Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1995 No. 169
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 169
Issued by the authority of the Minister for Primary Industries and Energy
Export Inspection and Meat (Establishment Registration Charges) Act 1985
Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment)
Section 9 of the Export Inspection and Meat (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 (the Regulations) prescribe establishment classifications and rates of charge imposed by the Act.
The purpose of the proposed Export Inspection and Meat Establishment Registration Charges) Regulations (Amendment) is to add an additional establishment classification and charge. The classification sets a common rate of charge for establishments owned by, or part of, a corporation or co-operative which exported less than 2,000 tonnes of dairy produce in the previous financial year.
The establishment registration charges are part of the mix of charges agreed by industry to recover the costs of providing export inspection services.
Establishments owned by, or part of, a corporation or co-operative which exported greater than 2,000 tonnes of dairy produce in the previous financial year are categorised under Item number 10A in the Schedule. Dairy produce establishments have been omitted from other classifications in the Schedule.
As requested by industry, dairy processing establishments are now itemised into two registration categories only. In the past, dairy processing establishments were itemised into four categories aling with fish, processed fruit and processed vegetable export establishments.
Details of the proposed Regulations as follows:
Regulation 1 - Commencement
Subregulation 1.1 provides for the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) to commence on 1 July 1995.
Regulation 2 -Amendment
Subregulation 2.1 provides that the Regulations are amended as set out in the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment).
Regulation 3 - Schedule 1 (Registration charges for non-meat establishments)
Subregulation 3.1 omits establishments associated with the processing or packing of dairy produces from Item number 5 in the schedule.
Subregulation 3.2 omits dairy products from the list of products under Item number 6 in the schedule.
Subregulation 3.3 omits dairy products from the list of products under Item number 7 in the schedule.
Subregulation 3.4 inserts the new charge category after item 10A in the schedule. The new charge will be $1,750 per annum.
Overview
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1995 No. 169 was enacted to address the need for an updated regulatory framework that reflects changes in the dairy industry's export practices. This legislative amendment was introduced under the authority of the Minister for Primary Industries and Energy to adjust the registration charges for establishments involved in the export of dairy produce. The overarching policy objective is to align the regulatory charges with industry contributions for export inspection services, ensuring that the costs are fairly distributed among different categories of dairy processing establishments based on their export volumes. The amendment introduces a new classification for establishments owned by, or part of, a corporation or co-operative that exported less than 2,000 tonnes of dairy produce in the previous financial year, setting a specific charge for these entities.
The Export Inspection and Meat (Establishment Registration Charges) Act 1985 serves as the foundation for these regulations, allowing the Governor-General to enact necessary amendments that are not inconsistent with the Act. The 1995 amendment to the regulations aims to streamline the classification of dairy processing establishments into two categories, responding to industry feedback. This refinement seeks to ensure that the registration charges accurately reflect the industry's current operational landscape and support the efficient management of export inspection services. The new regulations, effective from 1 July 1995, introduce a specific charge of $1,750 per annum for the newly classified category of dairy processing establishments.
Scope and Application
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1995 No. 169 applies to the establishment classifications and rates of charge imposed under the Export Inspection and Meat (Establishment Registration Charges) Act 1985. Specifically, the amendment introduces a new classification and charge for establishments owned by or part of a corporation or co-operative that exported less than 2,000 tonnes of dairy produce in the previous financial year. This amendment responds to industry requests by simplifying the classification of dairy processing establishments, now limited to two categories, and omitting dairy produce from other classifications within the Schedule. The amendment does not alter the broader application of the Act but rather refines the specific categories and charges within the regulatory framework. These Regulations commence on 1 July 1995, as per the provisions of the amendment.
Key Provisions
The main operative sections of the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1995 (No. 169) include Regulation 1, which sets the commencement date for the Amendment as 1 July 1995 (Regulation 1.1), and Regulation 2, which details the specific amendments made to the existing Regulations (Regulation 2.1). Regulation 3 outlines the changes to the Schedule, specifically the removal of dairy-related establishments from certain items (Regulation 3.1 to 3.3) and the addition of a new charge category (Regulation 3.4). These changes are designed to refine the classification system for export inspection charges, ensuring that the charges accurately reflect the volume of dairy produce exported by various entities.
The Regulations impose several obligations and requirements on the parties they govern. For example, entities that own or are part of a corporation or co-operative must comply with the new classification system and pay the corresponding charges. The charge rates are determined based on the volume of dairy produce exported in the previous financial year. Specifically, establishments that exported less than 2,000 tonnes of dairy produce will be subject to a new common rate of $1,750 per annum, as outlined in the amended Schedule. This requirement ensures that the costs of providing export inspection services are appropriately allocated according to the volume of produce exported.
Breach of the provisions set out in the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1995 (No. 169) could lead to civil or criminal consequences. While the specific penalties are not detailed in the provided text, under the original Act, non-compliance with regulations related to export inspection and meat establishment registration charges could result in penalties. These penalties might include fines or other sanctions imposed by the relevant authorities. The precise nature and extent of these penalties would be determined based on the specific breach and the relevant laws in force at the time of the offence.