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

Statutory Rules 1993

No. 377 1

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Export Inspection (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 22 December 1993.

 BILL HAYDEN

  Governor-General

By His Excellency’s Command,

NICK SHERRY

Parliamentary Secretary to the Minister for Primary Industries and Energy for the Minister for Primary Industries and Energy

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1.   Commencement

1.1   These Regulations commence on 1 January 1994.

2.   Amendment

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

3.   Regulation 2 (Citation)

3.1   Omit “Export Inspection (Establishment Registration Charges) Regulations”, substitute “Export Inspection and Meat (Establishment Registration Charges) Regulations”.

4.   Regulation 3 (Interpretation)

4.1   Insert the following definitions:

“‘AQIS’ means the operating group, known as the Australian Quarantine and Inspection Service, in the Department;

‘boning’ means:

• (a)

  the procedure by which meat is removed from the bones of a carcase, a portion of a carcase or a carcase part; or

• (b)

  the production of bone-in meat cuts; or

• (c)

  the production of boneless meat cuts;

but does not include the production of meat fractions or mechanically separated meat;

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

‘charge period’, in relation to a meat establishment, means:

• (a)

  the period beginning on 1 January 1994 and ending at the end of 30 June 1994; or

• (b)

  a financial year beginning after 30 June 1994;

as the case requires;

‘dressing’, in relation to slaughtered animals, includes:

• (a)

  in the case of animals other than pigs and goats—the removal of:

  • (i)

    the head; and

  • (ii)

    the skin including that of the head specified in the orders; and

  • (iii)

    the viscera; and

  • (iv)

    the genital organs to the extent necessary; and

  • (v)

    the urinary bladder; and

  • (vi)

    the feet distal to the carpal and tarsal joints; and

  • (vii)

    the udders of mature or lactating animals; and

• (b)

  in the case of pigs—the removal of:

  • (i)

    the hair and bristles; and

  • (ii)

    the toe-nails; and

  • (iii)

    the eyelids; and

  • (iv)

    the viscera; and

  • (v)

    the genital organs, to the extent necessary; and

  • (vi)

    the urinary bladder; and

  • (vii)

    the udders of mature or lactating sows; and

• (c)

  in the case of goats—the removal of:

  • (i)

    the head; and

  • (ii)

    the skin including that of the head specified in the orders, except where dressed as skin-on in which case the hair must be removed; and

  • (iii)

    the viscera; and

  • (iv)

    the genital organs, to the extent necessary; and

  • (v)

    the urinary bladder; and

  • (vi)

    the feet distal to the carpal and tarsal joints; and

  • (vii)

    the udders of mature or lactating does;

‘EU listing’, in relation to a meat establishment, means the notification under subregulation 11 (1), by AQIS to the occupier of an establishment that it is an establishment within which meat or meat products may be prepared for export to the European Union;

‘export boning establishment’ means an establishment registered for boning meat for export;

‘export casings establishment’ means an establishment registered for:

• (a)

  producing; or

• (b)

  producing and storing;

raw or processed animal intestines for export;

‘export coldstore’ means an establishment:

• (a)

  registered for storing meat or meat products in a chilled or frozen form for export; and

• (b)

  registered for packing, storing, chilling, freezing, handling or loading meat or meat products for export; and

• (c)

  not registered for any other operation in relation to the preparation of meat for export;

‘export processing establishment’ means an establishment registered for:

• (a)

  processing (other than boning); or

• (b)

  producing (other than boning);

meat or meat products for export;

‘export slaughter establishment’ means an establishment registered for:

• (a)

  slaughtering animals for export; or

• (b)

  dressing slaughtered animals for export;

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

‘low volume exporter’ means an exporter:

• (a)

  who does not export more than 50 tonnes of meat or meat products in a year ; and

• (b)

  who does not export more than 2 tonnes of meat or meat products in any one week in that year;

‘meat establishment’ means an establishment registered for any operations associated with the preparation of meat;

‘non-meat establishment’ means an establishment:

• (a)

  registered for any operations associated with the preparation of a commodity prescribed in sub‑regulation 4 (1) other than meat; and

• (b)

  that is not a meat establishment;

‘orders’ means orders made under the Export Control Act 1982;

‘US listing’, in relation to a meat establishment, means the notification under subregulation 11 (2), by AQIS to the occupier of an establishment that it is an establishment within which meat or meat products may be prepared for export to the United States of America.”.

