Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No. 1) 1999 No. 178
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 178
Issued by the authority of the Minister for Agriculture, fisheries and Forestry,
Export Inspection and Meat Charges Collection Act 1985
Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No. 1)
The Export Inspection and Meat Charges Collection Act 1985 (the Act) makes provision for the collection of the charges imposed by the Export Inspection (Establishment Registration Charges) Act 1985, the Export Inspection (Quantity Charge) Act 1985, the Export Inspection (Service Charge) Act 1985 and the Domestic Meat Premises Act 1993.
Section 17 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters: (a) required or permitted by the Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to the Act; and, in particular: (c) prescribing the manner for the determination of the weight or the volume of a prescribed commodity; (d) prescribing the form of warrant for the purposes of section 15; and (e) providing for the remission or refund of charge in specified circumstances.
The Export Inspection and Meat Charges Collection Regulations provide for, inter alia, the refund or remission of charge.
The purpose of the Amendment is to provide for merits review to the Administrative Appeals Tribunal of reconsidered decisions by the Secretary to defer, remit or refund payments under the Export Inspection and Meat Charges Collection Regulations. This Amendment is in response to a recommendation of the Senate Standing Committee on Regulations and Ordinances, and fulfils a commitment given to this Committee in the 103rd Report of the Senate Standing Committee on Regulations and Ordinances.
Details of the Amendment are as follows:
Regulation 1. This regulation provides that the Regulations will be the Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No. 1)
Regulation 2. This regulation provides that the Regulations commence on gazettal.
Regulation 3. This regulation provides for the. amendment of the Export Inspection and Meat Charges Collection Regulations as set out in Schedule 1.
Schedule 1.
Clause 1. This clause renames the regulations as the Export Inspection and Meat Charges Collection Regulations 1985.
Clause 2. This clause inserts new regulations, 6A, 6B, 6C, 6D and 6E.
New regulation 6A requires the Secretary, when making a decision of the kind specified in subregulation, 6A(1), to give the person liable to pay the relevant charge a notice in writing setting out the reasons for the decision, stating that person may apply under regulation 6B for reconsideration of the decision, and setting out how to apply for reconsideration, and the time within which the application must he made.
New regulation 6B provides that a person whose interests are affected by a decision of the kind specified in subregulation 6A(1) may ask the Secretary to reconsider the decision. New regulation 6B will also set out the formalities to be observed in making a request for reconsideration.
New regulation 6C provides that the operation of a decision is not affected by the making of an application for reconsideration.
New regulation 6D deals with reconsideration of decisions. Subregulation 6D(1) provides that if a person applies for reconsideration of a decision of a kind specified in subregulation 6D(1), the Secretary must reconsider the decision. Subregulation 6D(2) provides that the Secretary must confirm, amend or substitute another decision after reconsideration of the original decision. Subregulation 6D(3) provides that if the original decision was a decision not to remit and the amount of charge involved has been paid, the Secretary may substitute a decision to refund the same or another amount of charge. Subregulation 6D(4) sets out the circumstances in which the Secretary is taken to have confirmed the original decision. Subregulation 6D(5) provides that if the Secretary decides to amend the original decision or substitute another decision for it, the later decision replaces the original decision for all purposes (other than the making of an application for reconsideration).
New regulation 6E provides that application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under subregulation 6D(2).
Overview
The Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No. 1) were enacted to amend the Export Inspection and Meat Charges Collection Regulations 1985, in response to recommendations from the Senate Standing Committee on Regulations and Ordinances. The primary objective of these amendments is to introduce a mechanism for merits review by the Administrative Appeals Tribunal of decisions made by the Secretary to defer, remit or refund payments under the regulations. These regulations were made under the authority of the Minister for Agriculture, Fisheries and Forestry, in accordance with section 17 of the Export Inspection and Meat Charges Collection Act 1985, which allows for the making of regulations necessary to carry out or give effect to the Act. The changes introduced by these amendments aim to ensure that affected parties have an opportunity for reconsideration and subsequent review of decisions related to charge remissions, deferrals, or refunds.
Scope and Application
The Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No. 1) amends the Export Inspection and Meat Charges Collection Regulations 1985, which implement the Export Inspection and Meat Charges Collection Act 1985. This Act pertains to the collection of charges imposed by several related statutes, including the Export Inspection (Establishment Registration Charges) Act 1985, the Export Inspection (Quantity Charge) Act 1985, the Export Inspection (Service Charge) Act 1985, and the Domestic Meat Premises Act 1993. The regulations apply to entities and individuals involved in the export of meat and meat products, including producers, processors, and exporters, across Australia. The amendments introduce provisions for merits review by the Administrative Appeals Tribunal for decisions made by the Secretary regarding the deferral, remission, or refund of charges under the regulations. This change follows a recommendation from the Senate Standing Committee on Regulations and Ordinances and aims to provide an additional layer of scrutiny and appeal for affected parties. The regulations extend to the entire Commonwealth of Australia and do not specify any exclusions or exemptions, though certain provisions may apply only to specified circumstances related to charge deferral, remission, or refund.
Key Provisions
The Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No. 1) primarily introduces changes to the process of decision-making and reconsideration for the remission, deferment, or refund of charges under the Export Inspection and Meat Charges Collection Regulations 1985. Regulation 6A (subsection 6A(1)) requires the Secretary to notify the person liable for the relevant charge in writing, outlining the reasons for the decision, and providing information about the right to apply for reconsideration, including the procedure and timeframe for making such an application (regulation 6B). Regulation 6D mandates that the Secretary must reconsider any application for reconsideration of a decision and may confirm, amend, or substitute a new decision, including the option to refund the amount paid if the original decision was not to remit (subsection 6D(3)). Regulation 6E allows for a further review of the Secretary’s decision by the Administrative Appeals Tribunal.
The regulations impose specific obligations on the Secretary, including the requirement to provide written notification of a decision to the affected party (regulation 6A) and to reconsider any application for reconsideration of that decision (regulation 6D). The Secretary must also follow the formalities outlined in regulation 6B when processing an application for reconsideration. Furthermore, the operation of a decision remains unaffected by the making of an application for reconsideration (regulation 6C). In the case of a refund, if the amount of charge has already been paid, the Secretary may substitute a decision to refund the same or another amount (subsection 6D(3)).
Failure to comply with these regulations could lead to procedural errors or delays in processing charge remission, deferment, or refund applications. While the regulations themselves do not explicitly outline specific penalties for non-compliance, breaches of the underlying Export Inspection and Meat Charges Collection Act 1985 or related Acts may result in civil or criminal penalties as prescribed under those Acts. For instance, under the Export Inspection (Establishment Registration Charges) Act 1985, the Export Inspection (Quantity Charge) Act 1985, the Export Inspection (Service Charge) Act 1985, and the Domestic Meat Premises Act 1993, penalties can include fines and imprisonment. However, the specific maximum penalties are defined in these respective Acts rather than in the Amendment Regulations.