Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 64 1

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Export Inspection and Meat (Establishment Registration Charges) Regulations 2(Amendment)

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

Dated 15 March 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

bob collins

Minister for Primary Industries and Energy

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1.   Commencement

1.1   Subregulations 3.1 and 3.2, and regulations 5 and 7, are taken to have commenced on 1 January 1994.

[NOTE: The remainder of these Regulations commences on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Export Inspection and Meat (Establishment Registration Charges) Regulations are amended as set out in these Regulations.

3.   Regulation 3 (Interpretation)

3.1   Definition of “low volume exporter”:

Omit the definition, substitute:

“ ‘low volume exporter’ means:

• (a)

  for the financial year ending on 30 June 1994—an exporter who does not export more than 50 tonnes of meat or meat products in a financial year; and

• (b)

  for a subsequent financial year—an exporter who did not export more than 50 tonnes of meat or meat products in the immediately preceding financial year;”.

3.2   Insert the following definitions:

“ ‘AQA arrangement’ means an Approved Quality Assurance arrangement approved under order 476 of the Export Meat Orders as in force on 1 January 1994;

‘independent export processing establishment’ means an export processing establishment that is not located in the same premises as an export slaughter establishment;”.

3.3   Insert the following definitions:

“ ‘apportionment factor’ means:

• (a)

  for an export boning establishment referred to in column 2 of item 15 in Schedule 2 or 3—the factor set out in subregulation 13 (1); and

• (b)

  for an export processing establishment referred to in column 2 of item 16 in Schedule 2 or 3—the factor set out in subregulation 13 (2);

‘contributing export slaughter establishment’ means an export slaughter establishment whose registered occupier notifies the Secretary under regulation 12;”.

4.   New regulations 12 and 13

4.1   After regulation 11, insert:

Payments by export slaughter establishments

“12.

If:

• (a)

  an export slaughter establishment is located in the same premises as:

  • (i)

    a separately-registered export boning establishment; or

  • (ii)

    a separately-registered export processing establishment; and

• (b)

  the registered occupier of the export slaughter establishment intends to pay charge for a financial year on behalf of all of the establishments located in the premises;

the occupier must notify the Secretary in writing of the occupier’s intention before the first day on which the charge for that year is due for payment.

[NOTE: If the occupier notifies the Secretary, the export slaughter establishment becomes a contributing export slaughter establishment to which item 13 of Schedule 2 or 3 applies. If the occupier does not notify the Secretary, item 14 of Schedule 2 or 3 applies to the export slaughter establishment, and items 15 and 16 will apply to the other establishments sharing the premises.]

Factors for calculation of charge

“13.

(1) For the purposes of item 15 of Schedule 2 and item 15 of Schedule 3, the factor by which an amount of charge for an export boning establishment is to be multiplied is:

where:

‘notional charge for boning establishment’ means the rate of charge that would apply under item 5, 6, 7 or 8 of Schedule 2 or Schedule 3 to the relevant export boning establishment if it were an independent export boning establishment;

‘total charge for boning establishments’ means the sum of the rates of charge that would apply under items 5, 6, 7 and 8 of Schedule 2 or Schedule 3 to each separately-registered export boning establishment in the relevant premises if each establishment were an independent export boning establishment.

“(2)

For the purposes of item 16 of Schedule 2 and item 16 of Schedule 3, the factor by which an amount of charge for an export processing establishment is to be multiplied is:

where:

‘notional charge for processing establishment’ means the rate of charge that would apply under item 3, 3A or 4 of Schedule 2 or Schedule 3 to the relevant export processing establishment if it were an independent export processing establishment;

‘total charge for processing establishments’ means the sum of the rates of charge that would apply under items 3, 3A and 4 of Schedule 2 or Schedule 3 to each separately-registered export processing establishment in the relevant premises if each establishment were an independent export processing establishment.”.

5.   Schedule 2 (Annual registration charges for meat establishments)

5.1   Column 3 of item 2:

Omit “$7,740”, substitute “$3,870”.

5.2   Column 2 of item 3:

Omit “Export”, substitute “Independent export”.

