EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 279
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 2007 (No. 1)
Section 17 of the Export Inspection and Meat Charges Collection Act 1985 (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 Export Inspection and Meat Charges Collection Regulations 1985 (the Principal Regulations) make provision for the collection of charges imposed by the Export Inspection and Meat (Establishment Registration Charges) Act 1985, the Export Inspection (Service Charge) Act 1985 the Export Inspection (Quantity Charge) Act 1985 and the Domestic Meat Premises Charge Act 1993.
The purpose of the Export Inspection and Meat Charges Collection Amendment Regulations 2007 (No. 1) (the Amendment Regulations) is to make changes as a consequence of the amendments to the Export Inspection (Establishment Registration Charges) Regulations 1985 and the Export Inspection (Service Charge) Regulations 1985.
The Principal Regulations are one of three sets of Regulations that are affected by the decision of the Dairy Export Program (the Program) of the Australian Quarantine and Inspection Service (AQIS) to remove dairy charges from the Regulations and place them in the Export Control (Fees) Orders 2001 (the Fees Orders). The other Regulations amended are the Export Inspection (Service Charge) Regulations 1985 and the Export Inspection (Establishment Registration Charges) Regulations 1985.
The purpose of the Amendment Regulations is to make amendments as a consequence of the relocation of dairy charges to the Fees Orders and to also make various minor and technical amendments to update the Principal Regulations in terms of plain English, consistency and current drafting practice, and to fix errors and update references in the text of the Principal Regulations.
The Program has consulted with the Dairy Export Industry Consultative Committee (DEICC) about these changes. DEICC consists of representatives of registered establishments, exporters, State Regulatory Authorities, Dairy Australia and AQIS. DEICC has no objections to these amendments.
Details of the Amendment Regulations are set out below.
The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Amendment Regulations commence on 1 July 2008.
Regulation 1 provides that the Amendment Regulations are named the Export Inspection and Meat Charges Collection Amendment Regulations 2007 (No. 1).
Regulation 2 provides that the Amendment Regulations commence on 1 July 2008.
Regulation 3 provides that Schedule 1 amends the Export Inspection and Meat Charges Regulations 1985.
Schedule 1 Amendments
Items 1 to 4. These items make minor and technical changes to the Principal Regulations. In particular, they update the Principal Regulations in terms of plain English, consistency and current drafting practice, and to fix errors and update references in the text of the Principal Regulations.
Items 5 and 6. These items update the Principal Regulations as a consequence of the amendments made to the Export Inspection (Service Charge) Regulations 1985 and the Export Inspection (Establishment Registration Charges) Regulations 1985. In particular, as a result of the removal of dairy charges from the Export Inspection (Service Charge) Regulations 1985, the Principal Regulations apply only to the collection of charges for meat establishments and establishments relating to fish and fish products. Items 5 and 6 have the effect of narrowing the scope of the Principal Regulations accordingly.
Items 7 to 16. These items make minor and technical changes to the Principal Regulations. In particular, they update the Principal Regulations in terms of plain English, consistency and current drafting practice, and to fix errors and update references in the text of the Principal Regulations.
Overview
The Export Inspection and Meat Charges Collection Amendment Regulations 2007 (No. 1) were issued under the authority of the Minister for Agriculture, Fisheries and Forestry, pursuant to Section 17 of the Export Inspection and Meat Charges Collection Act 1985. The objective of these regulations is to amend the Export Inspection and Meat Charges Collection Regulations 1985 (the Principal Regulations) in response to changes made to the Export Inspection (Service Charge) Regulations 1985 and the Export Inspection (Establishment Registration Charges) Regulations 1985. These changes include the relocation of dairy charges to the Export Control (Fees) Orders 2001, as decided by the Australian Quarantine and Inspection Service’s Dairy Export Program. The amendments aim to update the Principal Regulations with plain English, improve consistency and drafting practices, correct errors, and update references. The Dairy Export Industry Consultative Committee, which comprises representatives from various sectors including registered establishments, exporters, and state regulatory authorities, has endorsed these changes. The Amendment Regulations commenced on 1 July 2008, and they are a legislative instrument under the Legislative Instruments Act 2003.
Scope and Application
The Export Inspection and Meat Charges Collection Amendment Regulations 2007 (No. 1) applies to the collection of charges for meat establishments and establishments relating to fish and fish products, as specified in the Export Inspection and Meat Charges Collection Regulations 1985, which are in turn governed by the Export Inspection and Meat Charges Collection Act 1985. This Act applies to various entities involved in the export of meat and fish products in Australia, including producers, exporters, and establishments that handle these products. The geographic reach of the Act is national, as it applies across the Commonwealth of Australia, ensuring uniformity in the collection of charges related to the export inspection of meat and fish products. The Amendment Regulations refine and update the Principal Regulations, making several minor and technical amendments to enhance clarity and consistency, as well as to correct errors and update references. Notably, the Amendment Regulations reflect changes due to the relocation of dairy charges to the Export Control (Fees) Orders 2001, thereby narrowing the scope of the Principal Regulations to exclude dairy-related charges. The Amendment Regulations are subordinate instruments that extend and modify the application of the Principal Regulations, ensuring they remain aligned with current legislative intent and industry practices.
Key Provisions
The Export Inspection and Meat Charges Collection Amendment Regulations 2007 (No. 1) provide modifications to the existing Export Inspection and Meat Charges Regulations 1985. Regulation 1 identifies the Amendment Regulations by name, while Regulation 2 sets the commencement date of these regulations as 1 July 2008. Schedule 1 of the Amendment Regulations contains specific amendments to the Principal Regulations. These amendments, outlined in Items 1 to 16, serve to refine and update the Principal Regulations, ensuring clarity, consistency, and alignment with current drafting practices. Items 1 to 4, 7 to 16 specifically address minor and technical changes, fixing errors and updating references within the Principal Regulations.
The obligations and requirements imposed by the Amendment Regulations focus primarily on ensuring that the Principal Regulations are updated and aligned with the changes made to the Export Inspection (Service Charge) Regulations 1985 and the Export Inspection (Establishment Registration Charges) Regulations 1985. By removing dairy charges from the Principal Regulations, the scope of the regulations is now restricted to charges related to meat establishments and fish and fish product establishments. This shift necessitates updates to the Principal Regulations to reflect this narrower focus, ensuring that all referenced regulations and charges are accurate and up-to-date.
The Amendment Regulations do not introduce new offences or penalties but ensure that the Principal Regulations remain compliant with the changes to the related regulations. Non-compliance with the amended regulations could potentially lead to discrepancies in charge collection and enforcement, as the regulations now only apply to meat and fish product establishments. Any entity failing to adhere to these updated regulations may face administrative or financial discrepancies in the collection and application of charges. While specific penalties are not outlined within the Amendment Regulations themselves, any breaches of the Principal Regulations post-amendment could be subject to the penalties stipulated in the underlying Acts, including fines and other enforcement actions as prescribed by the Export Inspection and Meat Charges Collection Act 1985.