Export Inspection (Establishment Registration Charges) Amendment Regulations 2004 (No. 1) 2004 No. 29
EXPLANATORY STATEMENT
STATUTORY RULES 2004 NO 29
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Inspection (Establishment Registration Charges) Act 1985
Export Inspection (Establishment Registration Charges) Amendment Regulations 2004 (No. 1)
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 to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 3 of the Act provides that the Export Inspection and Meat Charges Collection Act 1985 (the "Inspection Act") shall be read as one with this Act.
Section 4 of the Act states that "charge" means a charge imposed by the Act.
Section 6 of the Act provides that charges may be imposed in accordance with the regulations in relation to the registration of an establishment for operations associated with the preparation of a prescribed commodity specified in the regulations. The Act also provides that the regulations may impose charges for the registration and during the registration of the establishment or class of establishments although not for establishments that are exempt from charges under the regulations.
Section 3 of the Inspection Act defines the term "prescribed commodity" to include such commodities as dairy produce, eggs, fish and fruit and vegetable products.
Section 7 of the Act provides that the rate of charge in relation to the registration of an establishment is such rate as is applicable under the regulations.
The purpose of the Regulations is to raise the level of charges to take account of cost increases in providing the services associated with the export registration of vessels and land based establishments. The charges imposed for the registration of vessels and land based establishments, ensure that the Australian Quarantine and Inspection Service (AQIS) can continue to monitor exporter compliance with importing country requirements. The increased charges are related to establishments and vessels which process fish and fish products, and would assist AQIS in maintaining Australia's continued market access for the commodities prepared in these vessels and land based establishments.
Significant cost modelling analysis has been undertaken by AQIS in an effort to calculate the precise costs of providing registration services. A cost recovery impact statement has been endorsed by the Department of Finance and Administration in relation to the proposed fee amendments. The Seafood Exports Consultative Committee (SECC), which comprises key industry representatives, has been extensively consulted on the proposed increase in charges and the SECC has endorsed the logical and rational approach to the calculation of, and necessity for, the new charges.
Details of the Regulations are set out below.
Regulation 1 will provide that the Regulations are named the Export Inspection (Establishment Registration Charges) Amendment Regulations 2004 (No. 1).
Regulation 2 will provide that the Regulations commence on the date of their notification in the gazette.
Regulation 3 will provide that Schedule 1 of the Regulations amends the Export Inspection (Establishment Registration Charges) Regulations 1985 (the "Principal Regulations").
Schedule 1 - Amendments
Item 1 will substitute a charge of $200 for the $198 charge for the registration of an establishment for processing, packing or storage of fish or fish products in paragraph 4 (1A) (a) of the Principal Regulations.
Item 2 will substitute a charge of $200 for the $198 charge for the transfer of registration for an establishment in paragraph 4 (1A) (b) of the Principal Regulations.
Item 3 will amend Part 1 of Schedule 1 to the Principal Regulations, to introduce increased charges for both ocean going and land-based establishments, such as fishing vessels and premises used for processing and packing fish and fish products for export.
Overview
The Export Inspection (Establishment Registration Charges) Amendment Regulations 2004 (No. 1) were enacted to amend the existing Export Inspection (Establishment Registration Charges) Regulations 1985, as per the authority granted under Section 9 of the Export Inspection (Establishment Registration Charges) Act 1985. These regulations were introduced to address the need for updating the charges associated with the registration of establishments involved in the export of prescribed commodities, particularly fish and fish products, in response to increased service provision costs. The policy objective is to ensure that the Australian Quarantine and Inspection Service (AQIS) can effectively monitor compliance with export regulations, thereby maintaining Australia's market access for these commodities. The increase in charges is intended to reflect the rising costs of providing the necessary inspection and registration services, as endorsed by the Department of Finance and Administration following comprehensive cost modelling analysis and consultation with the Seafood Exports Consultative Committee.
Scope and Application
The Export Inspection (Establishment Registration Charges) Amendment Regulations 2004 (No. 1) are subsidiary legislation that modifies the Export Inspection (Establishment Registration Charges) Regulations 1985. These regulations apply to entities involved in the export of fish and fish products, specifically those that require registration for their operations under the Export Inspection (Establishment Registration Charges) Act 1985. The Act and its regulations apply across Australia, ensuring a national standard for the imposition of charges related to the export of fish and fish products. The charges are designed to cover the costs incurred by the Australian Quarantine and Inspection Service (AQIS) in monitoring compliance with importing country requirements and ensuring continued market access for Australian commodities. The regulations do not specify any exclusions or exemptions, and the increased charges are aimed at both land-based establishments and ocean-going vessels that process, pack, or store fish and fish products for export. The amendments made by these regulations are intended to reflect cost increases in the provision of export registration services, ensuring AQIS can effectively perform its duties.
Key Provisions
The main operative sections of the Export Inspection (Establishment Registration Charges) Amendment Regulations 2004 (No. 1) concern the amendment of charges related to the registration of establishments for the processing, packing, or storage of fish and fish products for export purposes. Specifically, Regulation 1 names the Regulations, Regulation 2 sets the commencement date, and Regulation 3 amends Schedule 1 of the Export Inspection (Establishment Registration Charges) Regulations 1985. The amendments outlined in Schedule 1 adjust the registration charges for fish processing and storage establishments, increasing the charge from $198 to $200 for both the registration and transfer of registration of these establishments.
The Regulations impose obligations on parties involved in the registration of establishments for fish processing and storage. They require that the increased charges be applied to all relevant establishments as specified in the amended Schedule 1. This includes ensuring that both ocean-going vessels and land-based establishments, such as processing and packing facilities, adhere to the new fee structure. The Australian Quarantine and Inspection Service (AQIS) is tasked with enforcing these charges to ensure compliance and maintain the necessary monitoring of exporter adherence to international requirements.
Breaches of the provisions outlined in these Regulations may result in various consequences. Although the specific penalties are not detailed in the explanatory statement, violations of regulations governing charges and registration could potentially lead to civil or administrative penalties. The intent of the increased charges is to cover the costs associated with providing registration services and ensuring compliance with international standards, thereby maintaining Australia's market access for fish and fish products. Non-compliance could thus indirectly affect the exporters' ability to meet the stringent requirements set by importing countries.