Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1998 No. 75
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 75
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. 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, and plant commodities and, as with meat, are classified into categories.
The purpose of the proposed Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) is to amend the existing legislative descriptions of charges for registration of establishments involved in the storage, processing or packing of fish or fish products. Industry has endorsed the Amendment in recognition of the need to introduce revised descriptions of registration charges to ensure equity in their application to all registered establishments within the Export Fish Industry and to provide clarification of the various registration classifications relevant to those establishments.
In addition to the revised legislative descriptions, a standard charge applicable to establishments that partially process fish or fish products prior to export is introduced by the Amendment.
The Export Inspection (Establishment Registration Charges) Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Commencement
Subregulation 1. 1 provides that the Regulations as amended will commence on 5 May 1998.
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 - (Registration charges for non-meat establishments)
Subregulation 3.1 omits the existing Schedule 1 and substitutes an amended Schedule 1. The new Schedule provides for the application of revised classifications of registered operations that store, process or pack fish or fish products for export. In addition, a standard classification and annual registration charge relevant to establishments that partially process fish or fish products prior to export is introduced in the Schedule.
Overview
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1998 No. 75 was enacted to address the need for revised descriptions of registration charges for establishments involved in the storage, processing or packing of fish or fish products. This amendment was introduced to ensure equity in the application of these charges across all registered establishments within the export fish industry and to clarify the various registration classifications relevant to these establishments. The amendment was supported by industry, recognising the necessity for these changes. The Regulations were made under the authority of the Minister for Primary Industries and Energy and pursuant to section 9 of the Export Inspection (Establishment Charges) Act 1985, which allows for the Governor-General to make regulations necessary or convenient to carry out or give effect to the Act. The policy objective is to ensure that the charges are fairly applied and understood across the industry, thereby facilitating compliance and promoting a level playing field for all operators.
Scope and Application
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1998 applies to all establishments involved in the storage, processing, or packing of fish or fish products for export. This includes meat and non-meat categories, with non-meat specifically including fish, dairy, dried fruit, and plant commodities. The Amendment was endorsed by the industry to ensure equity and clarity in the application of registration charges. It amends the existing legislative descriptions of charges, introducing revised classifications and a standard charge for establishments that partially process fish or fish products prior to export. The Amendment also replaces the existing Schedule with an updated one that reflects these changes. The Regulations are made under the authority of the Export Inspection (Establishment Registration Charges) Act 1985 and commence on 5 May 1998. This Amendment extends the application of the Act by modifying the existing regulatory framework to better suit the current operational needs of the industry.
Key Provisions
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1998 No. 75, made under the Export Inspection (Establishment Registration Charges) Act 1985, introduces changes to the legislative framework governing the classification and charges for the registration of establishments involved in the export of fish and fish products. The key provisions (regulations) of these amendments are found in Regulation 1, which sets the commencement date as 5 May 1998, and Regulation 2, which states that the existing regulations are amended as per the outlined changes in the Amendment (reg. 2.1). Additionally, Regulation 3 specifically addresses the registration charges for non-meat establishments by substituting the existing Schedule 1 with an amended version (reg. 3.1). This new Schedule provides revised classifications for registered operations that store, process, or pack fish or fish products for export, along with a standard classification and annual registration charge for establishments that partially process fish or fish products prior to export.
These amendments impose obligations on the parties involved, particularly on establishments that engage in the export of fish and fish products. These obligations include the requirement to classify their operations correctly as per the revised Schedule 1 and to apply the appropriate annual registration charge. The new classification system aims to ensure equity and clarity in the application of charges across all registered establishments within the Export Fish Industry. By endorsing the Amendment, the industry acknowledges the need for such revisions to maintain a fair and transparent registration process.
The Export Inspection (Establishment Registration Charges) Regulations (Amendment) also delineates consequences for non-compliance with the new provisions. While the specific offences, penalties, or consequences for breach are not explicitly detailed in the provided text, it is reasonable to infer that breaches of the amended regulations could result in civil or administrative penalties, given the regulatory nature of the Act. The penalties for such breaches would likely be in line with the general provisions of the Act, which could include fines or other sanctions deemed appropriate by the authorities. The exact penalties are not specified in the provided excerpt, but they would be in accordance with the legal framework established by the Export Inspection (Establishment Registration Charges) Act 1985.