EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 167
Issued by the authority Minister for Agriculture, Fisheries and Forestry
Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 1)
Export Inspection and Meat Charges Collection Act 1985
Legislative Authority
The Export Inspection and Meat Charges Collection Act 1985 (the Collection Act) provides for the collection of charges imposed by the Export Inspection (Establishment Registration Charges) Act 1985 (the Charges Act), amongst others.
Section 6 of the Charges Act imposes a charge on the registration of establishments registered for operations associated with the preparation of prescribed commodities. Section 7 of the Charges Act provides that the rate of charge in relation to the registration of an establishment is the rate applicable under the regulations.
The Export Inspection and Meat Charges Collection Regulations 1985 (the Principal Regulations) are made under the Collection Act. Section 3 of the Collection Act provides that meat and meat products are prescribed commodities.
Section 17 of the Collection Act provides that the Governor-General may make regulations, not inconsistent with the Collection Act, prescribing matters required or permitted by the Collection Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Collection Act, including the remission or refund of charge in specified circumstances.
The Principal Regulations currently prescribe that charges fixed by the Export Inspection (Establishment Registration Charges) Regulations 1985 (the Charges Regulations) are due for payment at the time the establishment makes an application for registration. Section 13 of the Collection Act provides that an amount of charge that is due for payment may be recovered by the Commonwealth Government (the Commonwealth) as a debt due to the Commonwealth.
Purpose
The purpose of the proposed Regulations is to:
- clarify that amounts charged for a charge period (as defined under the Charges Regulations) are due for payment on the day shown on an invoice issued by AQIS to the person liable to pay the charge; and
- simplify the procedure allowing the Secretary to remit or refund amounts paid by registered establishments.
Consultation
AQIS has consulted with the meat export industry in the development of a new cost recovery model.
OBPR has been consulted and advised that a RIS is not required (reference 12802). A Cost Recovery Impact Statement is also being prepared.
Details
Regulation 1
The name of the Regulations is the Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 1).
Regulation 2
The Regulations commence on a day to be notified by the Minister in the Gazette for the purposes of the proposed Regulations.
Regulation 3
Schedule 1 amends the Export Inspection and Meat Charges Collection Regulations 1985.
Schedule 1
Item 1 amends subregulations 2C(2) and (3) to reflect that the charge for a charge period is due for payment on the day shown on an invoice issued by AQIS to the person who is liable to pay the charge.
Item 2 amends regulation 6 to reflect that where a person is liable to pay in a financial year a:
- establishment registration charge under the Export Inspection (Establishment Registration Charges) Act 1985;
- quantity charge under the Export Inspection (Quantity Charge) Act 1985; or
- service charge under the Export Inspection (Service Charge) Act 1985
the Secretary may refund some or all of the charge in accordance with amended regulation 6.
The Secretary must be satisfied that full charge need not be collected with respect to cost recovery for the service and must take into account any amount already paid or liable to pay by the person when determining the amount of any refund.
This subregulation may be applied where, for example, a meat establishment has paid an annual base registration charge for the financial year 2011/2012 prior to commencement of the ERC Regulations.
Overview
The Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 1) were introduced to amend the Export Inspection and Meat Charges Collection Regulations 1985, which are made under the Export Inspection and Meat Charges Collection Act 1985. This Act, enacted in 1985, provides for the collection of charges imposed by related acts, including the Export Inspection (Establishment Registration Charges) Act 1985. The purpose of these amendments is to clarify that amounts charged for a charge period are due for payment on the day shown on an invoice issued by the Australian Quarantine and Inspection Service (AQIS) to the person liable to pay the charge, and to simplify the procedure for the Secretary to remit or refund amounts paid by registered establishments. The policy objective is to provide a clearer framework for the collection of establishment registration charges, ensuring that they are due for payment on the date specified in the invoice, and to streamline the process for refunds or remissions of charges, which must be based on cost recovery considerations.
Scope and Application
The Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 1) apply to entities and persons involved in the meat industry, particularly those registered under the Export Inspection (Establishment Registration Charges) Act 1985, the Export Inspection (Quantity Charge) Act 1985, and the Export Inspection (Service Charge) Act 1985. These regulations are instrumental in clarifying the payment timelines for charges related to the registration of establishments involved in the preparation of prescribed commodities, namely meat and meat products. The scope of these regulations extends to the entire Commonwealth of Australia, ensuring a standardised approach to charge collection and refund processes across the meat export industry. The regulations provide specific guidelines for when charges are due and the conditions under which refunds may be granted by the Secretary, thereby simplifying the charge payment and refund procedures. Any exclusions or exemptions from these regulations are not explicitly stated in the explanatory statement, and it is likely that the detailed application would be further defined in the subordinate instruments and specific regulations.
Key Provisions
The Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 1) modify existing regulations to streamline the payment process and the conditions under which refunds can be granted. Specifically, Regulation 1 names the Regulations, while Regulation 2 specifies that they will commence on a date to be announced by the Minister. Regulation 3 and Schedule 1 amend the Export Inspection and Meat Charges Collection Regulations 1985 to ensure charges for a charge period are due for payment on the day shown on an invoice issued by AQIS (Australian Quarantine and Inspection Service) to the person liable to pay the charge (Item 1). Furthermore, it clarifies the conditions under which the Secretary can refund some or all of the charges (Item 2).
Under the amended regulations, entities governed by the Export Inspection and Meat Charges Collection Act 1985 must adhere to the new payment deadlines and refund criteria. The requirement to pay charges on the invoice date issued by AQIS means that all establishments must ensure timely payment to avoid any potential penalties or complications. Additionally, the conditions for refunds have been simplified, allowing the Secretary to refund charges if full collection is deemed unnecessary for cost recovery, provided they consider any amounts already paid or owed by the establishment. This process aims to provide clarity and fairness in the payment and refund mechanisms.
Failure to comply with the provisions set out in the Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 1) may result in legal consequences. For instance, if an establishment fails to pay the charges by the specified invoice date, it may be liable for penalties or additional charges imposed by the Commonwealth. Similarly, any misuse of the refund process, such as making unfounded claims for refunds, could lead to legal action. The exact penalties for non-compliance are not detailed in the explanatory statement but would be in accordance with the general legal framework governing the Collection Act.