EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 237
Issued by the authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry
Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 3)
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 fish and fish products and egg and egg products are a prescribed commodity.
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 consulted industry through face to face meetings with exporters and industry bodies representing the seafood or egg industry. AQIS provided an information pack to all fish and egg export registered facilities. AQIS has also consulted with the seafood export industry in the development of a new cost recovery model.
OBPR has been consulted and advised that a RIS is not required (reference 13343). 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. 3).
Regulation 2
The Regulations commence on 1 January 2012.
Regulation 3
Schedule 1 amends the Export Inspection and Meat Charges Collection Regulations 1985.
Schedule 1
Item 1 amends regulation 2 by inserting the definition of “egg establishment” in the Charges Regulations to extend the application of the Principal Regulations to egg and egg products.
Item 2 inserts a new regulation 2DA to reflect that 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 3 inserts after subregulation 6(3) a new subregulation relating to refund or remission of charge. This provides that a person is taken to have been liable to pay the amount in relation to the part of the charge period that would have fallen on or after
1 January 2012 if:
- a person had paid, or was liable to pay, an amount of charge under the Charges Regulations before 1 January 2012; and
- the charge related to an egg or fish establishment described in those regulations and the amount of charge related to an amount of a charge period.
Item 4 substitutes subregulation 6A (1) with a new subregulation 6A (1). This is a technical amendment to allow the part to refer to the correct paragraphs and subregulations in the Principal Regulations.
Overview
The Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 3) were enacted to amend the Export Inspection and Meat Charges Collection Regulations 1985, thereby addressing specific issues related to the timing and procedure for the payment and refund of charges imposed on the registration of establishments involved in the preparation of prescribed commodities such as fish, fish products, eggs, and egg products. This legislative amendment was introduced to clarify the point at which charges become due for payment and to streamline the process for remitting or refunding charges, as well as to extend the scope of the regulations to include egg establishments. The regulations were issued under the authority of the Export Inspection and Meat Charges Collection Act 1985 and aim to ensure that charges are collected in a manner that is both clear and efficient, reflecting a commitment to good governance and the simplification of administrative procedures within the agricultural and export sectors.
Scope and Application
The Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 3) amends the Export Inspection and Meat Charges Collection Regulations 1985 to provide clarity on the payment of charges for a charge period and to simplify the procedure for the remission or refund of charges. These Regulations apply to entities engaged in the registration of establishments for the preparation of fish, fish products, egg, and egg products for export, thereby extending the scope of the Principal Regulations to include egg and egg products. The changes are intended to facilitate compliance by specifying that charges are due on the day shown on an invoice issued by the Australian Quarantine and Inspection Service (AQIS) to the person liable to pay the charge. The Regulations also adjust the process for refunding or remitting charges to those who have paid or are liable to pay an amount of charge before 1 January 2012, relating to an egg or fish establishment. The application of these Regulations is national, as they are made under the Commonwealth's authority to implement the Export Inspection and Meat Charges Collection Act 1985, which itself is underpinned by the Export Inspection (Establishment Registration Charges) Act 1985. The Regulations do not specify exclusions, exemptions, or thresholds, but they do refine the administrative processes concerning charge payments and refunds, thereby ensuring a more straightforward compliance environment for industry stakeholders.
Key Provisions
The Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 3) bring forth several key provisions under the Export Inspection and Meat Charges Collection Act 1985 (Collection Act) and the Export Inspection (Establishment Registration Charges) Act 1985 (Charges Act). Regulation 3 of the Amendment Regulations amends the Export Inspection and Meat Charges Collection Regulations 1985 (Principal Regulations). Firstly, it redefines "egg establishment" in the Charges Regulations to encompass egg and egg products, ensuring that the Principal Regulations now apply to these products (Item 1). Secondly, it specifies that the charge period is due for payment on the day shown on an invoice issued by AQIS to the person liable to pay the charge, thus clarifying the timing of payment obligations (Item 2). Thirdly, it introduces a new subregulation in relation to the refund or remission of charges, stating that a person is deemed to have been liable to pay the amount for a charge period if they had paid, or were liable to pay, a charge before 1 January 2012, provided it related to an egg or fish establishment and the amount of charge related to a charge period (Item 3). Lastly, it makes a technical amendment to subregulation 6A(1) to ensure references to the correct paragraphs and subregulations within the Principal Regulations (Item 4).
These Regulations impose specific obligations on the parties governed by them. Firstly, they require that charges for the registration of establishments related to the preparation of prescribed commodities such as fish, fish products, egg, and egg products are due for payment on the day shown on an invoice issued by AQIS. This clears up any ambiguity regarding the timing of these payments. Secondly, they allow the Secretary to remit or refund amounts paid by registered establishments, simplifying the procedure for such actions. This ensures that registered establishments can have their charges adjusted or refunded under specified conditions, thus providing a more streamlined process.
The Amendment Regulations do not explicitly list offences, penalties, or civil/criminal consequences for breach within the text provided. However, the Collection Act allows for the recovery of charges due to the Commonwealth as a debt, implying that failure to pay charges as required under the Regulations could lead to enforcement actions by the Commonwealth to recover the due amount. The exact consequences, such as penalties or interest, are not specified in the provided text but would typically be outlined in the Principal Regulations or other related legislation.