Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2001 (No. 1) (Cth)

 

Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 932

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Export Inspection (Establishment Registration Charges) Act 1985.

Dated 16 May 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

warren truss

Minister for Agriculture, Fisheries and Forestry

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1Name of Regulations

 These Regulations are the Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2001 (No. 1).

2Commencement

 These Regulations commence on 1 July 2001.

3Amendment of Export Inspection and Meat (Establishment Registration Charges) Regulations 1985

Schedule 1 amends the Export Inspection and Meat (Establishment Registration Charges) Regulations 1985.

4Transitional

• (1)

  This regulation applies to a dairy establishment on which a charge was imposed, under subregulation 4 (2) of the former Regulations, for a period that includes a relevant period.

• (2)

  If the dairy establishment has made payment for the charge and the payment included an amount for the relevant period, the charge imposed, under subregulation 4 (3) of the amended Regulations, on that establishment for the charge period beginning on 1 July 2001 is reduced by that amount.

• (3)

  If the dairy establishment has not made payment for the charge, or the payment made did not include an amount for the relevant period, the amount for the relevant period is taken to have been paid if the charge imposed, under subregulation 4 (3) of the amended Regulations, on that establishment for the charge period beginning 1 July 2001 is paid.

• (4)

  In this regulation:

amended Regulations means the Export Inspection and Meat (Establishment Registration Charges) Regulations 1985 as amended by these Regulations.

charge period has the meaning given by regulation 3 of the amended Regulations.

dairy establishment has the meaning given by regulation 3 of the amended Regulations.

former Regulations means the Export Inspection and Meat (Establishment Registration Charges ) Regulations 1985 as in force immediately before this regulation commences.

relevant period means any period beginning on 1 July 2001.

Schedule 1Amendments

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(regulation 3)

[1]Regulation 3, definitions of charge day and charge period

substitute

charge day means:

• (a)

  in relation to a meat establishment and a charge period — the first day, in the charge period, on which the meat establishment is registered for operations associated with the preparation of meat; and

• (b)

  in relation to a dairy establishment and a charge period — the first day in the charge period on which the dairy establishment is registered for operations associated with the preparation of dairy products.

charge period, in relation to a meat establishment or a dairy establishment, means a financial year beginning after 30 June 2001.

[2]Regulation 3, after definition of corporation

insert

dairy establishment means a non‑meat establishment registered for any operations associated with the preparation of dairy products for export.

[3]Subregulation 4 (1A)

substitute

• (1A)

  For section 6 of the Act, in relation to the registration of an establishment for the processing, packing or storage of dried fruit, fish or fish products:

  • (a)

    the charge for an application for the registration of the establishment is $330; and

  • (b)

    the charge for an application for the transfer of registration of the establishment is $330.

• (1B)

  For section 6 of the Act, in relation to the registration of an establishment for the processing, packing or storage of dairy products:

  • (a)

    the charge for an application for the registration of the establishment is $500; and

  • (b)

    the charge for an application for the transfer of registration of the establishment is $500.

[4]Subregulation 4 (2)

after

subregulation (1)

insert

(other than dairy products)

[5]After subregulation 4 (2)

insert

• (3)

  For section 6 of the Act, in relation to the registration of a dairy establishment, charges are imposed in respect of each period that:

  • (a)

    begins at the beginning of the charge day for the establishment in a charge period during which the establishment is registered; and

  • (b)

    ends at the end of that charge period.

[6]Regulation 6, heading

substitute

6Rates of charge — non‑meat establishments (other than dairy establishments)

[7]Subregulations 6 (1) and (2)

after

non‑meat establishment

insert

(other than a dairy establishment)

[8]After regulation 6

insert

6ARates of charge — dairy establishments

• (1)

  For section 7 of the Act, the rate of charge for a dairy establishment for a charge period is:

  • (a)

    if the charge day for the establishment in the charge period is 1 July — the rate specified in the item in Schedule 1A that applies to the establishment on the charge day; or

  • (b)

    if the charge day for the establishment in the charge period is not 1 July — the following rate:

 

 where:

 annual rate means the rate specified in the item in Schedule 1A that applies to the establishment on the charge day.

 charging days means the number of days in the period that begins at the beginning of the charge day and ends at the end of the charge period.

• (2)

  If a dairy establishment is of a kind specified in more than 1 item in Schedule 1A, the rate that applies to the establishment is the higher or highest of the rates specified for those items.

[9]Schedule 1, heading

substitute

Schedule 1Registration charges for non‑meat establishments (other than dairy establishments)

(regulation 6)

[10]Schedule 1, Part 3, item 1

omit

[11]Schedule 1, Part 3, items 6 and 7

omit

[12]After Schedule 1

insert

Schedule 1ARegistration charges for dairy establishments

(regulation 6A)

Item	Kind of establishment	Rate per charge period ($)
1	An establishment used solely for the storage of dairy products	1 000
2	An establishment engaged in processing or packing dairy products for export, that: (a) exported more than 2 000 tonnes of dairy products in the preceding financial year; and (b) either: (i) is owned by a corporation; or (ii) is owned by, or is part of, a co‑operative	4 250
3	An establishment engaged in processing or packing dairy products for export, that: (a) exported less than 2 000 tonnes of dairy products in the preceding financial year; and (b) either: (i) is owned by a corporation; or (ii) is owned by, or is part of, a co‑operative	2 350

Notes

1. These Regulations amend Statutory Rules 1985 No. 362, as amended by 1986 No. 252; 1987 Nos. 195 and 250; 1988 Nos. 141 and 241; 1989 Nos. 257 and 405; 1990 Nos. 303 and 420; 1991 No. 175; 1992 No. 252; 1993 No. 377; 1994 Nos. 64 and 457; 1995 Nos. 41 and 169; 1996 Nos. 17 (as amended by 1996 No. 82), 81, 82, 110 and 193; 1997 Nos. 183, 190, 265, 360 and 407; 1998 No. 75; 1999 No. 148; 2000 No. 343.

2. Notified in the Commonwealth of Australia Gazette