EXPLANATORY STATEMENT
Issued by Authority of the Minister for Agriculture
Export Control Act 1982
Export Control (Orders) Regulations 1982
Export Control (Fees) Amendment (2014 Measures No. 1) Orders 2014
Legislative Authority
The Export Control Act 1982 (Act) and its delegated legislation provide the legal framework by which the Department of Agriculture (Department) delivers audit and inspection services in order to issue export permits and certification for certain goods to mitigate food safety risks, meet importing country requirements and ensure confidence in Australian agricultural exports.
Section 25 of the Act provides that regulations (the Export Control (Orders) Regulations 1982) (Regulations) may impose fees in connection with the performance of services by the Secretary, delegates of the Secretary and authorised officers in connection with the provision of export certification.
Regulation 3 provides that the Minister may, by instrument in writing, make orders, not inconsistent with regulations made under the Act, with respect to any matter for or in relation to which provision may be made by regulations under the Act.
The Export Control (Fees) Orders 2001 (Orders) are made under the Regulations and impose fees provided for under the Act. Fees which are imposed are applied to inspection, audit and certification services carried out by the Department in relation to a number of commodities, including live animals and animal reproductive material.
Purpose
The purpose of the Export Control (Fees) Amendment (2014 Measures No. 1) Order 2014
(Amendment Order) is to implement a new fee structure in relation to provision of services relating to the export of live animals and animal reproductive material. The Amendment Order will allow the Department to more fully cost recover for these services consistent with the Australian Government Cost Recovery Guidelines. The new fee structure will increase fees for:
- inspection, assessment and application services provided by the Department relating to live animals and animal reproductive material, prior to export by sea and air to foreign countries;
- processing applications and conducting audits for accreditation of veterinarians, and registration, approval and audits of premises;
- travel and accommodation for authorised officers to sites of inspection of animals or animal reproductive material prior to export of the animals or material.
Impact and Effect
The amended fees provided by the Amendment Order will apply to a range of services provided by the Department relating to assessments, inspections and preparation of animals and animal reproductive material prior to export. Animals include cattle, buffalo, sheep, goats and horses which may be exported by sea or air. The Amendment Order will allow the Department to recover costs for providing these services.
Consultation
The Department engaged directly with stakeholders through the Live Animal Export Fee Review Working Group which met three times over a five week period, and included representatives from:
- live-stock exporters;
- horse exporters;
- horse transportation organisations;
- reproductive material exporters.
Where there was no direct industry organisation or group, information was made available through the Department’s website, regular biosecurity bulletins and media releases. A draft Cost Recovery Impact Statement (CRIS) was published on the Department’s website for broader consultation. Submissions against the draft CRIS were invited between 2 and 16 May 2014.
In addition, the Department directly approached regular exporters and transportation organisations, Australian Government Authorised Veterinarians, licensees for the export of live‑stock, and premises registered for the export of live-stock through an Export Advice Notice (EAN). The EAN alerted recipients to the fee adjustment and directed readers to the draft CRIS on the Department’s website. Outcomes of these consultations have been incorporated into the CRIS.
The Office of Best Practice Regulation (OBPR) has determined that as the amendments are machinery in nature and do not alter the existing regulatory arrangement, a regulation impact statement is not required (OBPR Reference Number 16981).
The Department of Finance was consulted by the Department in the preparation of the CRIS.
The Amendment Order is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.
Details of the Amendment Order
Section 1 - Name of order
This section provides that the name of the Amendment Order is the Export Control (Fees) Amendment (2014 Measures No. 1) Order 2014.
Section 2 - Commencement
This section provides that the Amendment Order commences on 1 July 2014.
Section 3 - Authority
This section provides that the Amendment Order is made under regulation 3 of the Export Control (Orders) Regulations 1982.
Section 4 - Schedule(s)
This section provides that each instrument that is specified in Schedule 1 to the Amendment Order is amended or repealed as set out in the applicable items in the Schedule, and any other item in Schedule 1 has effect according to its terms.
Schedule 1 – Amendments
Item 1 inserts a definition of ‘registered premises’ into suborder 4(1) of the Orders meaning premises registered under Division 2.2 of the Export Control (Animals) Order 2004.
The purpose of the amendment is to insert a definition of ‘registered premises’ to clarify the meaning of the term used in new table item 3A of Schedule 4 to the Orders, which is being inserted by item 12.
Item 2 substitutes suborder 23AA(4) of the Orders (including Table 23AA.2) with a new suborder setting fees for inspecting cattle, buffalo, sheep and goats which are to be exported by sea from designated outports.
