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

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Statutory Rules 1996

No. 17 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 (Establishment Registration Charges) Act 1985.

Dated 24 January 1996.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

____________

1.   Commencement

1.1   These Regulations commence on 1 February 1996.

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 “contributing export slaughter establishment”:

Omit the definition.

3.2   Insert the following definition:

“‘meat product’ means a food product (except soup) suitable for human consumption that:

  • (a)

    is produced from meat; and

  • (b)

    contains more than 5%, by weight, of meat; and

  • (c)

    the preparation of which has included any process in addition to boning, slicing or trimming.”.

[NOTE: The following notes are taken to be added at the end:

“[NOTES: 1. Various expressions used in these Regulations are defined under the Export Inspection and Meat Charges Collection Act 1985, for example, ‘establishment’, ‘meat’, ‘meat product’ and ‘registered occupier’. 

 2. Other provisions relating to establishment registration charges (including when charge is due for payment) are set out in the Export Inspection Meat Charges Collection Regulations.]”.]

4.   Regulation 4 (Imposition of charge)

4.1   Subregulation 4 (1):

After paragraph 4 (1) (l), insert:

  • “(i)

    meat, including meat products.”.

4.2   Paragraph 4 (1) (l):

Omit the paragraph.

5.   Regulation 7 (Amount of charge—1994 and 1995 financial years)

5.1   Subregulation 7 (1):

Omit the subregulation, substitute:

 “(1) If, in relation to a meat establishment and a charge period, the charge day is 1 July, the rate of charge is the rate specified in the item in Schedule 2 that describes meat establishments of that kind.”.

5.2   Subregulation 7 (2):

Omit “If the charge day is any day, other than 1 July, in any financial year that begins on or after 1 July 1994,”, substitute: “If, in relation to a meat establishment and a charge period, the charge day is a day other than 1 July,”.

6.   Regulation 8 (Amount of charge—financial year commencing on 1 July 1993)

6.1   Omit the regulation.

7.   Regulation 10 (Reduction in charge for meat establishment previously on the anniversary system)

7.1.   Omit the regulation.

8.   Regulation 12 (Payments by export slaughter establishments)

8.1   Omit the regulation, substitute:

Contributing export slaughter establishment

 “12.(1) This regulation applies to an export slaughter establishment that is located in the same premises as:

  • (i)

    a separately registered export boning establishment; or

  • (ii)

    a separately registered export processing establishment.

 (2) If the registered occupier of the export slaughter establishment:

  • (a)

    pays charge for a financial year on behalf of the other establishments located in the premises; and

  • (b)

    has notified the Secretary, in writing, before the first day on which charge for the financial year is due for payment, of the intention to pay charge on behalf of those establishments;

the export slaughter establishment is taken to be a contributing export slaughter establishment for the purposes of these Regulations.”.

9.   New regulation 12A

9.1   After regulation 12, insert:

Charge for contributing export slaughter establishment

 “12A. The registration charge for a contributing export slaughter establishment is the sum of:

  • (a)

    the amount specified in Schedule 2 for a contributing export slaughter establishment; and

  • (b)

    in respect of boning establishments:

    • (i)

      if there is one such establishment located in the premises—the amount specified in item 7, 8, 9 or 10 in the Schedule for a boning establishment of that kind; or

    • (ii)

      if there is more than one such establishment located in the premises—the highest amount specified in the Schedule for any of those establishments; and

  • (c)

    in respect of export processing establishments:

    • (i)

      if there is one such establishment located in the premises—the amount specified in item 4, 5 or 6 in the Schedule for an establishment of that kind; and

    • (ii)

      if there is more than one such establishment located in the premises—the highest amount specified in the Schedule for any of those establishments.”.

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

10.1   Subregulation 13 (1):

Omit “item 15 of Schedule 2”, substitute “item 17 of Schedule 2”.

10.2   Subregulation 13 (1):

Omit “item 5, 6, 7, or 8 of Schedule 2” (twice occurring), substitute “item 7, 8, 9, or 10 of Schedule 2”.

10.3   Subregulation 13 (1):

Omit “separately-registered”, substitute “separately registered”.

10.4   Subregulation 13 (2):

Omit “item 16 of Schedule 2”, substitute “item 18 of Schedule 2”.

10.5   Subregulation 13 (2):

Omit “item 3, 3A or 4 of Schedule 2”, substitute “item 4, 5 or 6 of Schedule 2”.

10.6   Subregulation 13 (2):

Omit “items 3, 3A and 4 of Schedule 2”, substitute “items 4, 5 and 6 of Schedule 2”.

10.7   Subregulation 13 (2):

Omit “separately-registered”, substitute “separately registered”.

11.   New Schedule 2

11.1   Omit the Schedule, substitute:

 “SCHEDULE 2  Subregulation 7 (1)

REGISTRATION CHARGE—MEAT ESTABLISHMENT

Item No.

Kind of establishment

Rate

1.

Export coldstore

$1,863

2.

Export casings establishment that exported 100 tonnes or more of meat or meat products in the financial year immediately preceding the charge period

$3,716

3.

Export casings establishment that exported less than 100 tonnes of meat or meat products in the financial year immediately preceding the charge period

$2,466

4.

Independent export processing establishment (except an establishment described in item 5 or 6)

$10,958

5.

Independent export processing establishment—low volume exporter

$2,430

6.

Independent export processing establishment at which an AQA arrangement is in force for all operations

$2,430

7.

Independent export boning establishment not having US listing or EU listing

$12,833

8.

Independent export boning establishment having EU listing

$14,708

9.

Independent export boning establishment having US listing

$13,766

10.

Independent export boning establishment having both US listing and EU listing

$16,587

11.

Export slaughter establishment not having US listing or EU listing

$35,163

12.

Export slaughter establishment having US listing

$37,041

13.

Export slaughter establishment having EU listing

$38,919

14.

Export slaughter establishment having both US listing and EU listing

$42, 670

15.

Contributing export slaughter establishment

The sum of:

(a) the amount specified in item 11, 12, 13 or 14, for an export slaughter estab-lishment of that kind; and

(b) an additional amount ascertain-ed in accordance with regulation 12A

16.

Export slaughter establishment that:

(a) is located in the same premises as a separately registered export boning establishment or a separately registered export processing establishment; and

(b) is not a contributing export slaughter establishment

The amount specified in item 11, 12, 13, or 14 for an export slaughter establishment of the same kind

17.

Export boning establishment that is located in the same premises as an export slaughter establishment that is not a contributing export slaughter establishment:

(a) if it is the only boning establishment in the premises

(b) if it is not the only boning establishment in the premises

The amount specified in item 7, 8, 9 or 10 for a boning establishment of that kind, multiplied by the apportionment factor

The amount that is the highest amount specified for any of those boning establishments, multiplied by the apportionment factor

18.

Export processing establishment located in the same premises as an export slaughter establishment that is not a contributing export slaughter establishment:

(a) if it is the only export processing establishment in the premises

(b) if it is not the only export processing establishment in the premises

The amount specified in item 4, 5, or 6 for an export processing establish-ment of that kind, multiplied by the apportionment factor

The amount that is the highest amount specified for any of those export processing establish-ments, multiplied by the apportionment factor

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 January 1996.

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.

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