Domestic Meat Premises Charge Regulations (Amendment)

Administered by Department of Agriculture

Legislation au F1996B01287 Regulations Not in force Legislative Instrument

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Domestic Meat Premises Charge Regulations (Amendment) 1996 No. 16

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 16

Issued by the authority of the Minister for Primary Industries and Energy

Domestic Meat Premises Charge Act 1993

Domestic Meat Premises Charge Regulations (Amendment)

Section 10 of the Domestic Meat Premises Charge Act 1993 (the Act) provides that the GovernorGeneral may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Domestic Meat Premises Charge Regulations (the Regulations) prescribe establishment classifications and rates of charge imposed by the Act. Establishments are classified into categories of killing or processing plants depending on the type of activity that is undertaken. The rates of charge for each category are determined on the basis of the Australian Quarantine and Inspection Services (AQIS's) direct and indirect effort in servicing establishments in each category.

The purpose of the Domestic Meat Premises Charge Regulations (Amendment) is to add an additional establishment classification and charge. Industry has requested the creation of an Item to allow specific fees to be set for abattoirs with Quality Assurance Agreements which employ Australian Quarantine and Inspection Service (AQIS) inspectors for less than 5,000 hours each financial year. Abattoirs in this category now receive a significantly reduced registration charge.

The existing Item for abattoirs with Quality Assurance Agreements approved under Part 7 of the Meal Inspection (General) Orders has also been amended to specify abattoirs employing AQIS inspectors for more than 5,000 hours each financial year. The amount of charge for abattoirs in this category remains the same.

Abattoirs are encouraged to take responsibility for the inspection and quality of their product by assuming quality assurance arrangements. Companies undergo quality assurance training and when set standards are achieved, are given formal accreditation. Once a company is accredited, the Australian Quarantine and Inspection Service (AQIS) performs an 'audit' role, whereby standards and procedures are regularly monitored and reported on.

The establishment registration charges are part of the mix of charges agreed by industry to recover the costs of providing domestic meat inspection services.

The Domestic Meat Premises Charge Regulations (Amendment) amends the Regulations as follows:

Regulation 1 - Commencement

Subregulation 1.1 provides for the Domestic Meat Premises Charge Regulations to commence on 1 February 1996.

Regulation 2 - Amendment

Subregulation 2.1 provides that the Regulations are amended as set out in the Domestic Meat Premises Charge Regulations (Amendment).

Regulation 3 - Charge for a financial year

Subregulation 3.1 revises the previous heading for regulation 5 of the Regulations. Previously the heading specified "charge for a financial year beginning on or after 1 July 1994". This has now been clarified to "charge for a financial year".

The previous clarification was necessary due to the introduction of a charge during the 1993/94 financial year. A separate rate applied in years subsequent to the part-year rate applied in 1993/94.

Regulation 4 - Charge for the 1993/1994 financial year

Subregulation 4.1 omits regulation 6 of the Regulations. This regulation specified the basis for charge in the 1993/94 financial year and is no longer valid.

Regulation 5 - Schedule 2 (Annual Registration Charges for Meat Establishments)

Subregulation 5.1 replaces the existing Schedule 2 with an amended Schedule. The new Schedule introduces a new Sub-Item for Abattoirs with a Quality Assurance Agreement approved under Part 7 of the Meat Inspection (General) Orders for all operations at the abattoir. Item 5(a) sets an amount of charge of $1,325 for abattoirs where the number of inspection hours received in the previous financial year is 5,000 or fewer. The previous Item that covered all abattoirs with Quality Assurance Agreements is amended by Item 5(b) to specify abattoirs employing more than 5,000 hours each financial year. The charge for abattoirs in this category remains the same.

The amended Schedule has also been re-arranged to categorise abattoirs in a more orderly and userfriendly manner.

 

Overview

The Domestic Meat Premises Charge Regulations (Amendment) 1996, issued under the authority of the Minister for Primary Industries and Energy, amends the Domestic Meat Premises Charge Regulations 1993. This amendment was introduced to address a specific industry request to create a new classification and corresponding fee for abattoirs with Quality Assurance Agreements that employ Australian Quarantine and Inspection Service (AQIS) inspectors for less than 5,000 hours each financial year. The policy objective is to encourage abattoirs to take responsibility for the inspection and quality of their products by providing a reduced registration charge for those that meet certain criteria, while ensuring that AQIS can continue to effectively monitor and report on standards and procedures through its audit role.

Scope and Application

The Domestic Meat Premises Charge Regulations (Amendment) 1996 No. 16 applies to meat establishments, specifically abattoirs, operating within Australia and governed by the Domestic Meat Premises Charge Act 1993. These regulations pertain to the establishment classifications and associated fees for meat premises, tailored according to the type of meat processing or killing activities conducted. The regulations are designed to implement the provisions of the Act by prescribing the required classifications and charge rates. The amendment introduces a new classification for abattoirs with Quality Assurance Agreements that employ Australian Quarantine and Inspection Service (AQIS) inspectors for fewer than 5,000 hours annually, alongside a revised charge for those employing more than 5,000 hours. The amendment ensures that the regulations remain reflective of AQIS's direct and indirect efforts in servicing these establishments. The regulations have a national reach, applying across all states and territories in Australia, and they are subject to further specification and modification through subordinate instruments as deemed necessary or convenient for the effective implementation of the Act.

Key Provisions

The main operative sections of the Domestic Meat Premises Charge Regulations (Amendment) 1996 No. 16 are outlined in the explanatory statement. Regulation 2 specifies that the Domestic Meat Premises Charge Regulations are amended as detailed in these regulations. Regulation 5 introduces a new sub-item for abattoirs with a Quality Assurance Agreement approved under Part 7 of the Meat Inspection (General) Orders, setting an amount of charge for those employing Australian Quarantine and Inspection Service (AQIS) inspectors for 5,000 hours or fewer each financial year. Regulation 3 updates the heading for the charge for a financial year, clarifying that the previous heading "charge for a financial year beginning on or after 1 July 1994" now specifies "charge for a financial year." Regulation 4 omits the previous regulation specifying the basis for charge in the 1993/94 financial year, as it is no longer valid. The obligations and requirements imposed by these regulations on the parties or entities governed include compliance with the new classification and charge system for abattoirs. Abattoirs must ensure they fall within the correct classification based on the number of AQIS inspection hours they employ each financial year. This classification will determine the registration charge they are liable to pay. Additionally, abattoirs must adhere to the quality assurance agreements and standards as specified under Part 7 of the Meat Inspection (General) Orders, to qualify for the new charge categories. They must also ensure they are accredited through the quality assurance training and audit process conducted by AQIS. The Domestic Meat Premises Charge Regulations (Amendment) also outline the consequences of non-compliance with the new regulations. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, it is clear that failure to comply with the classification and charge system could result in incorrect charges being applied. This could potentially lead to financial penalties for overpaid or underpaid charges. The regulations do not specify maximum penalties, but it can be inferred that non-compliance could lead to financial audits and possible corrective actions to ensure the correct charges are applied.

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