The fees are charged according to whether the authorised officer travels to the designated outport by air or by road. When arrangements are made by or on behalf of multiple exporters for inspections of cattle, buffalo, sheep or goats which are to be exported on the same voyage from the same outport, only one outport fee is payable, and exporters are jointly and severally liable to pay the fees.
The purpose of the amendments is to adjust fees for travel by authorised officers to outports for inspection of certain live animals to reflect increased costs of providing inspection services if, by arrangement with the exporter, the authorised officer conducting the inspection travels to the place by road or air as indicated in the below table.
Outport | air – outport fee prior to amendment | air – outport fee following amendment | road – outport fee prior to amendment | road – outport fee following amendment |
Broome | $663.00 | $663.00 |
| $994.09 |
Geraldton | $767.00 | $814.00 | $1176.00 | $1443.00 |
Karumba | $557.00 | $674.00 |
|
|
Mackay | $547.00 | $547.00 | $1380.00 | $1380.00 |
Mourilyan | $529.00 | $529.00 | $537.00 | $686.00 |
Port Hedland | $811.00 | $978.00 |
|
|
Portland | $495.00 | $702.00 | $872.00 | $1282.00 |
Townsville | $529.00 | $674.00 | $853.00 | $1200.00 |
Weipa | $517.00 | $674.00 |
|
|
Wyndham | $717.00 | $814.00 | $1793.00 | $1793.00 |
Item 3 substitutes the fee of $70.50 per quarter hour in suborder 23AB(1) of the Orders with a new fee of $116.90 per quarter hour for processing or assessing an application or issuing a notice of accreditation for veterinarians who perform services relating to live-stock for export.
The purpose of the amendment is to reflect increased costs of providing accreditation services for veterinarians.
Item 4 substitutes the fee of $70.50 per quarter hour in suborder 23AB(2) of the Orders with a new fee of $116.90 per quarter hour for processing or assessing an application for registration or giving notice of a decision regarding registration of premises for holding and assembling live‑stock for export.
The purpose of the amendment is to reflect increased costs of processing and assessing applications for registration of premises.
Item 5 substitutes the single fee in suborder 23AB(3) of the Orders with new fees for services relating to approval of premises for export of live-stock by air and export of live animals (other than live‑stock) by any means.
The new fees for assessing or processing applications for approval of premises, or for giving written notice to the exporter relating to the decision whether or not to approve the notice of intention to export and, if required, the exporter supply chain assurance system, will be determined according to the export commodity for which the premises will be registered.
The new fees per quarter hour will be:
- for premises at which horses are to be prepared: $88.50;
- for premises at which live-stock are to be prepared for export by air: $167.95; and
- for premises at which animals other than live-stock or horses are to be prepared: $95.40.
The purpose of the amendments is to replace the single fee of $70.50 per quarter hour with fees depending on the commodity for which the premises will be approved, to reflect increased costs of providing approval services.
Item 6 substitutes the fee of $0.65 per kilometre in suborder 24(1) of the Orders with a new rate for travel on land by an authorised officer.
The new rate will be $1.00 per kilometre for travel from the authorised officer’s ordinary place of work to the place where the services related to export of live animals or animal reproductive material are performed, and return to the officer’s place of work.
The purpose of the amendment is to reflect increased costs of travel for the purposes of providing services in relation to the export of live animals and animal reproductive material.
Item 7 substitutes the fee of $0.65 per kilometre in paragraph 24(1B)(b) of the Orders with a new rate for travel undertaken by an authorised officer, while at or based at an outport.
The new rate will be $1.00 per kilometre for travel while at or based at an outport where inspection of cattle, buffalo, sheep or goats which are to be exported by sea is performed.
The purpose of the amendment is to increase the rate to reflect increased costs of travel while at or based at an outport when providing inspection services on certain live animals.
Item 8 substitutes suborder 24(2) of the Orders with a new suborder setting an overnight rate for accommodation.
The new rate of $355 per night will replace the rate of $296 per night that applies for each night necessary for an officer to stay overnight at a place that is not the officer’s usual place of residence, in order to perform a service relating to export of live animals or reproductive material.
The purpose of the amended rate is to increase the rate to reflect increased costs of accommodation.
Item 9 substitutes items 1 to 4 in Schedule 4 to the Orders with new table items 1 to 4C which set out fees for services provided in relation to live animals and animal reproductive material for export.
The purpose of the amendments is to replace the single fees in previous table items 1 to 4 with separate fees according to the commodity for which the service is being provided, to reflect increased costs of providing services in relation to live animals and animal reproductive material. The amendments also separate the types of services previously listed in table items 1 to 4 (for example inspecting animals and processing documents) into separate items for clarity.
