Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment)

Administered by Department of Agriculture

Legislation au F1996B01690 Regulations Not in force Legislative Instrument

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Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 17

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 17

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 purpose of the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) is to reduce existing meat establishment charges for the 1995/1996 financial year and add an additional establishment classification and charge.

The establishment registration charges are part of the mix of charges agreed by industry to recover the costs of providing export meat inspection services.

The reduced establishment charges are the result of a recent Meat industry agreement. The reduced charges will be offset by the introduction of documentation charges to fund AQIS's export documentation system. Revised annual charges for Meat establishments are to commence from 1 February 1996, and the charges in the Amendment reflect a proportion of old and new charges to cover the financial year 1995/1996.

A new category of charge, for export casings establishments that exported less than 100 tonnes of meat or meat products in the immediately preceding financial year, is also included in the Amendment. Previously, one higher charge applied for all export casings establishments, so this charge provides financial relief for smaller establishments.

Details of the Regulations are as follows:

Regulation 1 - Commencement

Subregulation 1.1 provides for the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) to commence on 1 February 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 - Interpretation

Subregulation 3.1 omits the definition of "contributing export slaughter establishment". This definition is no longer required as it is now detailed in the newly substituted regulation 12 of the Regulations.

Subregulation 3.2 inserts a definition of a "meat product".

Regulation 4 - Imposition of Charge

Subregulation 4.1 expands the prescribed commodity "meat", to read "meat, including meat products". The prescribed commodity has also been renumbered to list all commodities in numerical order.

Subregulation 4.2 omits paragraph 4(1)(1), as this prescribed commodity has now been renumbered to 4(1)(i). The previous prescribed commodities listed against 4(1)(i) and 4(1) were deleted some time ago.

Regulation 5 - Amount of charge - 1994 and 1995 financial years

Subregulation 5.1 updates subregulation 7(1) to remove the reference to 1 July 1994 in relation to rates of charge for the registration of meat establishments. This reference was relevant at the time it was legislated due to different fee rates between 1993/94 and 1994/95 but is no longer required. The subregulation now simply reads "1 July".

Subregulation 5.2 updates subregulation 7(2) to remove the reference to 1 July 1994 in relation to part year rates of charge. This reference was relevant at the time it was legislated due to different fee rates between 1993/94 and 1994/95 but is no longer required. The subregulation now simply reads "1 July".

Regulation 6 - Amount of charge - financial year commencing on 1 July 1993

Subregulation 6.1 omits regulation 8 of the Regulations. This regulation referred to the amount of charge in the financial year commencing on 1 July 1993 and is no longer applicable.

Regulation 7 - Reduction in charge for eat establishment previously on the anniversary system

Subregulation 7.1 omits regulation 10 of the Regulations. This regulation referred to charging for registration renewals in the period 3 January 1993 to 31 December 1993 and as such is no longer applicable.

Regulation 8 - Payments by export slaughter establishments

Subregulation 8.1 updates the existing regulation 12 of the Regulations into a simpler and more understandable format. The Regulation refers to the payments by export slaughter establishments where they are located on the same premises as a separately registered export boning or processing establishment. The Regulation provides for the export slaughter establishments to contribute registration charges on behalf of the boning and processing establishments.

Regulation 9 - Charge for contributing export slaughter establishment

Subregulation 9.1 inserts a new regulation 12A to provide for the registration charges payable by a contributing export slaughter establishment. This was previously provided for by a 'note' within regulation 12 of the Regulations. The new regulation updates the previous Regulation into a simpler and more understandable format.

Regulation 10 - Apportionment factors for calculation of charge

Subregulations 10.1 to 10.7 update subregulations 13(1) and 13(2) of the Regulations to refer to the correct Items within the new Schedule 2. The new Schedule 2 lists the rates of charge payable for each category of registration.

Regulation 11 - Schedule 2 (Annual Registration Charges for Meat Establishments)

Subregulation 11.1 provides for an amended Schedule 2. The amended Schedule 2 reflects reductions to annual registration charges for meat establishments that will commence on 1 February 1996.

The amended Schedule 2 also inserts a new category for exports casings establishments that export less than 100 tonnes of meat or meat products in the a financial year. The new charge is $2,466.

