Domestic Meat Premises Charge Regulations (Amendment) 1994 No. 66
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 66
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 Governor-General 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) set charge rates payable by the accredited operator or owner of abattoirs, meat processing plants, knackeries and animal food processing plants inspected under the Meat Inspection Act 1983 by the Australian Quarantine and Inspection Service (AQIS).
The purpose of the Regulations is to implement revised schedules of charges from 1 January 1994 on the rates payable by the accredited operator or owner of abattoirs, meat processing plants, knackeries and animal food processing plants inspected under the Meat Inspection Act 1983 by AQIS. These revised charges reflect reductions on those previously set. Other changes involving the addition of a new category of abattoir and amendments to the definition of the existing categories have also been made.
The effect of the regulations is retrospective to 1 January 1994. On the basis that no one other than the Commonwealth will be disadvantaged, the retrospective commencement of the amendments will not contravene subsection 48 (2) of the Acts Interpretation Act 1901.
The Regulations amend the Regulations as follows:
Regulation 1 - Commencement
Subregulation 1.1 provides for regulations 3 and 4 to commence on 1 January 1994. The remainder of the regulations would commence on gazettal.
Regulation 2 - Amendment
Provides that the Regulations are amended as set out in the Domestic Meat Premises Charge Regulations (Amendment).
Regulation 3 - Schedule 2
Subregulation 3.1 reduces the annual charge for a meat processing plant from "$2480" to "1240" at column 3 of item 3 of schedule 2.
Subregulation 3.2 reduces the annual charge for a slaughterhouse from "$2650" to "$1325" at column 3 of item 4 of schedule 2.
Subregulation 3.3 omits items 5 and 6 and substitutes items 5, 6 and 6A. The substitute item 5 introduces a new category of abattoir which uses less than 1000 inspection hours and applies a reduction of the amount payable in column 3 from $6190 to $1325. The substitute item 6 and the new item 6A replace the previous items 5 and 6 and reflect a change in the definition of the kind of abattoir to reflect an increase in the number of inspection hours from 4000 to 5000. The amount of charge in column 3 of item 6 remains the same and the amount of charge in column 3 of item 6A applies a reduction from $24760 to $22284.
Regulation 4 - Schedule 3
Subregulation 4.1 reduces the charge for a meat processing plant for the year ending 30 June 1994 from "$1240" to "$620" at column 3 of item 3 of schedule 3.
Subregulation 4.2 reduces the charge for a slaughterhouse for the year ending 30 June 1994 from "$1325" to "$663" at column 3 of item 4 of schedule 3.
Subregulation 4.3 omits items 5 and 6 and substitutes items 5, 6 and 6A. The substitute item 5 introduces a new category of abattoir which uses less than 1000 inspection hours and applies a reduction of the amount payable in column 3 from $3095 to $663. The substitute item 6 and the new item 6A replace the previous items 5 and 6 and reflect a change in the definition of the kind of abattoir to reflect an increase in the number of inspection hours from 4000 to 5000. The amount of charge in column 3 of item 6 remains the same and the amount of charge in column 3 of item 6A applies a reduction from $12380 to $11142.
Overview
The Domestic Meat Premises Charge Regulations (Amendment) 1994, issued under the authority of the Minister for Primary Industries and Energy, amend the Domestic Meat Premises Charge Regulations 1993. These amendments implement the provisions of the Domestic Meat Premises Charge Act 1993, which was enacted to establish a charge on premises used for certain meat processing activities. The policy objective of the Act is to provide funding for the inspection services provided by the Australian Quarantine and Inspection Service (AQIS) under the Meat Inspection Act 1983. The 1994 amendments to the regulations reflect reductions in the rates payable by the accredited operators or owners of various meat processing premises, such as abattoirs, meat processing plants, knackeries, and animal food processing plants, inspected by AQIS. These changes include the introduction of new categories of abattoirs based on inspection hours and adjustments to the definitions and corresponding charges for existing categories, effective from 1 January 1994. The amendments aim to align the charge rates with operational realities and ensure the sustainability of AQIS’s inspection services.
Scope and Application
The Domestic Meat Premises Charge Regulations (Amendment) 1994 applies to the accredited operators or owners of abattoirs, meat processing plants, knackeries and animal food processing plants that are inspected under the Meat Inspection Act 1983 by the Australian Quarantine and Inspection Service (AQIS). The Regulations set out the charge rates payable by these entities and specify the categories of meat processing premises based on the number of inspection hours used. The Regulations have a national reach as they are enacted under Commonwealth legislation and apply across all states and territories. The amendments made by the Regulations are retrospective to 1 January 1994, and the changes reflect reductions in charge rates as well as the introduction of a new category of abattoir. The Regulations also extend to the charge rates for the year ending 30 June 1994, which have been reduced accordingly. Subordinate instruments may be used to further implement or amend the Regulations as necessary.
Key Provisions
The main operative sections of the Domestic Meat Premises Charge Regulations (Amendment) 1994 (No. 66) pertain to the amendment of the existing schedules of charges for various meat-related premises. Regulation 3 and Regulation 4 specifically amend Schedule 2 and Schedule 3, respectively, by reducing the annual charges for meat processing plants and slaughterhouses. Additionally, these regulations introduce a new category of abattoir that uses less than 1000 inspection hours, with a corresponding reduction in charges (Section 3). The changes reflect reductions in the rates payable by accredited operators or owners of abattoirs, meat processing plants, knackeries, and animal food processing plants, as inspected under the Meat Inspection Act 1983 by the Australian Quarantine and Inspection Service (AQIS).
The amendments impose obligations on accredited operators or owners of meat processing plants, slaughterhouses, knackeries, and animal food processing plants to pay the revised charge rates as per the amended schedules. The new category of abattoir using less than 1000 inspection hours must also comply with the new charge rates specified in the amended regulations. These obligations are designed to ensure that the operators or owners of these premises are aware of and comply with the updated charge rates effective from 1 January 1994.
Failure to comply with the amended regulations could result in legal consequences, although the explanatory statement does not specify any particular offences, penalties, or consequences for breach. However, non-compliance with statutory regulations can generally lead to enforcement actions by the relevant authorities, such as fines or other penalties as prescribed by law. Given the nature of the amendments, it is prudent for operators or owners to ensure they are aware of and adhere to the new charge rates to avoid any potential legal repercussions.