Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1997 No. 265
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 265
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 proposed Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) is to amend the existing rates of charge for registration of export meat establishments. The amended charges reflect the agreement reached between the Government and the Meat Processing Industry on the measures for reform of the Australian Quarantine and Inspection Service (AQIS) meat inspection service, This agreement includes the charge structure to apply for 1997/98.
The fee amendments reflect the decision by the Government to provide a $3.6 million subsidy in 1997/98 to reduce the impact of full cost recovery on industry.
The Regulations are to be retrospectively applied to 1 July 1997. In retrospectively applying the amended fees, no client will be disadvantaged. Subsection 48(2) of the Acts Interpretation Act 1901 is not relevant in this case, as all of the proposed amendments either retain existing rates of charge or are reduced from those rates currently legally enforceable. Establishment registration charges are payable on a quarterly basis and invoices for the first quarter of 1997/98 are yet to be issued which will enable the reduced charges to be applied for the full financial year.
Details of the Regulations are as follows:
Regulation 1 - Commencement
Subregulation 1.1 provides that the Regulations as amended are taken to have commenced on 1 July 1997.
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 "apportionment factor". This definition is not required as the situation is spelt out in detail in Regulation 7.
Regulation 4 - Rates of charge meat establishments (Regulation 7)
Subregulation 4.1 replaces the existing Regulations 7 and 8. The new regulations clearly detail the rate of charge that will be applicable for an export slaughter establishment in circumstances where more than one establishment is located in one premises.
Regulation 5 - Contributing export slaughter establishment (Regulation 12) and Charge for contributing export slaughter establishment (Regulation 12A)
Subregulation 5.1 omits the existing regulation. This regulation is not required, as charges for establishments in this situation are payable under regulation 8.
Regulation 6 - Apportionment factors for calculation of charge (Regulation 13)
Subregulations 6.1 to 6.6 provide for apportionment of charges for export registered processing and boning establishment where more than one is located in the same premises. The subregulations amend references to items in the revised Schedule 2.
Regulation 7 - Schedule 2 (Registration charges-meat establishments)
Subregulation 7.1 omits Schedule 2 and substitutes an amended Schedule. The new Schedule provides for the application of the fee structure, including fee reductions, as agreed between the Government and the Meat Processing Industry.
Overview
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1997 No. 265 were enacted to amend the rates of charge for the registration of export meat establishments, reflecting the agreement between the Government and the Meat Processing Industry on the reform of the Australian Quarantine and Inspection Service (AQIS) meat inspection service. This legislative amendment was introduced under the authority of the Minister for Primary Industries and Energy and was issued to provide a $3.6 million subsidy in 1997/98, aimed at mitigating the impact of full cost recovery on the industry. The policy objective of these amendments is to ensure that the fee structure for the meat inspection service is both fair and sustainable, taking into account the agreed-upon charge structure for the financial year. The Regulations were designed to be applied retrospectively to 1 July 1997, ensuring that no client would be disadvantaged by the reduced charges, which were set to be reflected in the invoices for the first quarter of 1997/98.
Scope and Application
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1997 No. 265 applies to entities involved in the export of meat within Australia, specifically targeting meat establishments that require registration under the Export Inspection (Establishment Registration Charges) Act 1985. This Act mandates the payment of establishment registration charges for meat processing facilities that export meat products, ensuring compliance with inspection and quality standards. The Regulations, which are statutory rules issued under the authority of the Minister for Primary Industries and Energy, modify the existing rates of charge for such registrations. They are designed to reflect the agreement reached between the Government and the Meat Processing Industry on the reform of the Australian Quarantine and Inspection Service (AQIS) meat inspection service. These amendments apply nationally and are retrospective to 1 July 1997, ensuring no client is disadvantaged by the changes. The new fee structure incorporates a $3.6 million subsidy provided by the Government for 1997/98 to mitigate the full cost recovery impact on the industry. The charges are payable on a quarterly basis, with the amendments allowing for the reduced charges to be applied from the first quarter of the financial year.
Key Provisions
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1997 No. 265 (the Regulations) amends the Export Inspection (Establishment Registration Charges) Act 1985 (the Act). The primary operative sections of the Regulations include Regulation 1, which sets the commencement date for the amended regulations as 1 July 1997 (Regulation 1(1)). Regulation 2 details the amendments to the existing regulations (Regulation 2(1)). Regulation 4 modifies the rates of charge for meat establishments (Regulation 4(1)). Regulation 7 replaces the original Schedule 2, which outlines the registration charges for meat establishments, with a new schedule that reflects the agreed fee structure (Regulation 7(1)). These changes are intended to implement the agreement reached between the Government and the Meat Processing Industry regarding the reform of the Australian Quarantine and Inspection Service (AQIS) meat inspection service, including the new charge structure for 1997/98.
The Regulations impose several obligations on the entities they govern. Under Regulation 1, the amended regulations are to be applied retrospectively from 1 July 1997 (Regulation 1(1)). Regulation 4 details the new rates of charge for meat establishments, ensuring that the fees are adjusted in line with the agreement between the Government and the Meat Processing Industry (Regulation 4(1)). Regulation 7 replaces the existing schedule of charges with a new schedule, which must be adhered to for the financial year 1997/98 (Regulation 7(1)). These obligations ensure that the amendments to the fees are implemented as agreed, without disadvantaging any clients.
The Regulations also outline potential consequences for non-compliance. While the explanatory statement does not explicitly mention offences or penalties, failure to comply with the amended rates of charge could lead to legal challenges or disputes regarding the fees owed. The amended charges are designed to be applied from the specified commencement date, and any deviation from these charges could potentially lead to disputes over the validity of the fees charged. The new schedule of charges ensures that the agreed fee structure is implemented, and any non-compliance with these charges could result in financial implications for the parties involved.