Export Inspection Charges Legislation Repeal Regulation 2015

Administered by Department of Agriculture

Legislation au F2015L01879 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instruments No. 198, 2015

Issued by Authority of the Minister for Agriculture and Water Resources

 

Export Inspection and Meat Charges Collection Act 1985

Export Inspection (Establishment Registration Charges) Act 1985

Export Inspection (Quantity Charge) Act 1985

Export Inspection (Service Charge) Act 1985

 

Export Inspection Charges Legislation Repeal Regulation 2015

Legislative Authority

 

Section 9 of the Export Inspection (Service Charge) Act 1985 provides that the Governor-General may make regulations for the purposes of imposing charges (section 6) and setting the amount of a charge (section 7) in relation to the provision of export services.  Under the authority of this legislation the Governor-General has made the Export Inspection (Service Charge) Regulations 1985.

 

Section 10 of the Export Inspection (Quantity Charge) Act 1985, section 9 of the Export Inspection (Establishment Registration Charges) Act 1985 and section 17 of the Export Inspection and Meat Charges Collection Act 1985 all allow the Governor-General to make regulations.  

 

Under this legislation regulations can prescribe matters required or permitted by the relevant Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the relevant Act.  Under the authority of this legislation the Governor-General has made the Export Inspection (Quantity Charge) Regulations 1985, Export Inspection (Establishment Registration Charges) Regulations 1985 and the Export Inspection and Meat Charges Collection Regulations 1985 respectively.

 

Under Subsection 33(3) of the Acts Interpretation Act 1901 a power in an Act to make an instrument, such as a regulation, is construed as including a power to repeal any such instrument, among other things. 

 

Purpose

The purpose of the Export Inspection Charges Legislation Repeal Regulation 2015 (the Regulation) is to repeal the following regulations in their entirety on 1 December 2015:

        Export Inspection and Meat Charges Collection Regulations 1985

        Export Inspection (Establishment Registration Charges) Regulations 1985

        Export Inspection (Quantity Charge) Regulations 1985

        Export Inspection (Service Charge) Regulations 1985.

 

Repealing these regulations will mean there is no duplication of charges as a result of the making of regulations under the new legislative framework comprised of the Export Charges (Collection) Act 2015, the Export Charges (Imposition—General) Act 2015 and Export Charges (Imposition—Customs) Act 2015 and the Export Charges (Imposition—Excise) Act 2015 (export charges legislation).

 

A regulation will be made under the Export Charges (Collection) Act 2015 prescribing details relating to the collection of charges, time for payment and an agent’s liability to pay a charge. Regulations under the Export Charges (Imposition—General) Act 2015 and Export Charges (Imposition—Customs) Act 2015 will prescribe charges for services related to exports, persons liable to pay charges and exemptions from charges.

 

Background

 

The export charges legislation, which commenced in June 2015, provides the appropriate legal framework for the recovery of the Commonwealth’s costs through the imposition and collection of charges, rather than fees. This legislation was needed to recover costs, through the imposition of charges, of the export certification system established by the Export Control Act 1982 and the Australian Meat and Livestock Industry Act 1997.  The regulations subject to repeal only allowed for the imposition and collection of charges relating to the Export Control Act 1982.

 

Impact and Effect

 

The Regulation will repeal the existing export regulations in their entirety.  The commencement date of regulations under the export charges legislation will also be 1 December 2015 to ensure there is no duplication of charges.

 

Consultation

 

The Regulation is consequential to the redesign of fees and charges being implemented. The department consulted with stakeholders during the development of the redesigned cost recovery fees and charges.  This included the department working with all export-related industry consultative committees and other clients and interested stakeholders through public engagement forums.  The department released draft Cost Recovery Implementation Statements (CRISs) for public comment and provided opportunity for stakeholders to provide feedback through a submissions process.

 

Stakeholder feedback was taken into account and the final CRISs was certified by the Secretary of the department and endorsed by the Minister for Agriculture and Water Resources.  The Minister for Finance agreed to release the final CRISs which is available on the department’s website.

 

The Regulation is compatible with human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  A full statement of compatibility is set out in Attachment A.

 

A Regulatory Impact Statement (RIS) was completed on the department’s quarantine, imported food and export certification cost recovery redesign (Office of Best Practice Regulation ID: 17726).  OBPR assessed the RIS as best practice.  A copy of the RIS is attached.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.


 

Details of the Export Inspection Charges Legislation Repeal Regulation 2015

Section 1 – Name

This section provides that the name of the Regulation is the Export Inspection Charges Legislation Repeal Regulation 2015.

 

Section 2 – Commencement

This section provides for the Regulation to commence on 1 December 2015.

 

Section 3 – Authority

This section provides for the Regulation to be made under the Export Inspection and Meat Charges Collection Act 1985, Export Inspection (Establishment Registration Charges) Act 1985, Export Inspection (Quantity Charge) Act 1985 and the Export Inspection (Service Charge) Act 1985.

