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

Statutory Rules 1997No. 265 1

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Export Inspection and Meat (Establishment Registration Charges) Regulations2 (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 (Establishment Registration Charges) Act 1985.

Dated 17 September 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN ANDERSON

Minister for Primary Industries and Energy

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1.   Commencement

1.1   These Regulations are taken to have commenced on 1 July 1997.

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 “apportionment factor”:

Omit the definition.

[NOTE:  In the heading to regulation 3 of the Export Inspection and Meat (Establishment Registration Charges) Regulations, “Definitions” should be substituted for “Interpretation”.]

4.   Regulation 7 (Rates of charge—meat establishments)

4.1   Omit the regulation, substitute:

Rates of charge—meat establishments

 “7. (1) For this regulation and regulation 8, an export slaughter establishment is taken to be a contributing export slaughter establishment for a charge period if:

1. (a)

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

   1. (i)

      1 or more separately registered export boning establishments; or

   2. (ii)

      1 or more separately registered export processing establishments; and

2. (b)

   before the first day on which charge for the charge period is due for payment, the registered occupier of the export slaughter establishment tells the Secretary (in writing) of the occupier’s intention to pay charge for the charge period for the other, or each other, establishment located in the same premises; and

3. (c)

   the registered occupier of the export slaughter establishment pays charge for the charge period for:

   1. (i)

      the export slaughter establishment; and

   2. (ii)

      the other, or each other, establishment located in the premises on behalf of that establishment or those establishments.

 “(2) The rate of charge for a meat establishment (except an export slaughter establishment, or an export boning establishment or export processing establishment to which, and for a charge period during which, regulation 8 applies to it) for a charge period is:

1. (a)

   if the charge day for the establishment and the charge period is 1 July—the rate specified in the item in Schedule 2 that applies to the establishment; or

2. (b)

   if the charge day for the establishment and the charge period is not 1 July—the rate worked out by the formula:

 

 where:

‘annual rate’ means the rate specified in the item in Schedule 2 that applies to the establishment;

‘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 last day of the charge period.

 “(3) The rate of charge for an export slaughter establishment (including a contributing export slaughter establishment) for a charge period (except the first charge period during which the establishment is registered) is the rate set out in the item in Schedule 2 that applies to the establishment.

 “(4) The rate of charge for an export slaughter establishment for the first charge period during which the establishment is registered is the rate worked out using the formula:

 

 where:

‘annual rate’ means the rate specified in item 11 in Schedule 2;

‘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 last day of the charge period.

Charge for certain establishments associated with a contributing export slaughter establishment

 “8. (1) This regulation applies to an export boning establishment or export processing establishment located in the same premises as a separately registered export slaughter establishment for a charge period during which the export slaughter establishment is a contributing export slaughter establishment.

[NOTE:  For ‘contributing export slaughter establishment’, see subregulation 7 (1).]

 “(2) If the export boning establishment or export processing establishment is the only establishment of that kind located in the premises, the charge for the establishment for the charge period is the amount of charge specified in the item in Schedule 2 that would apply to the establishment if it were independent.

 “(3) If there are 2 or more separately registered export boning establishments located in the premises, the total charge for all of those export boning establishments for the charge period is the higher or highest amount of charge set out in the items in Schedule 2 applicable to any of the establishments if it were independent.

 “(4) If there are 2 or more separately registered export processing establishments located in the premises, the total charge for all of those export processing establishments for the charge period is the higher or highest amount of charge set out in the items in Schedule 2 applicable to any of the establishments if it were independent.

 “(5) For this regulation and items 5 to 10 (inclusive) in Schedule 2, an export boning establishment or export processing establishment is independent for a charge period if it is not located in the same premises as:

1. (a)

   a separately registered export slaughter establishment that is, for the charge period, a contributing export slaughter establishment; or

2. (b)

   another separately registered establishment of the same kind.”.

5.   Regulations 12 (Contributing export slaughter establishment) and 12A (Charge for contributing export slaughter establishment)

5.1   Omit the regulations.

6.   Regulation 13 (Apportionment factors for calculation of charge)

6.1   Subregulation 13 (1):

Omit “item 17”, substitute “item 15”.

6.2   Subregulation 13 (1) (definition of “notional charge for boning establishment”):

Omit “item 9, 10 or 11”, substitute “item 8, 9 or 10”.

6.3   Subregulation 13 (1) (definition of “total charge for boning establishments”):

Omit “items 9, 10 and 11”, substitute “items 8, 9 and 10”.

6.4   Subregulation 13 (2):

Omit “item 18”, substitute “item 16”.

6.5   Subregulation 13 (1) (definition of “notional charge for processing establishment”):

Omit “item 6, 7 or 8”, substitute “item 5, 6 or 7”.

6.6   Subregulation 13 (1) (definition of “total charge for processing establishments”):

Omit “items 6, 7 and 8”, substitute “items 5, 6 and 7”.

7.   Schedule 2 (Registration charges—meat establishments)

7.1   Omit the schedule, substitute:

 SCHEDULE 2 Regulation 7

REGISTRATION CHARGES—MEAT ESTABLISHMENTS

Column 1 Item	Column 2 Kind of establishment	Column 3 Rate
1	Export coldstore that presented 10,000 tonnes or less of meat or meat products for export inspection in the financial year before the charge period	$1,000
2	Export coldstore that presented more than 10,000 tonnes of meat or meat products for export inspection in the financial year before the charge period	$2,000
3	Export casings establishment that exported 100 tonnes or more of meat or meat products in the financial year before the charge period	$7,000
4	Export casings establishment that exported less than 100 tonnes of meat or meat products in the financial year before the charge period	$500
5	Independent export processing establishment that exported less than 50 tonnes of meat or meat products in the financial year before the charge period	$1,500
6	Independent export processing establishment that exported 50 tonnes or more of meat or meat products in the financial year before the charge period	$11,560
7	Independent export processing establishment at which an AQA arrangement is in force for all operations	$2,000
8	Independent export boning establishment that packed 1,500 tonnes or less of meat or meat products in the financial year before the charge period	$8,280
9	Independent export boning establishment that packed more than 1,500 tonnes of meat or meat products but not more than 4,000 tonnes in the financial year before the charge period	$11,560
10	Independent export boning establishment that packed more than 4,000 tonnes of meat or meat products in the charging year before the charge period	$16,560
11	Export slaughter establishment that slaughtered less than 750 tonnes of meat or meat products in the financial year before the charging period	$5,000
12	Export slaughter establishment that slaughtered 750 tonnes or more (but not more than 10,000 tonnes) of meat or meat products in the financial year before the charge period	$30,350
13	Export slaughter establishment that slaughtered more than 10,000 tonnes of meat or meat products but not more than 20,000 tonnes in the financial year before the charging period	$60,700
14	Export slaughter establishment that slaughtered more than 20,000 tonnes of meat or meat products in the financial year before the charge period	$70,700
15	Export boning establishment located in the same premises as another export boning establishment and an export slaughter establishment that is not a contributing export slaughter establishment	The amount that is the highest amount set out in an item in this Schedule for any of the export boning establishments, multiplied by the apportionment factor worked out as set out in subregulation 13 (1)
16	Export processing establishment located in the same premises as another export processing establishment and an export slaughter establishment that is not a contributing export slaughter establishment	The amount that is the highest amount set out in an item in this Schedule for any of the export processing establishments, multiplied by the apportionment factor worked out as set out in subregulation 13 (2)

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 September 1997.

2. 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 and 190.