Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1997 No. 407
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 407
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) Regulation's (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 rates of charge for registration of establishments related to the preparation, storage or inspection of plants and plant products for export.
The increase in the registration charge rate for the Horticultural Exports Inspection Program is required to enable export inspection costs to be fully recovered in the 1997/98 financial year.
The fee increase has been made in recognition of the recommendations of the Nairn Report on Quarantine Inspection and the Macdonald Review of the Meat Inspection Program which specified that there is to be no cross-subsidisation of costs between inspection programs within the Australian Quarantine and Inspection Service. As a result, both direct and indirect costs related to inspections of horticultural products must be fully recovered by the program.
The Export Inspection (Establishment Registration Charges) Regulations (Amendment) amends the Regulations as follows:
Regulation 1 - Amendment
Subregulation 1.1 provides that the Regulations are amended as set out in the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment).
Regulation 2 - Commencement
Subregulation 2.1 provides that the Regulations as amended will commence on 1 January 1998.
Regulation 3 - Schedule 1 (Registration Charges for Non-Meat Establishments)
Subregulation 3.1 provides for an increase to the annual registration charge applicable to establishments associated with the preparation, storage or inspection of plants and plant products from $388 to $431.
Overview
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1997 No. 407, issued under the authority of the Minister for Primary Industries and Energy, was enacted to address the need for adjusting the registration charge rates for export establishments to better align with the actual costs incurred in the inspection of plants and plant products for export purposes. This amendment arises from the Export Inspection (Establishment Registration Charges) Act 1985, which empowers the Governor-General to establish regulations that prescribe necessary matters for carrying out the Act. The policy objective behind these amendments is to ensure that the Horticultural Exports Inspection Program can fully recover its inspection costs without cross-subsidisation from other inspection programs within the Australian Quarantine and Inspection Service, thereby reflecting the recommendations of the Nairn Report on Quarantine Inspection and the Macdonald Review of the Meat Inspection Program.
Scope and Application
The Export Inspection (Establishment Registration Charges) Regulations (Amendment) 1997 pertains to the Export Inspection (Establishment Registration Charges) Act 1985 and is applicable to all establishments involved in the preparation, storage, or inspection of plants and plant products for export purposes. This includes meat and non-meat establishments, which are further classified into specific categories based on their activities, such as storing, slaughtering, boning, and processing for meat, and fish, dairy, dried fruit, and other plant commodities for non-meat. The amendment adjusts the rates of registration charges to ensure that the costs of export inspection are fully recovered, in line with the recommendations from the Nairn Report on Quarantine Inspection and the Macdonald Review of the Meat Inspection Program, which emphasise the need to avoid cross-subsidisation of inspection costs within the Australian Quarantine and Inspection Service. The amendment particularly affects the Horticultural Exports Inspection Program, raising the annual registration charge for non-meat establishments from $388 to $431. The changes outlined in the Amendment Regulations came into effect on 1 January 1998.
Key Provisions
The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1997 No. 407 provides amendments to the existing regulations under the Export Inspection (Establishment Registration Charges) Act 1985. The primary purpose of these amendments is to adjust the rates of charge for the registration of establishments involved in the preparation, storage, or inspection of plants and plant products for export, particularly focusing on horticultural exports. This amendment is intended to ensure that the costs associated with export inspections are fully recovered within the 1997/98 financial year, following recommendations from the Nairn Report on Quarantine Inspection and the Macdonald Review of the Meat Inspection Program.
The Act and its accompanying regulations classify export establishments into meat and non-meat categories, with further subdivisions for specific activities such as storing, slaughtering, boning, and processing for meat establishments, and categories like fish, dairy, dried fruit, and plant commodities for non-meat establishments. The amendment particularly increases the registration charge for horticultural exports, reflecting the need to fully recover costs without cross-subsidising between different inspection programs within the Australian Quarantine and Inspection Service.
The obligations imposed by the Regulations on the parties involved include the payment of adjusted registration charges for establishments preparing, storing, or inspecting plants and plant products for export. For non-meat establishments, the annual registration charge is increased from $388 to $431, effective from 1 January 1998, as per the amendment. These obligations are aimed at ensuring that the financial burden of export inspections is borne appropriately by the entities involved, in line with the recommendations of the relevant reviews.
In terms of consequences for non-compliance, the Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the provided text. However, the importance of adhering to these regulatory requirements is implicit, as failure to comply with the registration charge obligations could potentially lead to enforcement actions under the broader legislative framework governing export inspection activities. The amendments ensure that the financial mechanisms are in place to support the efficient and effective operation of the Australian Quarantine and Inspection Service.