Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1) 2000 No. 343
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 343
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry - Australia
Export Inspection (Establishment Registration Charges) Act 1985
Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1)
Section 9 of the Export Inspection (Establishment Registration Charges) 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 (Establishment Registration Charges) Regulations 1985 (the Regulations) impose charges in relation to the registration of export establishments.
The purpose of the Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1) is threefold. Firstly, to create a new charge category to assist those export game meat premises that export less than 100 tonnes per annum. The new charge category allows for a reduction in current registration charges that apply to those establishments. The second purpose is to clarify that registration charges applicable to export meat establishment that slaughter less than 750 tonnes of meat and meat products, apply only to small and emerging industry sectors. The third purpose is to amend the definition of an Approved Quality Assurance arrangement to reflect contemporary quality assurance systems in use by the export meat sector. The amendments reflect the agreement reached between the Government and the meat processing industry about registration charges to be applied for the 2000/01 financial year.
The amendments commence either, on gazettal or retrospectively on 1 July 2000. Regulations 1 to 3 and Schedule 1 commence retrospectively, and introduce a new charge category for export game slaughter establishments. The new charge category is designed to assist smaller processors by allowing for a lower registration charge, than is currently provided for in the Regulations. As a consequence, the amendments do not breach section 48 of the Acts Interpretation Act 1901 as the rights of any person are not adversely affected, nor is any liability imposed. Schedule 2 commences on gazettal.
Details of the amendment are set out below.
Regulation 1 provides that the Regulations are named the Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1).
Regulation 2 provides that regulations 1 to 3, and Schedule 1 are taken to have commenced on 1 July 2000 and that Schedule 2 commences on gazettal.
Regulation 3 provides that Schedules 1 and 2 amend the Export Inspection and Meat (Establishment Registration Charges) Regulations 1985.
Schedule 1
Item 1 amends Schedule 1 of the Regulations to create a new Part 2A, which sets out the establishments charges applicable to game establishments. A new class of establishment is created which applies to establishments that export less than 100 tonnes of game meat in the financial year before the charge period. This will allow such establishments to pay an annual registration charge of $1,500 rather than the current charge of $5,000. The $5,000 registration charge remains unchanged for those establishments that export 100 tonnes or more of game meat in the financial year before the charge period. The reduced charge is to apply retrospectively to those establishments that exported less than 100 tonnes of game meat in the financial year before the charge period ending June 2000.
Item 2 deletes Item 9, part 3 of Schedule 1, since this item is now set out in the newly created Part 2A.
Schedule 2
Item 1 omits the definition of an Approved Quality Assurance (AQA) arrangement.
Item 2 defines an emerging establishment.
Item 3 inserts a new definition of QAA that is consistent with quality assurance arrangements used by the export meat industry.
Item 4 amends the definition of "annual rate" set out in subregulation 7(4) as a consequence of the amendments set out in items 6 and 7 of Schedule 2 of the amending regulations.
Item 5 amends item 7 of Schedule 2 of the Regulations as a consequence of the new definition of QAA.
Item 6 and 7 amend items 11 and 12 of Schedule 2 of the Regulations to clarify that export slaughter establishments that slaughter less than 750 tonnes must be an emerging establishment before the applicable registration charge becomes $5000. For those establishments that slaughter less than 750 tonnes, but are not emerging establishments, the annual registration charge is $30,350. An emerging establishment is defined as an abattoir from which meat intended for human consumption, other than meat from bovine or ovine animals is obtained.
Overview
The Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1) were enacted to amend the Export Inspection and Meat (Establishment Registration Charges) Regulations 1985. This legislative amendment was introduced to address several issues related to the registration charges for export meat establishments. These changes were made to better cater to the needs of smaller export establishments and to update the definitions used in the regulations to reflect current industry practices. The purpose of these regulations, as stated, is to create a new charge category for export game meat establishments that process less than 100 tonnes per annum, thereby reducing the registration charges for these smaller establishments. Additionally, the regulations clarify that the lower registration charges for export meat establishments that slaughter less than 750 tonnes of meat and meat products apply only to small and emerging industry sectors. The policy objective behind these amendments is to provide a more equitable and relevant charge structure that supports the smaller segments of the export meat industry while maintaining the integrity of the overall regulatory framework.
The Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1) were made under the authority of the Minister for Agriculture, Fisheries and Forestry and aim to reflect the agreements reached between the government and the meat processing industry regarding registration charges for the 2000/01 financial year. The amendments were designed to ensure that the rights of any person are not adversely affected, nor is any liability imposed, thereby complying with section 48 of the Acts Interpretation Act 1901. The new charge category for export game slaughter establishments was introduced to assist smaller processors by allowing them to pay a lower registration charge, effective retrospectively from 1 July 2000. The changes to the definition of an Approved Quality Assurance arrangement were made to align with contemporary quality assurance systems in use by the export meat sector. These amendments provide a more responsive and fair regulatory environment for the export meat industry.
Scope and Application
The Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1) amends the Export Inspection and Meat (Establishment Registration Charges) Regulations 1985, which impose charges in relation to the registration of export establishments. These regulations apply to entities involved in the export of meat and game meat products in Australia. The primary objective of the amendment is to introduce a new charge category for export game meat premises that export less than 100 tonnes per annum, thereby reducing their registration charges. Additionally, the amendment aims to clarify that registration charges for export meat establishments that slaughter less than 750 tonnes of meat and meat products apply only to small and emerging industry sectors. The amendments also redefine the term 'Approved Quality Assurance arrangement' to align with contemporary quality assurance systems within the export meat sector. These changes reflect agreements reached between the government and the meat processing industry concerning registration charges for the 2000/01 financial year. The regulations apply nationally and extend their reach to all export meat establishments within Australia, regardless of the state or territory. Notably, the amendments do not impose any new liabilities or adversely affect the rights of any person, thereby complying with section 48 of the Acts Interpretation Act 1901. The new charge category for game slaughter establishments applies retrospectively to charges incurred before the amendment's commencement, while other changes take effect upon gazettal or as specified in the regulations.
Key Provisions
The Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1) (Regulations) introduce several key amendments to the Export Inspection and Meat (Establishment Registration Charges) Regulations 1985 (the existing Regulations). The most significant changes are the creation of a new charge category for export game meat establishments that process less than 100 tonnes of game meat per annum (Schedule 1, Item 1). This new category reduces the annual registration charge from $5,000 to $1,500, which applies retrospectively to charges incurred before the amendment. Furthermore, the Regulations clarify that the reduced registration charge of $5,000 applies only to emerging establishments that slaughter less than 750 tonnes of meat and meat products (Schedule 2, Items 6 and 7). For those establishments that do not meet the criteria of an emerging establishment, the registration charge remains at $30,350.
The Regulations impose several obligations on the parties they govern. Firstly, export game meat establishments that process less than 100 tonnes of game meat annually must apply for the new reduced registration charge, which is now $1,500. Secondly, export meat establishments that slaughter less than 750 tonnes of meat must identify themselves as emerging establishments to qualify for the reduced registration charge of $5,000. These obligations are detailed in Schedule 1 and Schedule 2 of the Regulations. The Regulations also require the establishment of a quality assurance arrangement (QAA) consistent with the practices of the export meat industry (Schedule 2, Item 3). This ensures that the quality and safety standards of exported meat are maintained.
Failure to comply with the provisions of the Regulations may result in civil or criminal consequences. While specific penalties are not mentioned in the Explanatory Statement, breaches of similar regulatory frameworks typically incur fines and potential prosecution. For example, non-compliance with registration requirements or failure to maintain the necessary quality assurance standards could lead to penalties under the Export Inspection (Establishment Registration Charges) Act 1985. The severity of these penalties can vary depending on the nature and extent of the breach, but they may include substantial fines and, in severe cases, criminal charges. It is crucial for affected parties to adhere to the new provisions to avoid any adverse legal repercussions.