Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2001 (No. 2) 2001 No. 135
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 135
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Inspection (Establishment Registration Charges) Act 1985
Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2001 (No. 2)
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 impose charges in relation to the registration of export establishments.
The Horticulture Export Program of the Australian Quarantine Inspection Service is responsible for ensuring that exported horticultural products are prepared in accordance with the requirements of the Export Control Act 1982, and thereby ensuring products are wholesome and fulfil the certification requirements imposed by importing country authorities. Program costs are fully recovered from the export industry. Recent reviews by the Quarantine Export Advisory Committee, KPMG consulting and the Horticulture Exports Program Steering Committee identified the need to ensure that overhead costs of the program should be more equitably distributed amongst all sectors of the industry,
The purpose of the Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2001 (No 2) is to standardise registration charges that apply to establishments associated with preparing, storing or inspecting dried fruits, fresh fruit and vegetables for export.
The Regulations reflect the agreement reached between the Government and the export horticulture industry about registration charges to be applied from 1 July 2001.
The Regulations commence on 1 July 2001.
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 2001 (No. 2).
Regulation 2 provides that the Regulations commence on 1 July 2001.
Regulation 3 provides that Schedule 1 amend the Export Inspection and Meat (Establishment Registration Charges) Regulations 1985.
Schedule 1
Schedule 1 Amendments
Item 1 removes plants and plant products from the list of prescribed commodities set out under sub section 4(1) since registration charges are no longer to be imposed for establishments that store or inspect plant and plant products.
Item 2 amends Part 3 of schedule 1, to:
• increase the registration charge that applies to establishments that prepare, store or inspect fresh fruit and vegetables from $431 per year to $600;
• decrease the registration charge that applies to establishments that process or pack dried fruit from $1,080 per year to $600; and
• remove the registration charge that applies to establishments that store or inspect plant and plant products since the recovery of the costs associated with registering establishments that store or inspect plant and plant products will be collected by an alternate mechanism.
Overview
The Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2001 (No. 2) were enacted to address discrepancies in the distribution of overhead costs among various sectors of the export horticulture industry. This regulation was introduced by the Parliament of Australia under the authority of the Minister for Agriculture, Fisheries and Forestry, and is intended to ensure that the costs associated with the Horticulture Export Program of the Australian Quarantine Inspection Service are more equitably distributed. The policy objective behind these regulations is to standardise registration charges for establishments involved in the preparation, storage, and inspection of dried fruits, fresh fruit, and vegetables for export, reflecting an agreement between the government and the horticulture export industry.
The amendments, which took effect on 1 July 2001, primarily involve removing plants and plant products from the list of prescribed commodities for which registration charges are applied, and adjusting the registration charges for establishments involved in the preparation, storage, or inspection of fresh fruit and vegetables, as well as those involved in the processing or packing of dried fruit. These changes aim to align the costs more closely with the actual services provided, ensuring that the financial burden is shared more fairly across the industry.
Scope and Application
The Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2001 (No. 2) apply to the registration of export establishments involved in the preparation, storage, or inspection of fresh fruit, fresh vegetables, and dried fruits for export purposes. These regulations, made under the authority of the Export Inspection (Establishment Charges) Act 1985, aim to standardise the registration charges levied on these establishments to ensure a more equitable distribution of overhead costs among the export horticulture industry. The regulations specifically exclude plant and plant products from the list of prescribed commodities subject to registration charges, as these costs will now be recovered through an alternate mechanism. The changes outlined in the regulations reflect agreements between the government and the export horticulture industry, and they commenced on 1 July 2001. These regulations have a national reach, applying across Australia and covering all export establishments within the specified sectors.
Key Provisions
The Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2001 (No. 2) (the Regulations) amend the Export Inspection and Meat (Establishment Registration Charges) Regulations 1985 (the 1985 Regulations) to adjust the registration charges for certain export establishments. The key operative sections are Regulation 1, which names the Regulations, and Regulation 2, which states that they commence on 1 July 2001. Regulation 3 indicates that Schedule 1 amends the 1985 Regulations.
The Regulations impose specific obligations on the parties governed by them, including the requirement to register export establishments involved in preparing, storing, or inspecting fresh fruit and vegetables, and dried fruits for export. The amendments made by Schedule 1 of the Regulations require that these establishments now face a standardised registration charge of $600 per year. This includes establishments that process or pack dried fruit, and those that prepare, store or inspect fresh fruit and vegetables. The Regulations also remove the registration charge for establishments that store or inspect plant and plant products, and these costs will be recovered through an alternate mechanism.
Any breaches of these Regulations may lead to penalties and consequences. The specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided text, but generally, non-compliance with statutory regulations can result in fines, legal action, and other enforcement measures. The maximum penalties for such breaches would depend on the severity of the violation and the specific statutory provisions under which the action is taken.