Export Inspection (Establishment Registration Charge) Regulations (Amendment)

Administered by Department of Agriculture

Legislation au F1996B01679 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1989 NO 257

Issued by the authority of the Minister for Resources

EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGE) ACT 1985

EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGE)

REGULATIONS (AMENDMENT)

Section 9 of the Export Inspection (Establishment Registration Charge) Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of sections 6 and 7 of the Act. Subsection 6(1) of the Act imposes a charge on the registration of an establishment that is registered for operations associated with the preparation of a prescribed commodity.

Under section 7 of the Act, the rate of charge in respect of the registration of an establishment is such rate as is applicable under the regulations to that establishment or to that class of establishments in which the establishment is included.

The Export Inspection (Establishment Registration Charge) Regulations (the Regulations) set rates of charge in respect of establishments required to pay charge under the Act.


The Export Inspection (Establishment Registration Charge) Regulations (Amendment) (the Amendment) revise the rates of charge under the Regulations as set out below with the relevant classes of establishment numbered as in the Schedule of the Regulations.

In relation to Items 1 and 2 and 4 to 10, a review of the inspection services involved has resulted in an adjustment of charges to more equitably correspond to the services provided to the establishments covered by those Items.

1. Land-based establishment registered for operations which include the packing of fish not being an establishment registered solely for operations associated with the preparation of oysters, live fish or prawns - reduced from $1927 to $1744.

2. Land-based establishment registered solely for operations associated with the preparation of prawns, as defined in Item 2 in the Schedule of the Regulations - reduced from $1927 to $1744.

3. Establishment registered for operations associated with the preparation of poultry meat other than an operation in respect of which an establishment referred to in Item 8A is registered - increased from $2600 to $3177. The increase in the charge for this Item is the first since 1 November 1987 apart from the 50% to 60% cost recovery adjustment on 1 July 1988


pursuant Government policy. From October 1987 until October 1989 salary and related costs for inspection staff for this Item have risen by 13.5%. The higher than normal increase in the charge for this Item is a result of the following -

i. Workers compensation premiums have doubled from their 1988/89 level resulting in an increase from 3.5% to 6.4% of salary outlay.

ii. Employers contribution to superannuation has increased from 21% of salary to 24.5% - an increase of 16.7%.

iii. The cost of compliance and malpractice investigation activities has been included in the charge base for the first time following a review and re-organisation of this activity. This has added 1% to the cost of inspection for this Item.

iv. A factor of 6.3% has been included for anticipated operational (excluding salaries) cost increases during 1989/90.

v. A change to the method of allocation of the Australian Quarantine and Inspection Service head office costs across commodities to more accurately reflect actual distribution of costs has resulted from the devolution of Departmental support costs to the Australian Quarantine and Inspection Service.


4. Land based establishment registered solely for operations associated with:

(a) the freezing of prawns;

(b) the freezing and packing of prawns;

(c) the freezing and storing of prawns; or

(d) the freezing, packing stacking and storage of prawns - increased from $867 to $872.

5. Establishment registered solely for operations associated with the preparation of oysters, being operations which include the freezing of oysters - increased from $867 to $872.

6. Land-based establishment registered for operations associated with the freezing of fish, other than oysters, not being an establishment registered for operations which include the packing of fish - increased from $867 to $872.

7. Establishment, being a vessel, registered for operations which include the packing of fish, other than live fish - reduced from $941 to $872.

8. Land based establishment registered solely for operations with any one or more of the following

(a) the storage of fish, as dry store, cool store or cold store, but not for the freezing of fish;

(b) the handling or loading of fish in containers, as a container depot or container terminal;

(c) the handling or loading of fish, at an airline terminal - increased from $193 to $291.

9. Any other establishment or class of establishment not being a vessel - increased from $289 to $291.

10. Any other establishment or class of establishment being a vessel - from $363 to $872. The increase in the charge for this Item follows the review of the cost of inspection services which revealed the need for an adjustment between various Items to accurately reflect the actual services currently being provided. The review found that the inspection costs incurred for the purposes of registration of establishments under this Item are equivalent to those for Items 4 to 7.

The Amendment comes into operation on 1 October 1989.

Overview

The Export Inspection (Establishment Registration Charge) Act 1985 was enacted to address the need for a structured fee system for the registration of establishments involved in the preparation of prescribed commodities for export. This Act allows for the imposition of charges on the registration of establishments based on the type of operations they conduct. The Act was established by the Commonwealth Parliament, aiming to ensure that the costs associated with inspecting and registering establishments are fairly allocated based on the services provided. The Export Inspection (Establishment Registration Charge) Regulations (Amendment) 1989 further refines these charges, adjusting them to more accurately reflect the actual costs and services involved, ensuring that the fees are equitable and correspond to the level of inspection services required for different types of establishments. These amendments were made to address the rising operational costs, changes in compliance requirements, and to ensure that the fees charged reflect the actual distribution of costs for inspection services.

Scope and Application

The Export Inspection (Establishment Registration Charge) Regulations (Amendment) 1989 amends the rates of charge under the Export Inspection (Establishment Registration Charge) Regulations for the registration of establishments involved in the preparation of prescribed commodities. The Act applies to any establishment that is registered for operations associated with the preparation of a prescribed commodity, including land-based establishments and vessels, as defined in the Regulations. The amendment revises the rates of charge for various classes of establishments, reflecting adjustments made to more equitably correspond to the services provided. The Amendment applies nationally, as it is made under the authority of the Commonwealth of Australia, and there are no exclusions or exemptions specified within the Amendment itself. The amendment comes into effect on 1 October 1989, and the rates of charge are adjusted to account for factors such as workers' compensation premiums, employer contributions to superannuation, compliance and malpractice investigation activities, and anticipated operational cost increases.

Key Provisions

The Export Inspection (Establishment Registration Charge) Regulations (Amendment) (F1996B01679) revises the rates of charge for the registration of establishments under the Export Inspection (Establishment Registration Charge) Act 1985 (the Act). The Act, particularly sections 6 and 7, mandates a charge for the registration of establishments engaged in operations associated with the preparation of prescribed commodities. The Amendment specifically alters these rates as outlined in the Schedule of the Regulations. For instance, it reduces the charge for land-based establishments involved in fish packing (not solely oysters, live fish, or prawns) and prawn preparation from $1927 to $1744, while increasing the charge for poultry meat preparations from $2600 to $3177. This increase accounts for several factors, including higher workers' compensation premiums, increased employer contributions to superannuation, and the inclusion of compliance and malpractice investigation activities in the charge base. The Amendment imposes new obligations on establishments by adjusting the rates at which they must pay registration charges. For example, establishments registered for poultry meat preparations now face a higher charge, reflecting the updated cost structure. Conversely, establishments involved in prawn preparation face reduced charges. This adjustment aims to more accurately align the fees with the actual costs of inspection services provided. These changes compel establishments to re-evaluate their financial planning to accommodate the new rates, ensuring compliance with the updated regulatory requirements. Breach of the provisions set out in the Amendment may lead to civil or criminal consequences. While the specific legal consequences for non-payment or underpayment of the revised charges are not detailed in the Amendment, general legal principles suggest that non-compliance could result in penalties. Typically, penalties for such breaches might include fines, which could be substantial depending on the severity and frequency of the non-compliance. The Amendment, by specifying the new rates, implicitly enforces adherence to these financial obligations, and any deviation could be pursued legally, leading to potential legal proceedings and associated penalties.

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