 

Overview

The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 17 were enacted to amend the existing regulations under the Export Inspection (Establishment Registration Charges) Act 1985. The amendments were made in response to a recent Meat industry agreement that sought to reduce the financial burden on meat establishments by lowering the existing meat establishment charges for the 1995/1996 financial year. Additionally, the Amendment introduced a new category of establishment registration charge for export casings establishments that exported less than 100 tonnes of meat or meat products in the immediately preceding financial year. This amendment was intended to provide financial relief for smaller establishments. The Regulations were issued by the authority of the Minister for Primary Industries and Energy and aim to reflect the agreed-upon industry changes. The purpose of the Amendment is to reduce the annual registration charges for meat establishments and introduce a new charge category for export casings establishments with lower export volumes. The changes are designed to offset the reduced charges by introducing documentation charges to fund the Australian Quarantine and Inspection Service's export documentation system. The new charges are set to commence from 1 February 1996, and the Amendment includes a proportion of old and new charges to cover the financial year 1995/1996. The revised annual charges for meat establishments aim to better reflect the costs of providing export meat inspection services while providing financial relief to smaller establishments.

Scope and Application

The Export Inspection (Establishment Registration Charges) Regulations (Amendment) 1996 applies to entities engaged in the meat industry, specifically those that export meat or meat products, and covers meat establishments and their registrations. These regulations are established under the authority of the Export Inspection (Establishment Registration Charges) Act 1985, and their purpose is to modify the existing establishment registration charges to reflect a Meat Industry Agreement for the 1995/1996 financial year. The regulations aim to reduce the charges for meat establishments while introducing documentation charges to support the Australian Quarantine and Inspection Service's export documentation system. The regulations also introduce a new classification for export casings establishments that exported less than 100 tonnes of meat or meat products in the previous financial year, providing a reduced charge for smaller establishments. The amendment to the regulations applies across Australia, and they come into effect on 1 February 1996. The regulations include specific definitions, charge impositions, and a schedule of rates for different categories of meat establishments. Subordinate instruments may further extend or restrict the application of these regulations as needed.

Key Provisions

The main operative sections of the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 17 (the Amendment) provide for changes to the establishment registration charges for meat and meat products. Regulation 1 establishes the commencement date of the Amendment as 1 February 1996 (Regulation 1). Regulation 2 specifies that the Amendment is to amend the existing Export Inspection and Meat (Establishment Registration Charges) Regulations (Regulation 2). Regulation 3 provides definitions, including the definition of "meat product" (Regulation 3.2). Regulation 4 expands the scope of the prescribed commodity "meat" to include "meat products" (Regulation 4.1). Regulation 5 updates the reference to 1 July in relation to the rates of charge for the registration of meat establishments (Regulation 5). Regulation 6 removes a reference to the financial year commencing on 1 July 1993 (Regulation 6). Regulation 7 removes a reference to charging for registration renewals in the period 3 January 1993 to 31 December 1993 (Regulation 7). Regulation 8 simplifies the existing regulation 12 of the Regulations (Regulation 8.1). Regulation 9 inserts a new regulation 12A to provide for the registration charges payable by a contributing export slaughter establishment (Regulation 9.1). Regulation 10 updates the apportionment factors for the calculation of charge (Regulations 10.1 to 10.7). Regulation 11 provides for an amended Schedule 2, reflecting reductions to annual registration charges for meat establishments and the introduction of a new category for export casings establishments (Regulation 11.1). The Amendment imposes obligations on meat and meat products establishments to comply with the reduced registration charges and any new charges introduced. Meat establishments must pay the reduced annual registration charges effective from 1 February 1996 (Regulation 11.1). Export casings establishments that exported less than 100 tonnes of meat or meat products in the immediately preceding financial year must pay the new charge introduced by the Amendment (Regulation 11.1). Export slaughter establishments located on the same premises as a separately registered export boning or processing establishment must contribute registration charges on behalf of the boning and processing establishments (Regulation 8.1). Contributing export slaughter establishments must pay the registration charges as specified in the new regulation 12A (Regulation 9.1). Breaches of the Amendment may result in penalties. However, the Amendment does not explicitly state the penalties for non-compliance. Generally, under Australian legislation, penalties for non-compliance can include fines and other civil or criminal consequences. The maximum penalties would depend on the specific breach and the relevant legislation governing the enforcement of the Amendment. It is important to note that the Amendment itself does not specify the penalties for non-compliance, and further information may be available in the primary legislation or related regulations.

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