New table item 1 sets a fee of $167.95 per quarter hour for processing documents for export of live-stock by air, other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $101.25 per quarter hour (which was set out in previous table item 2A) to $167.95 per quarter hour, to reflect increased costs associated with processing documents for the export of live-stock by air.
New table item 1A sets a fee of $167.95 per quarter hour for inspecting live-stock which are to be exported by air, other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $101.25 per quarter hour (which was set out in previous table item 2A) to $167.95 per quarter hour, to reflect increased costs associated with inspecting live‑stock for export by air.
New table item 1B sets a fee of $116.90 per quarter hour for processing documents for export of live animals by sea, other than animals to which order 23AA applies, and other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 1) to $116.90 per quarter hour, to reflect increased costs associated with processing documents for the export of live animals by sea, other than animals to which order 23AA applies.
New table item 1C sets a fee of $116.90 per quarter hour for inspecting live animals by sea, other than animals to which order 23AA applies which are to be exported by sea, other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 1) to $116.90 per quarter hour, to reflect increased costs associated with inspecting live animals by sea, other than animals to which order 23AA applies.
New table item 1D sets a fee of $127.05 per quarter hour for processing documents for export of horses, other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $101.25 per quarter hour (which was set out in previous table item 2B) to $127.05 per quarter hour, to reflect increased costs associated with processing documents for the export of horses.
New table item 1E sets a fee of $127.05 per quarter hour for inspecting horses for export, other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $101.25 per quarter hour (which was set out in previous table item 2B) to $127.05 per quarter hour to reflect increased costs associated with inspecting horses for export.
New table item 1F sets a fee of $95.40 per quarter hour for processing documents for export of animals (other than live-stock or horses) other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 1) to $95.40 per quarter hour, to reflect increased costs associated with processing documents for the export of animals (other than live-stock or horses).
New table item 1G sets a fee of $95.40 per quarter hour for inspecting animals (other than live‑stock or horses) for export, other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 1) to $95.40 per quarter hour to reflect increased costs associated with inspecting animals (other than live-stock or horses) for export.
New table item 2 sets a fee of $101.40 per quarter hour for processing documents for export of animal reproductive material, other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 1) to $101.40 per quarter hour, to reflect increased costs associated with processing documents for the export of animal reproductive material.
New table item 2A sets a fee of $101.40 per quarter hour for inspecting animal reproductive material for export, other than audits or preparing an application at the request of an exporter for a consignment that does not meet relevant importing country requirements.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 1) to $101.40 per quarter hour, to reflect increased costs associated with inspecting animal reproductive material for export.
New table item 3 sets a fee of $116.90 per quarter hour for auditing an accredited veterinarian.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 3) to $116.90 per quarter hour, to reflect increased costs associated with auditing an accredited veterinarian.
New table item 3A sets a fee of $116.90 per quarter hour for auditing registered premises. Audits are conducted by the Department on implementation and operation to an agreed standard of approved arrangements between the Department and the person or organisation which prepares commodities for export.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 3) to $116.90 per quarter hour, to reflect increased costs associated with auditing registered premises.
New table item 3B sets a fee of $167.95 per quarter hour for auditing premises in relation to the export of live-stock by air.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 3) to $167.95 per quarter hour, to reflect increased costs associated with auditing premises for live-stock other than live-stock to be exported by sea.
New table item 3C sets a fee of $95.40 per quarter hour for auditing premises in relation to the export of animals other than live-stock.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 3) to $95.40 per quarter hour, to reflect increased costs associated with auditing premises for animals other than live-stock.
New table item 3D sets a fee of $101.40 per quarter hour for auditing premises used in relation to the export of animal reproductive material.
The purpose of this new table item is to increase the fee from $70.50 per quarter hour (which was set out in previous table item 3) to $101.40 per quarter hour, to reflect increased costs associated with auditing premises for holding animal reproductive material.
New table item 4 sets a fee of $116.90 per quarter hour for preparing an application at the request of an exporter for a consignment of live-stock that does not meet the relevant importing country requirements.
The purpose of this new table item is to increases the fee from $70.50 per quarter hour (which was set out in previous table item 4 to $116.90 per quarter hour, to reflect increased costs associated with, and to be specific to, delivering the service of preparing an application at the request of an exporter for a consignment of live-stock that does not meet the relevant importing country requirements.
New table item 4A sets a fee of $88.50 per quarter hour for preparing an application at the request of an exporter for a consignment of horses that does not meet the relevant importing country requirements.
