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

Administered by Department of Agriculture

Legislation au F2006L03694 Not in force Legislative Instrument

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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.

Overview

The Export Control (Fees) Amendment Orders 2006 (No. 3) were enacted to address the need for updated fee structures in relation to the accreditation of veterinarians under the Export Control Act 1982. These regulations were introduced by the Australian Government to align with the newly implemented, more comprehensive accreditation scheme for veterinarians, which was established through the Export Control (Animals) Amendment Order 2006 (No. 3). The objective of these amendments is to ensure that the Australian Quarantine and Inspection Service (AQIS) can recover costs associated with processing applications for accreditation from those who use the service. The regulations were developed in consultation with the Livestock Exports Industry Consultative Committee (LEICC) and other relevant industry bodies, reflecting their consensus on the necessity for AQIS, as a cost-recovered organisation, to impose these fees. The amendments introduce a set fee for applications and an additional fee per quarter hour for the assessment process beyond the initial hour of processing, aiming to cover all associated activities comprehensively.

Scope and Application

The Export Control (Fees) Amendment Orders 2006 (No. 3) amends the Export Control (Fees) Orders 2001 by imposing new fees for applications for accreditation by veterinarians and for related activities. These Amendment Orders apply to veterinarians who seek accreditation for the export of animals, and they are designed to cover costs incurred by the Australian Quarantine and Inspection Service (AQIS) in processing these applications. The fees include a set fee of $208, intended to cover the minimum one hour required to process an application, and an additional $52 per quarter hour for any time spent beyond the initial hour, including the assessment of the application and making a determination to accredit. These regulations extend to the Commonwealth of Australia and are enforced by the Minister for Agriculture, Fisheries and Forestry under the Export Control Act 1982. The Amendment Orders are a legislative instrument under the Legislative Instruments Act 2003 and became effective upon registration.

Key Provisions

The Export Control (Fees) Amendment Orders 2006 (No. 3) amend existing fees related to the accreditation of veterinarians under the Export Control (Fees) Orders 2001. The key provisions of these amendments are outlined in Schedule 1, which introduces new orders (orders 23AB and 42A) into the Principal Orders. Order 23AB specifies the fees for an application by a veterinarian for accreditation, establishing a set fee of $208 and an additional fee of $52 per quarter hour (section 4). The set fee of $208 is designed to cover the initial processing of the application, which is estimated to take at least one hour (section 5). The quarter-hour fee is intended to cover the time spent on assessing the application, making the accreditation determination, issuing the notice of accreditation, and any additional processing time beyond the initial one hour (section 6). Order 42A mandates that the set fee of $208 must be paid at the time of application submission to mitigate the risk of bad debts (section 7). The Amendment Orders impose specific obligations on veterinarians seeking accreditation. They must pay the set fee of $208 at the time of application (Order 42A) and are liable for the quarter-hour fee, which is calculated based on the time taken to process their application beyond the initial one hour (Order 23AB). These obligations ensure that the Australian Quarantine and Inspection Service (AQIS) can manage the costs associated with processing accreditation applications effectively. Failure to comply with the payment requirements stipulated in the Amendment Orders could result in administrative consequences. Although specific penalties are not detailed in the provided text, non-compliance may lead to delays in the accreditation process or other administrative actions to recover the fees. The intent of these fees is to ensure that AQIS, as a cost-recovered organisation, can adequately cover the costs associated with processing applications, thereby maintaining the integrity and efficiency of the accreditation process.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Fees; Consultation Requirements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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