5.   Regulation 4 (Imposition of charge)

5.1   Subregulation 4 (1):

After paragraph 4 (1) (k), insert:

• “; (l)

  meat.”.

5.2   Subregulation 4 (2):

Omit “an establishment”, substitute “a non-meat establishment”.

6.   Regulation 6 (Rates of charge)

6.1   Paragraph 6 (a):

Omit “an establishment”, substitute “a non-meat establishment”.

6.2   Paragraph 6 (a):

Omit “the Schedule”, substitute “Schedule 1”.

6.3   Paragraph 6 (b):

Omit “an establishment”, substitute “a non-meat establishment”.

6.4   Paragraph 6 (b):

Omit “the Schedule”, substitute “Schedule 1”.

7.   New regulations 

7.1   After regulation 6, insert:

Amount of charge—financial years commencing after 30 June 1994

“7. (1)   If the charge day is 1 July in any financial year that begins on or after 1 July 1994, the rate of the charge in relation to the registration of a meat establishment is the rate applicable to meat establishments of that kind specified in an item in Schedule 2.

“(2)   If the charge day is any day, other than 1 July, in any financial year that begins on or after 1 July 1994, the rate of the charge in relation to the registration of a meat establishment is worked out using the formula:

annual rate

x  charging days  

365

where:

‘annual rate’ means the rate  specified for a year, in relation to the registration of meat establishments of that kind, in an item in Schedule 2;

‘charging days’ mean the number of days in the period commencing on the beginning of the charge day and ending on the last day of the financial year.

Amount of charge —financial year commencing on 1 July 1993

“8.(1)

 If the charge day is 1 January 1994, the rate of the charge in relation to the registration of a meat establishment is the rate applicable to meat establishments of that kind specified in an item in Schedule 3.

“(2)

 If the charge day is any day after 1 January 1994 and before 1 July 1994, the rate of the charge in relation to the registration of a meat establishment is worked out using the formula:

half year rate

X  charging days  

183

where:

‘half year rate’ means the rate specified in an item in Schedule 3, in relation to the registration of meat establishments of that kind, for the period of 6 months commencing on 1 January 1994;

‘charging days’ mean the number of days in the period commencing on the charge day and ending on 30 June 1994 .

Establishment specified in more than one item

“9. (1)   If a meat establishment is of a kind specified in column 2 in more than one item in Schedule 2, the rate of charge is the higher or highest of the rates specified in column 3 for those items.

“(2)   If a meat establishment is of a kind specified in column 2 in more than one item in Schedule 3, the rate of charge is the higher or highest of the rates specified in column 3 for those items.

Reduction in charge for meat

establishment previously on the anniversary system

“10. If charge was imposed under the Export Inspection (Establishment Registration Charges) Regulations as amended and in force immediately before the commencement of this regulation in the period commencing on 2 January 1993 and ending on 31 December 1993 in relation to the registration of a meat establishment and the charge included an amount for a period commencing on 1 January 1994:

• (a)

  charge calculated on 1 January 1994 under subregulation 8 (1) is reduced by the amount equal to the amount imposed in relation to that period; and

• (b)

  if the amount imposed in relation to that period is greater than the amount of charge payable for the charge period commencing on 1 January 1994—charge calculated on 1 July 1994 under subregulation 7 (1) is reduced by the amount equal to the amount by which the amount imposed in relation to the period commencing on 1 January 1994 exceeds the amount of charge payable for the charge period commencing on that day.

