	$30
	(b)  if issued electronically	$15
23	export permit:
	(a)  if issued manually	$30
	(b)  if issued electronically	$15
25	replacement certificate	$150
26	any other document
	(a)  if issued manually	$30
	(b)  if issued electronically	$15