5.3   Column 3 of item 3:

Omit “$6,190”, substitute “$3,095”.

5.4   After item 3, insert:

“3A Independent export processing establishment at which an AQA arrangement is in force for all operations $3,095”.

5.5   Column 2 of item 4:

Omit “Export”, substitute “Independent export”.

5.6   Column 3 of item 4:

Omit “$25,735”, substitute “$12,870”.

5.7   Column 3 of item 5:

Omit “$32,170”, substitute “$16,085”.

5.8   Column 3 of item 6:

Omit “$38,600”, substitute “$19,300”.

5.9   Column 3 of item 7:

Omit “$35,385”, substitute “$17,685”.

5.10   Column 3 of item 8:

Omit “$45,040”, substitute “$22,520”.

5.11   Column 3 of item 13:

Omit from paragraph (c) “item 3 or 4”, substitute “item 3, 3A or 4”.

6.   Schedule 2 (Annual registration charges for meat establishments)

6.1   Column 2 of item 13:

Omit the column, substitute:

“Contributing export slaughter establishment”.

6.2   Add at the end of the Schedule:

“14	Export slaughter establishment, located in the same premises as a separately-registered export boning establishment or a separately-registered export processing establishment, that is not a contributing export slaughter establishment	The amount (if any) specified in item 9, 10, 11 or 12 for the kind of export slaughter establishment
15	Export boning establishment located in the same premises as an export slaughter establishment that is not a contributing export slaughter establishment	The highest amount (if any) specified in item 5, 6, 7 or 8 for any of the export boning establishments located in the premises, multiplied by the apportionment factor
16	Export processing establishment located in the same premises as an export slaughter establishment that is not a contributing export slaughter establishment	The highest amount (if any) specified in item 3, 3A or 4 for any of the export processing establishments in the premises, multiplied by the apportionment factor”.

7.   Schedule 3 (Registration charges for meat establishments registered in the financial year commencing on 1 July 1993)

7.1   Column 3 of item 2:

Omit “$3,870”, substitute “$1,935”.

7.2   Column 2 of item 3:

Omit “Export”, substitute “Independent export”.

7.3   Column 3 of item 3:

Omit “$3,095”, substitute “$1,548”.

7.4   After item 3, insert:

“3A Independent export processing establishment at which an AQA arrangement  is in force for all operations $1,548”.

7.5   Column 2 of item 4:

Omit “Export”, substitute “Independent export”.

7.6   Column 3 of item 4:

Omit “$12,870”, substitute “$6,435”.

7.7   Column 3 of item 5:

Omit “$16,085”, substitute “$8,043”.

7.8   Column 3 of item 6:

Omit “$19,300”, substitute “$9,650”.

7.9   Column 3 of item 7:

Omit “$17,685”, substitute “$8,843”.

7.10   Column 3 of item 8:

Omit “$22,520”, substitute “$11,260”.

7.11   Column 3 of item 13:

Omit from paragraph (c) “item 3 or 4”, substitute “item 3, 3A or 4”.

8.   Schedule 3 (Registration charges for meat establishments registered in the financial year commencing on 1 July 1993)

8.1   Column 2 of item 13:

Omit the column, substitute:

“Contributing export slaughter establishment”.

8.2   Add at the end of the Schedule:

“14	Contributing export slaughter establishment, located in the same premises as a separately-registered export boning establishment or a separately-registered export processing establishment, that is not a contributing export slaughter establishment	The amount (if any) specified in item 9, 10, 11 or 12 for the kind of export slaughter establishment
15	Export boning establishment located in the same premises as an export slaughter establishment that is not a contributing export slaughter establishment	The highest amount (if any) specified in item 5, 6, 7 or 8 for any of the export boning establishments located in the premises, multiplied by the apportionment factor
16	Export processing establishment located in the same premises as an export slaughter establishment that is not a contributing export slaughter establishment	The highest amount (if any) specified in item 3, 3A or 4 for any of the export processing establishments in the premises, multiplied by the apportionment factor”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 March 1994.

2. Statutory Rules 1985 No. 362 as amended by 1986 Nos. 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.