Export meat establishments—European Union and USA

“11. (1)   If AQIS is informed by a competent authority of the European Union that a meat establishment is one within which meat or meat products may be prepared for export to the European Union, AQIS must notify the occupier of the establishment accordingly.

“(2)   If AQIS is informed by a competent authority of the United States of America that a meat establishment is one within which meat or meat products may be prepared for export to the United States of America, AQIS must notify the occupier of the establishment accordingly.”.

8.   Schedule

8.1   Omit the heading, substitute:

“SCHEDULE 1

REGISTRATION CHARGES FOR NON-MEAT

ESTABLISHMENTS Regulation 6”.

8.2   After item 2, insert:

“2A. An establishment, being a vessel, registered solely for catching, chilling and shucking abalone $100.00”

9.   New Schedules 2 and 3

9.1   Add at the end:

SCHEDULE 2

ANNUAL REGISTRATION CHARGES FOR MEAT

ESTABLISHMENTS Regulation 7”.

Item number	Kind of establishment	Rate per year
1.	Export coldstore	$ 2,480
2.	Export casings establishment	$ 7,740
3.	Export processing establishment—low volume exporters	$ 6,190
4.	Export processing establishment	$ 25,735
5.	Independent export boning establishment without US listing or EU listing	$ 32,170
6.	Independent export boning establishment with EU listing	$ 38,600
7.	Independent export boning establishment with US listing	$ 35,385
8.	Independent export boning establishment with both US listing and EU listing	$ 45,040
9.	Export slaughter establishment without US listing or EU listing	$ 38,600
10.	Export slaughter establishment with US listing	$ 41,820

SCHEDULE 2—continued

Item number	Kind of establishment	Rate per year
11.	Export slaughter establishment with EU listing	$ 45,040
12.	Export slaughter establishment with both US listing and EU listing	$ 51, 470
13.	Export slaughter establishment located in the same premises as an export boning establishment or an export processing establishment	The sum of: (a) the amount specified in item 9, 10, 11 or 12 for the export slaughter establishment; and (b) the highest amount (if any) specified in item 5, 6, 7, or 8 for an export boning establishment located in the same premises as the export slaughter establishment; and (c) the highest amount (if any) specified in item 3 or 4 for an export processing establishment located in the same premises as the export slaughter establishment.

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SCHEDULE 3

REGISTRATION CHARGES FOR MEAT

ESTABLISHMENTS REGISTERED IN THE

FINANCIAL YEARCOMMENCING

ON 1 JULY 1993 Regulation 8”.

Item number	Kind of establishment	Rate for 6 month period commencing on 1 January 1994
1.	Export coldstore	$ 1,240
2.	Export casings establishment	$ 3,870
3.	Export processing establishment—low volume exporters	$ 3,095
4.	Export processing establishment	$ 12,870
5.	Independent export boning establishment without US listing or EU listing	$ 16,085
6.	Independent export boning establishment with EU listing	$ 19,300
7.	Independent export boning establishment with US listing	$ 17,685
8.	Independent export boning establishment with both US listing and EU listing	$ 22,520
9.	Export slaughter establishment without USlisting  or EU listing	$ 19,300
10.	Export slaughter establishment with US listing	$ 20,910
11.	Export slaughter establishment with EU listing	$ 22,520
12.	Export slaughter establishment with both US listing and EU listing	$ 25,735

SCHEDULE 3—continued

Item number	Kind of establishment	Rate for 6 month period commencing on 1 January 1994
13.	Export slaughter establishment located in the same premises as an export boning establishment or an export processing establishment	The sum of: (a) the amount specified in item 9, 10, 11 or 12 for the export slaughter establishment; and (b) the highest amount (if any) specified in item 5, 6, 7, or 8 for an export boning establishment located in the same premises as the export slaughter establishment; and (c) the highest amount (if any) specified in item 3 or 4 for an export processing establishment located in the same premises as the export slaughter establishment.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1993.

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.