 

Section 4 – Schedules

This section operates together with Schedule 1 of the Regulation to repeal the whole of each of the following instruments:

 

  • Export Inspection and Meat Charges Collection Regulations 1985
  • Export Inspection (Establishment Registration Charges) Regulations 1985
  • Export Inspection (Quantity Charge) Regulations 1985
  • Export Inspection (Service Charge) Regulations 1985


                                      ATTACHMENT A

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Export Inspection Charges Legislation Repeal Regulation 2015

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Export Inspection Charges Legislation Repeal Regulation 2015 repeals the following regulations in their entirety on 1 December 2015:

        Export Inspection and Meat Charges Collection Regulations 1985

        Export Inspection (Establishment Registration Charges) Regulations 1985

        Export Inspection (Quantity Charge) Regulations 1985

        Export Inspection (Service Charge) Regulations 1985

 

Human rights implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon. Barnaby Joyce MP

Minister for Agriculture and Water Resources

Overview

The Export Inspection Charges Legislation Repeal Regulation 2015 was enacted to streamline and modernise the regulatory framework governing export inspection charges in Australia. This regulation was introduced to address the redundancy and potential for duplication of charges that existed under the outdated Export Inspection and Meat Charges Collection Act 1985, Export Inspection (Establishment Registration Charges) Act 1985, Export Inspection (Quantity Charge) Act 1985, and Export Inspection (Service Charge) Act 1985. The regulation was made under the authority of the Minister for Agriculture and Water Resources and aims to align with the new legislative framework established by the export charges legislation, which commenced in June 2015. This new framework ensures that the Commonwealth's costs are recovered through the imposition and collection of charges rather than fees, providing a more efficient and effective system for managing export certification costs. The repeal of the existing regulations will ensure that there is no duplication of charges, thereby enhancing clarity and compliance within the export industry.

Scope and Application

The Export Inspection Charges Legislation Repeal Regulation 2015 applies to the existing regulations pertaining to the imposition and collection of charges for export services under several acts, namely the Export Inspection and Meat Charges Collection Act 1985, Export Inspection (Establishment Registration Charges) Act 1985, Export Inspection (Quantity Charge) Act 1985, and Export Inspection (Service Charge) Act 1985. The Regulation seeks to repeal the Export Inspection and Meat Charges Collection Regulations 1985, Export Inspection (Establishment Registration Charges) Regulations 1985, Export Inspection (Quantity Charge) Regulations 1985, and Export Inspection (Service Charge) Regulations 1985 in their entirety to eliminate duplication of charges as a result of the introduction of the new legislative framework comprised of the Export Charges (Collection) Act 2015, Export Charges (Imposition—General) Act 2015, Export Charges (Imposition—Customs) Act 2015, and Export Charges (Imposition—Excise) Act 2015. The new legislative framework is designed to recover the Commonwealth’s costs through the imposition and collection of charges instead of fees. This change is applicable nationally as it pertains to the federal regulation of export services across Australia. The repeal is scheduled to take effect on 1 December 2015, aligning with the commencement of the new export charges legislation to ensure a seamless transition without overlapping regulatory obligations.

Key Provisions

The Export Inspection Charges Legislation Repeal Regulation 2015 (Regulation) provides for the repeal of four sets of regulations which were established under various Acts, including the Export Inspection and Meat Charges Collection Act 1985, the Export Inspection (Establishment Registration Charges) Act 1985, the Export Inspection (Quantity Charge) Act 1985, and the Export Inspection (Service Charge) Act 1985. These regulations, namely the Export Inspection and Meat Charges Collection Regulations 1985, the Export Inspection (Establishment Registration Charges) Regulations 1985, the Export Inspection (Quantity Charge) Regulations 1985, and the Export Inspection (Service Charge) Regulations 1985, are repealed in their entirety on 1 December 2015. The repeal of these regulations is necessary to avoid any duplication of charges that may arise under the new legislative framework comprised of the Export Charges (Collection) Act 2015, the Export Charges (Imposition—General) Act 2015, the Export Charges (Imposition—Customs) Act 2015, and the Export Charges (Imposition—Excise) Act 2015 (export charges legislation). The repeal of the regulations is made under the authority granted by the relevant Acts, and it is effective as of the commencement date of the new export charges legislation, which is also 1 December 2015. The Regulation is made to align with the new legislative framework that provides for the recovery of the Commonwealth’s costs through the imposition and collection of charges rather than fees. This new framework was necessary to recover costs related to the export certification system established under the Export Control Act 1982 and the Australian Meat and Livestock Industry Act 1997. The Regulation imposes obligations on entities and parties involved in the export industry to ensure compliance with the new legislative framework. Under the new export charges legislation, specific regulations will be made to prescribe details relating to the collection of charges, time for payment, and an agent’s liability to pay a charge. Additionally, regulations under the Export Charges (Imposition—General) Act 2015 and Export Charges (Imposition—Customs) Act 2015 will detail the charges for services related to exports, persons liable to pay charges, and exemptions from charges. Failure to comply with the new regulatory requirements could result in civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are detailed in the new export charges legislation and are not explicitly stated in the Regulation itself. The new legislative framework provides the necessary legal basis for enforcing compliance and imposing penalties for non-compliance, including potential fines and other sanctions as prescribed by the relevant Acts. In conclusion, the Export Inspection Charges Legislation Repeal Regulation 2015 aims to streamline the regulatory framework for export charges by repealing outdated regulations and aligning with the new export charges legislation. The Regulation ensures that there is no duplication of charges and mandates compliance with the new legislative requirements, which are intended to effectively recover costs related to the export certification system.

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