Export Inspection (Establishment Registration Charges) Amendment Regulations 2011 (No. 1) (Cth)

Export Inspection (Establishment Registration Charges) Amendment Regulations 2011 (No. 1)¹

Select Legislative Instrument 2011 No. 166

I, QUENTIN BRYCE, 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 14 September 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

JOSEPH WILLIAM LUDWIG

Minister for Agriculture, Fisheries and Forestry

Name of Regulations

These Regulations are the Export Inspection (Establishment Registration Charges) Amendment Regulations 2011 (No. 1).

Commencement

These Regulations commence on a day notified by the Minister in the Gazette for the purposes of this regulation.

Amendment of Export Inspection (Establishment Registration Charges) Regulations 1985

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

Transitional

(1)This regulation applies in relation to a person if:

(a)immediately before the day on which these Regulations commence, the person had paid, or was liable to pay, an amount of charge under the Export Inspection (Establishment Registration Charges) Regulations 1985; and

(b)the charge related to a meat establishment that is described in Part 1 of Schedule 3 to the Export Inspection (Establishment Registration Charges) Regulations 1985 (which is inserted by item [10] of Schedule 1 to these Regulations); and

(c)the amount of charge related to a part of a charge period (within the meaning of the Export Inspection (Establishment Registration Charges) Regulations 1985 as in force immediately before the day on which these Regulations commence) that would have fallen on or after that day.

(2)On and after the day on which these Regulations commence, the person is taken never to have been liable to pay the amount in relation to the part of the charge period that would have fallen on or after that day.

Note The amendments made by Schedule 1 to these Regulations change some of the charge periods for which charge is worked out under the Export Inspection (Establishment Registration Charges) Regulations 1985. Charge for charge periods starting on or after the day on which these Regulations commence is provided for by the amended Regulations.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 3, definition of AQIS

substitute

Australian Standard for Meat means the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption, (AS 4696–2007), published on 31 July 2007.

boning means a procedure (other than mechanical separation or rendering to produce meat fractions) for:

(a)removing the meat from the bones of a carcase or carcase part; or

(b)the production of bone-in or boneless meat cuts.

calendar month means one of the 12 months of the calendar year.

casing has the meaning given by suborder 8.1 of the Export Control (Meat and Meat Products) Orders 2005, as applied by Part 2 of those Orders.

[2] Regulation 3, definition of charge period

substitute

charge period:

(a)in relation to a meat establishment — means a calendar month commencing on or after the day on which this paragraph commences; and

(b)in relation to a dairy establishment — means a financial year commencing after 30 June 2009.

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

[3] Regulation 3, after definition of dairy establishment

insert

dressing:

(a)in relation to meat, other than game meat, means the progressive separation of the body of an animal into a carcase (or sides of a carcase), offal and inedible material; and

(b)in relation to game meat, means the process of removing the head, hide, skin, viscera, genital organs, urinary bladder and feet from a game animal.

[4] Regulation 3, after definition of fish product

insert

further processing means the processing of meat or meat products to form a new product with different characteristics and flavour, and includes curing, heat treating, drying, canning, fermenting and rendering.

[5] Regulation 3, definition of orders

omit

[6] Regulation 3, definition of prescribed month

substitute

slaughter means the killing of an animal, and includes the following:

(a)rendering the animal unconscious and insensible to pain;

(b)severing the large blood vessels of the animal to induce effective bleeding;

(c)bleeding the animal.

[7] Subregulation 4 (3)

substitute

(3)For subsection 6 (1) of the Act, the charge for the registration of an establishment in relation to the processing, packing or storage of a commodity mentioned in subregulation (1) is imposed in respect of the following periods:

(a)the period commencing when the establishment is first registered and ending at the end of the charge period during which it is first registered;

(b)each succeeding charge period during which the establishment is registered;

(c)on the registration of the establishment for operations in addition to that or those for which the establishment is registered — the period commencing when the establishment is registered for that or those operations and ending at the end of the charge period during which it is registered for that or those operations.

[8] Subregulation 7 (3), definition of charging days

substitute

charging days — see regulation 3.

[9] Regulations 8 and 9

substitute

Rates of charge for meat establishments

(1)For section 7 of the Act, the rate of charge for the registration of a meat establishment for a charge period is:

(a)the rate specified in the item in Part 1 of Schedule 3 that applies to the establishment; and

(b)any additional rate of charge for the registration of the meat establishment that is required under regulation 9.

(2)If a meat establishment is of a kind mentioned in more than one item in Part 1 of Schedule 3, the rate that applies to the establishment is the highest of the rates specified in those items.

Additional rates of charge for meat establishments — throughput charge

(1)For section 7 of the Act, this regulation sets out an additional rate of charge for the registration of a meat establishment mentioned in item 1 or 7 of Part 1 of Schedule 3 for a charge period.

(2)The rate is worked out by multiplying the throughput of the establishment by the rate per animal specified in column 3 of Part 2 of Schedule 3.

(3)In this regulation:

throughput of the establishment means the number of animals slaughtered or dressed at the establishment in the previous charge period.

[10] After Schedule 2

insert

Schedule 3 Registration charges for meat establishment

(regulations 8 and 9)

Part 1 Base registration charge

Item	Establishment	Rate per calendar month
1	Establishment used for the slaughter or dressing of an animal, other than poultry, for export	$840
2	Establishment used solely for the production, preparation, storage or handling of casings for export	$840
3	Establishment used for the storage, handling or transportation of meat or meat products for export	$840
4	Establishment used for the slaughter of poultry for export	$1 250
5	Establishment used for the further processing of meat or meat products for export	$1 250
6	Establishment used for the boning of meat or meat products for export	$1 250
7	Establishment that: (a) operates under the control of a food safety authority of a State or Territory; and (b) exports meat or meat products to countries that do not impose requirements on the export of meat or meat products that are not imposed by the Australian Standard for Meat	$840

Part 2 Throughput charge

Item	Type of animal	Rate per animal
1	Pig	$0.24
2	Sheep, goat or lamb	$0.18
3	Deer or game deer	$0.14
4	Emu or ostrich	$0.10
5	Calf	$0.07
6	Kangaroo or wild boar	$0.05
7	Rabbit, possum or hare	$0.02
8	Bull, cow, steer, heifer, buffalo, camel, donkey, horse or any other animal not mentioned in this Part	$0.70

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See