The purpose of this new table item is to increases the fee from $70.50 per quarter hour (which was set out in previous table item 4) to $88.50 per quarter hour, to reflect increased costs associated with, and to be specific to, delivering the service of preparing an application at the request of an exporter for a consignment of horses that does not meet the relevant importing country requirements.
New table item 4B sets a fee of $95.40 per quarter hour for preparing an application at the request of an exporter for a consignment of animals other than live-stock or horses that does not meet the relevant importing country requirements.
The purpose of this new table item is to increases the fee from $70.50 per quarter hour (which was set out in previous table item 4) to $95.40 per quarter hour, to reflect increased costs associated with, and to be specific to, delivering the service of preparing an application at the request of an exporter for a consignment of animals other than live-stock or horses that does not meet the relevant importing country requirements.
New table item 4C sets a fee of $101.40 per quarter hour for preparing an application at the request of an exporter for a consignment of animal reproductive material that does not meet the relevant importing country requirements.
The purpose of this new table item is to increases the fee from $70.50 per quarter hour (which was set out in previous table item 4) to $101.40 per quarter hour, to reflect increased costs associated with, and to be specific to, delivering the service of preparing an application at the request of an exporter for a consignment of animal reproductive material that does not meet the relevant importing country requirements.
Item 10 substitutes the fee of $70.50 per quarter hour in item 5 of Schedule 4 to the Order with a new fee of $95.40 per quarter hour for rabies vaccinations of animals which are part of a consignment intended for export. It should be noted that the fee is in addition to an amount equal to the cost of purchasing vaccines or other non-reusable materials used in the vaccination.
The purpose of the amendment is to reflect increased costs of providing rabies vaccinations.
Item 11 substitutes the words ‘1 to 4’ in table item 6 of Schedule 4 to the Order with ‘1 to 4C’ to reflect the insertion of table items 4A, 4B and 4C into Schedule 4 by item 9.
Item 12 substitutes the per head fees and the fees related to inspection services set out in Table 23AA.1 in suborder 23AA(2) of the Order with new fees for the inspection of cattle, buffalo, sheep and goats which are to be exported by sea.
Table items 1, 3, 5, 7 and 9 substitute the fees charged on a per head basis for the time taken by authorised officers to conduct inspections, according to whether the animals are:
- cattle or buffalo being exported to a tier 1 or tier 2 country for cattle or buffalo;
- slaughter sheep or goats being exported to a tier 1 or tier 2 country; or
- sheep or goats being exported to any foreign country for breeding.
Designation of foreign countries as tier 1 and tier 2 for cattle, buffalo, sheep and goats is provided in suborder 23AA(1). The amendments to per head fees are indicated in the below table.
For export of …
| Per head fee (for each head to be inspected) prior to amendment | Per head fee (for each head to be inspected) following amendment |
Cattle or buffalo to a tier 1 foreign country for cattle or buffalo | $1.55 | $2.57 |
Cattle or buffalo to a tier 2 foreign country for cattle or buffalo | $3.90 | $6.47 |
Slaughter sheep or goats to a tier 1 foreign country for slaughter sheep or goats | $0.20 | $0.34 |
For export of …
| Per head fee (for each head to be inspected) prior to amendment | Per head fee (for each head to be inspected) following amendment |
Slaughter sheep or goats to a tier 2 foreign country for slaughter sheep or goats | $0.22 | $0.37 |
Sheep or goats to be exported for breeding to any foreign country | $0.22 | $0.37 |
Table items 2, 4, 6, 8 and 10 substitute the fees of $70.50 per quarter hour listed against each type of animal with new fees of $116.90 per quarter hour spent for the performance of services set out in suborder 23AA(3).
Suborder 23AA(3) provides that where, in the opinion of an authorised officer performing the inspection services, the period necessary for an officer to spend in conducting the inspection exceeds the relevant period specified in Table 23AA.1 because the animals to be inspected, or the documentation in relation to the inspection, has not been prepared properly.
The purpose of the amendment is to reflect increased costs of inspecting certain live-stock to be exported by sea.
ATTACHMENT
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Export Control (Fees) Amendment (2014 Measures No. 1) Order 2014
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Legislative Instrument increases fees listed in the Export Control (Fees) Orders 2001 for:
- inspection, assessment and application services provided by the Department of Agriculture (Department) relating to live animals and animal reproductive material prior to export of the animals or material by sea or air to foreign countries;
- processing applications and conducting audits for accreditation of veterinarians, and registration, approval and audits of premises;
- travel and accommodation for authorised officers to sites of inspection of animals or animal reproductive material prior to export of the animals or material.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon. Barnaby Joyce MP
Minister for Agriculture