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

Administered by Department of Agriculture

Legislation au F1996B01691 Regulations Not in force Legislative Instrument

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Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 81

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 81

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 correct minor errors of omission which occurred in a previous amendment (being Statutory Rules 1996 No. 17) which reduced existing meat establishment charges for 1995/1996 financial year and added an additional establishment classification and charge.

The omission relates to references to Schedule 3 of the Regulations entitled "Registration charges for meat establishments registered in the financial year commencing on 1 July 1993". This Schedule 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 previous amendment omitted the regulation relating to the use of this Schedule, but other references to it were not omitted.

Details of the Regulations are as follows:

Regulation 1 - Amendment and Commencement

Subregulation 1.1 provides for the Export Inspection and Meat (Establishment Registration Charges) Regulations to be amended with commencement on gazettal.

Regulation 2 - Interpretation

Subregulation 2.1 an

 

Overview

The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 81, issued under the authority of the Minister for Primary Industries and Energy, addresses minor errors of omission that arose from a previous amendment (Statutory Rules 1996 No. 17) of the Export Inspection and Meat (Establishment Registration Charges) Regulations. The 1985 Export Inspection (Establishment Registration Charges) Act enables the Governor-General to create regulations necessary to implement the Act, including prescribing establishment classifications and rates of charge. The current amendment aims to correct discrepancies by removing references to Schedule 3 of the Regulations, which pertained to registration charges for meat establishments registered in the 1993/1994 financial year. This schedule is no longer relevant as it was only applicable for a specific period between the 1993/94 and 1994/95 financial years. The policy objective is to ensure the accuracy and relevance of the regulatory framework governing meat establishment charges.

Scope and Application

The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 81 applies to the entities involved in the export of meat products in Australia, specifically meat establishments that are required to register under the Export Inspection (Establishment Registration Charges) Act 1985. The Act and its subsequent amendments aim to ensure that the meat industry adheres to strict standards for the inspection and certification of meat products intended for export, thereby maintaining Australia's reputation in international markets. The geographic reach of the Act is nationwide, as it applies across all states and territories of Australia, ensuring a uniform regulatory environment for meat exportation. The Regulations themselves correct minor errors in a previous amendment, ensuring that the correct rates and classifications are applied without inconsistencies. There are no stated exclusions or exemptions within the scope of these Regulations, as they pertain specifically to the correction of errors in the charge schedule for meat establishments. The Act extends its application through the subordinate instruments, namely the Regulations, which are necessary for carrying out or giving effect to the Act.

Key Provisions

The Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) 1996 No. 81 amends the existing regulations under the Export Inspection (Establishment Registration Charges) Act 1985. Section 9 of the Act allows for the making of regulations by the Governor-General, provided they are not inconsistent with the Act. The main operative sections of these amendments, as outlined in Regulation 1 (subregulation 1.1), pertain to the amendment and commencement of the existing regulations. The amendments are set to commence on the day of their gazettal, ensuring immediate implementation upon official publication. The Regulations impose obligations on meat establishments registered under the Act to pay registration charges based on their classification. These classifications are detailed in Schedule 3 of the Regulations, which previously contained rates applicable to the 1993/1994 financial year. The amendment rectifies errors from a previous amendment (Statutory Rules 1996 No. 17) by removing outdated references to Schedule 3, which is no longer necessary due to the changes in fee rates over subsequent financial years. This ensures that the regulations are current and correctly reflect the charges applicable to the 1995/1996 financial year and beyond. Furthermore, the Regulations impose specific requirements on meat establishments to ensure compliance with the updated charges. Meat establishments must adhere to the new classification system and corresponding charge rates as prescribed by the amended Regulations. This includes the addition of a new establishment classification and associated charge rate, as outlined in the amendment. The obligation on the establishments is to ensure they are correctly classified and to pay the appropriate registration charges as per the amended regulations. Breach of the obligations under these Regulations can lead to civil consequences, including potential fines. While the specific penalties are not detailed in the explanatory statement, it is understood that penalties for non-compliance with meat export regulations can be substantial under the broader legislative framework. The amendments aim to ensure that meat establishments are accurately classified and charged, thereby maintaining the integrity of the export inspection process and ensuring compliance with the Act. Failure to comply with these obligations can result in administrative or legal action, including fines and potential enforcement measures.

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