Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 193
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 193
Issued by the authority of the Minister for Primary Industries and Energy
Export Inspection (Establishment Registration Charges) Act 1985
Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment)
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 (the Regulations) prescribe establishment classifications and rates of charge imposed by the Act.
The Export Inspection and Meat (Establishment Registration Charges) Regulations (the Regulations) prescribe establishment classifications and rates of charge imposed by the Act. Export establishments are classified into meat and non-meat categories. Meat establishments are classified into categories of storing, slaughtering, boning, casings or processing plants depending on the type of activity that is undertaken.
Non-meat establishments incorporate fish, dairy, dried fruit, poultry and plant commodities. As with meat, they are classified into similar categories of storing, processing, slaughtering and packing depending on the type of activity that is undertaken.
The purpose of the proposed Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) is to increase existing rates of charge for establishments associated with the preparation, storage or inspection of fresh fruit and vegetables or plant products for export.
The increases are required to off-set reductions to Community Service Obligation (CSO) funding in the Australian Quarantine and Inspection Service's Plant Exports program. A CSO is an activity that is either undertaken in response to a Government requirement, intended to result in a community or social service, or where no identifiable end-user exists from whom the cost can be recovered.
The reductions are part of the savings announced by the Government in the 1996/97 Budget and will now be recovered through client charges.
Details of the Regulations we as follows:
Regulation 1 - Commencement
Subregulation 1.1 provides that the Regulations as amended will commence on 1 September 1996.
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 - Rates of Charge - non-meat establishments
Subregulation 3.1 replaces the heading of the existing Regulation 6. For consistency purposes, the 'non-meat establishments' heading has been amended to bring it into line with the heading for 'meat establishments' under Regulation 7. The amendment provides for the Regulations to be more easily read and understood.
Regulation 4 - Schedule 1 (Registration charges for non-meat establishments)
Subregulation 4.1 provides for an increase in the registration charge for an export establishment associated with the preparation, storage or inspection of fresh fruit and vegetables from $346 to $369.
Subregulation 4.2 provides for an increase in the registration charge for an export establishment associated with the preparation, storage or inspection of plants from $346 to $369.
Overview
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 193 were enacted to address a shortfall in funding for the Australian Quarantine and Inspection Service's Plant Exports program. This shortfall was identified as a result of reductions to Community Service Obligation (CSO) funding announced in the 1996/97 Budget. The objective of these amendments is to offset these reductions by increasing the charges for establishments involved in the preparation, storage, or inspection of fresh fruit, vegetables, or plant products for export purposes. The regulations were issued by the Minister for Primary Industries and Energy under the authority of the Export Inspection (Establishment Registration Charges) Act 1985, which allows for the establishment of charges necessary to carry out the Act's provisions. The changes are designed to ensure that the costs associated with community services in the plant exports sector are adequately covered through client charges.
Scope and Application
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 193 pertains to the Export Inspection (Establishment Registration Charges) Act 1985, which applies to establishments involved in the export of meat and non-meat products such as fish, dairy, dried fruit, poultry, and plant commodities. The legislation classifies export establishments into categories based on their activities, such as storing, slaughtering, boning, casings, processing, or packing, and sets forth the applicable rates of charge. The Amendment Regulations specifically target the adjustment of existing rates for non-meat establishments engaged in the preparation, storage, or inspection of fresh fruit and vegetables or plant products for export purposes. These amendments are intended to offset reductions in Community Service Obligation (CSO) funding within the Australian Quarantine and Inspection Service's Plant Exports program. The increased charges are to be implemented from 1 September 1996, as stipulated by the Regulations, and aim to recover costs previously covered by government funding.
Key Provisions
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 193 amends the existing regulations by adjusting the rates of charge for specific export establishment categories. Specifically, the amendments focus on increasing the charges for non-meat establishments involved in the preparation, storage, or inspection of fresh fruit and vegetables or plant products for export. These amendments are intended to compensate for reductions in Community Service Obligation (CSO) funding, which are now being recovered through client charges. Regulation 1 (subregulation 1.1) states that the amended regulations will commence on 1 September 1996. Regulation 2 (subregulation 2.1) confirms that the regulations are amended as outlined in the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment). Regulation 3 (subregulation 3.1) ensures that the heading for 'non-meat establishments' is amended to align with the 'meat establishments' heading, enhancing readability and understanding of the regulations. Regulation 4 (subregulation 4.1) increases the registration charge for export establishments associated with fresh fruit and vegetables from $346 to $369, and subregulation 4.2 similarly increases the charge for plant-related establishments from $346 to $369.
The amended regulations impose obligations on export establishments to comply with the new rates of charge for registration. Meat and non-meat establishments must adhere to the new charges set out in the amended regulations, ensuring they pay the updated fees for their respective activities. The changes are intended to reflect the new financial arrangement where reductions in CSO funding will be offset by these increased charges. The obligations are clear and require affected establishments to update their financial arrangements to reflect the new rates as of the commencement date specified in the regulations.
The amended regulations do not explicitly state any new offences or penalties for non-compliance with the new rates. However, non-compliance with registration charges under the Export Inspection (Establishment Registration Charges) Act 1985 may result in legal consequences as per the existing provisions of the Act. Typically, failure to comply with registration requirements can lead to enforcement actions, which may include fines or other penalties as prescribed by the relevant legislation. The specific penalties would be determined in accordance with the existing laws governing the enforcement of the Act, which may include administrative penalties or legal action to compel compliance.