EXPLANATORY STATEMENT

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Export Control (Orders) Regulations 1982

Export Control (Fees) Amendment Orders 2006 (No. 3)

Sub-section 25(1) of the Export Control Act 1982 (‘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 the carrying out or giving effect to the Act.

Subsection 9B (3) and paragraph 25 (2)(daaa) of the Act provide for the making of regulations to impose fees for the making of applications for accreditation and in connection with the performance of services by the Secretary or a delegate of the Secretary respectively.  Paragraph 25(2) (g) of the Act provides that the Governor-General may make regulations empowering the Minister to make orders, not inconsistent with the regulations, with respect to any matter for or in relation to which provision may be made by the regulations. 

Regulation 3 of the Export Control (Orders) Regulations 1982 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 made under the Act.

The Export Control (Fees) Orders 2001 (‘the Principal Orders’) impose fees for the purposes permitted under the Act.

The purpose of the Export Control (Fees) Amendment Orders 2006 (No. 3) (‘the Amendment Orders’) is to impose new fees for the making of an application by a veterinarian for accreditation and for other activities related to the application.  The fees are imposed as a consequence of the introduction, by the Export Control (Animals) Amendment Order 2006 (No. 3), of a more comprehensive scheme for the accreditation of veterinarians.

Consultation has occurred with the Livestock Exports Industry Consultative Committee (“the LEICC”). The LEICC is the principal advisory forum for AQIS and the livestock export industry to consult on all issues relating to Australian live-stock exports.  The membership of the LEICC comprises representatives from the following key industry sectors:

• Australian Livestock Exporters’ Council;
• LiveCorp;
• Cattle Council of Australia;
• Sheepmeat Council of Australia;
• Australian Veterinarians Association;
• Australian Maritime Safety Authority;
• Meat and Livestock Australia; and
• LiveShip.

Consultation has also occurred with the Pet Industry Association of Australia and the

Australian Horse Industry Council.  All the bodies consulted recognise the need for the Australian Quarantine and Inspection Service, as a cost recovered organisation, to impose these fees.  

The Amendment Orders are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Details of Amendment Orders are as follows:

Order 1

1. This Order provides that the name of the Amendment Orders is the Export Control (Fees) Amendment Orders 2006 (No. 3).

Order 2

2. This Order provides that the Amendment Orders commence on the day after registration.

Order 3

3. This Order provides that Schedule 1 amends the Principal Orders.

Schedule 1 - Amendments

Item 1

4. This item inserts a new order, order 23AB, into the Principal Orders.  The new order specifies the amounts payable in respect of an application by a veterinarian for accreditation.  The new order identifies a set fee of $208 and a fee of $52 per quarter hour.

5. The set fee of $208 is for the making of an application which is costed on the basis that the processing of an application will take a minimum of one hour.  The expression “processing” is intended to cover activities such as the recording of the receipt of the application, acknowledging receipt of the application, checking that the application has been properly completed and seeking clarification from the applicant on matters in the application.

6. The quarter hour fee is for the assessment of the application, the making of the determination to accredit, the giving of a notice of accreditation and for any time spent on processing an application beyond the one hour period contemplated by the set fee.  Under order 4 of the Principal Orders, the expression “quarter hour” is defined to include a part of a quarter hour.

Item 2

7. This item inserts a new order, order 42A, into the Principal Orders.  The new order specifies that the fee imposed by paragraph 23AB (a), which is the set fee of $208, must be paid at the time of making the application.  The purpose of this requirement is to minimize the risk of bad debts.