EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 141
Issued by the authority of the Minister for Primary Industries and Energy
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 section 7 of the Act which deals with charges on the registration of an establishment.
Under section 7 of that 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 the 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 the registration of establishments required to register under the Act.
The Export Inspection (Establishment Registration Charge) Regulations (the amending Regulations) revise the rates of
charge under the Regulations, as shown below opposite the relevant class of establishments which are numbered as in the Schedule of the Regulations.
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 | From $1800 to $2160 |
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 | From $1800 to $2160 |
3 | Establishment registered for operations (slaughter or killing of poultry or the dressing of poultry carcases) associated with the preparation of poultry meat | From $2160 to $2600 |
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 and storing of prawns | From $810 to $972 |
5 | Establishment registered solely for operations associated with the preparation of oysters, being operations which include the freezing of oysters | From $810 to $972 |
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 | From $810 to $972 |
7 | Establishment, being a vessel, registered for operations which include the packing of fish, other than live fish | From $850 to $1020 |
8 | Land-based establishment registered solely for operations associated with any one | |
| or more of the following (a) the storage of fish, as a 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, as an airline terminal | From $180 to $216 |
8A | Establishment registered for operations associated with the preparation of poultry meat other than the slaughter or killing of poultry or the dressing of poultry carcases | From $216 to $260 |
9 | Any other establishment or class of establishment not being a vessel | From $270 to $372 |
10 | Any other establishment or class of establishment being a vessel | From $310 to $372 |
The Regulations came into operation on 1 July 1988.
Overview
The Export Inspection (Establishment Registration Charge) Act 1985 was enacted to establish a regulatory framework for the charging of fees related to the registration of establishments involved in export activities, particularly those requiring inspection for compliance with export standards. This Act addresses the need for a structured financial mechanism to support the inspection and registration processes, ensuring that export-related operations adhere to necessary quality and safety standards. The policy objective behind the Act is to facilitate the effective administration of export inspections by providing a sustainable source of funding for these activities. The Act was enacted by the Australian Parliament, demonstrating the federal government’s commitment to maintaining high standards in the export sector. The accompanying Export Inspection (Establishment Registration Charge) Regulations, which were subsequently amended, specify the actual rates of charges applicable to different classes of establishments, ensuring clarity and consistency in the application of the charges.
Scope and Application
The Export Inspection (Establishment Registration Charge) Act 1985 applies to establishments involved in the export of specific goods and mandates their registration, thereby imposing a charge for such registration. The Act applies to various types of establishments, including land-based and vessel operations, that engage in activities such as the preparation, packing, freezing, and storing of products like fish, prawns, oysters, and poultry meat. The geographic reach of the Act is national, applying across Australia as a Commonwealth legislation. The Act provides flexibility through its regulations, which can be amended to revise the rates of charges applicable to different classes of establishments. The rates are adjusted to reflect changes in operational scope and scale, ensuring that the charges are proportionate to the nature and extent of the export activities conducted by the establishments. The Act’s scope is further extended through subordinate legislation, specifically the Export Inspection (Establishment Registration Charge) Regulations, which detail the specific charges applicable to various classes of establishments, ensuring the regulatory framework remains up-to-date and reflective of industry practices.
Key Provisions
The Export Inspection (Establishment Registration Charge) Act 1985, as amended by the Export Inspection (Establishment Registration Charge) Regulations (Amendment), sets forth provisions regarding the establishment registration charge for businesses involved in the export of certain goods. Section 7 of the Act establishes that the registration charge is set by regulation, while section 9 empowers the Governor-General to make such regulations. The Regulations, which came into effect on 1 July 1988, specify the rates of charge for various classes of establishments.
The amending Regulations revise the rates of charge for different categories of establishments, as detailed in the Schedule. For instance, land-based establishments registered for operations including the packing of fish not solely focused on oysters, live fish, or prawns now have a charge range of $2160, up from $1800 (Regulation 1). Similarly, establishments solely for prawn preparation, including freezing, packing, storing, and freezing and packing of prawns, now face charges ranging from $972, up from $810 (Regulations 4 and 5). Poultry meat preparation establishments not involved in slaughter or dressing carcases see an increase from $260 to $216 (Regulation 8A). The amendments also cover other operations such as freezing of oysters, handling of fish in containers, and storage of fish, each with revised charges.
Under these Regulations, the entities governed must comply with the updated registration charges for their respective classes of establishments. This involves ensuring that they are aware of the new rates and that they pay the appropriate charge when registering their establishment or renewing their registration. Non-compliance with these revised rates may result in penalties or other legal consequences as prescribed under the Act or other relevant legislation.
The legislation does not explicitly detail the penalties or consequences for non-compliance within the provided excerpt. However, in general, failure to comply with registration requirements and payment of the prescribed charges under the Export Inspection (Establishment Registration Charge) Act 1985 could lead to administrative actions, fines, or other legal repercussions as stipulated by the Act or related statutes. It is essential for the affected entities to adhere to these regulatory requirements to avoid any adverse legal outcomes.