EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 238
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Inspection (Establishment Registration Charges) Amendment Regulations 2011 (No. 2)
Export Inspection (Establishment Registration Charges) Act 1985
Legislative Authority
The Export Inspection (Establishment Registration Charges) Act 1985 (Act) provides for the ability to impose charges in relation to the registration of an establishment.
Subsection 6(1) of the Act permits charges to be imposed for the registration of an establishment which is associated with the preparation of a prescribed commodity, as specified in the regulations. Section 7 of the Act provides that the rate of charge in relation to the registration of an establishment is the rate applicable under the regulations. Section 8 provides that the charge is payable by the person who is the registered occupier of the establishment when the amount of the charge is due for payment.
Section 9 of 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. For completeness, the Act is part of a legislative scheme which includes the Export Inspection and Meat Charges Collection Act 1985.
The Export Inspection (Establishment Registration Charges) Regulations 1985 (Principal Regulations) specify prescribed commodities for the purposes of subsection 6(1) of the Act.
Purpose
The proposed Regulations amends the Principal Regulations to:
- insert a definition of “grain establishment” to ensure that the establishment registration charge can be collected from grain establishments;
- set the rates of that charge; and
- rectify certain drafting and typographical errors.
The rates of charge for the registration of grain establishments at $2,500, bulk grain establishments at $4,300 and establishments which are both bulk grain establishments and any other grain establishment at $4,300.
Consultation
Fees and charges for the grain and seed program were last amended in December 2009. These amendments returned export inspection and certification services to a full cost recovery arrangement in line with the recommendations of the independent review into Australia’s quarantine and biosecurity arrangements ‘One Biosecurity, A Working Partnership’.
To assist exporters through a transition to full cost recovery the Australian Government provided a $127.4 million Export Certification Reform Package for the Meat, Seafood, Dairy, Grain, Horticulture and Live Animal Export industries to:
- reform service delivery
- upgrade IT systems
- review and modernise export legislation
- reduce costs for industry and AQIS
- maintain and work to improve market access
Joint Industry-AQIS Ministerial Taskforces (MTFs) for the dairy, fish, grain, horticulture, live animal and meat export industries were set up to deliver the reforms.
All relevant industry groups have been consulted through AQIS Grain Industry Consultative Committee (AGICC) and the Joint AQIS – Grain Industry Ministerial Task Force.
The AGICC consists of representatives from key industry sectors, AWB Ltd, ABB Grain Ltd, Craig Mostyn Group, Viterra, Australian Seed Federation, National Agricultural Commodities Marketing Association, Australian Oilseeds Federation, Sunrice, GrainCorp Operations Ltd, Australian Fodder Industry Association, Australian Cotton Seed Industry Association, Pulse Australia Ltd, CBH Group and Grain Pool Pty Ltd.
The Joint AQIS – Grain Industry Ministerial Task Force consists of representatives from Grain Trade Australia, Australian Grain Exporters Association, Australian Oilseeds Federation, Gerard McMullen Consulting, GrainCorp Operations Ltd, Pulse Australia, Australian Cotton Seed Industry, Grain Pool Pty Limited, CBH Group, Grain Producers Australia, AWB Ltd, Sunrice, Australian Fodder Association, Australian Nut Industry Council, Viterra, National Grains Australia and the Australian Seed Federation.
The Office of Best Practice Regulation (OBPR) was consulted in relation to the proposed amendments and a regulatory impact statement is not required.A Cost Recovery Impact Statement has been prepared and approved by the Department of Finance and Deregulation.
Details
Regulation 1
This regulation provides that the name of the Regulations is the Export Inspection (Establishment Registration Charges) Amendment Regulations 2011 (No. 2).
Regulation 2
This regulation provides that the Regulations commences on a day to be notified by the Minister in the Gazette.
Regulation 3
This regulation provides that Schedule amends the Export Inspection (Establishment Registration Charges) Regulations 1985.
Schedule 1
Item 1 amends regulation 3 to include the following definitions:
The definition of grain has the same meaning as prescribed grain in suborder 6.1 of the Export Control (Plants and Plant Products) Order 2011.
The definition of grain establishment means an establishment that is registered for any operations associated with the preparation of grain for export
Item 2 amends paragraph 4(1)(j) to add “grain” after “poultry products” , ensuring that grain establishments become a specified commodity for the purposes of s 6(1) of the Act, thereby making grain establishments eligible for the charge.
Item 3 inserts a new regulation 10 which sets the rates of charge for the registration of a grain establishment for a year at $4,300 for an establishment that prepares grain to be exported in bulk (a bulk grain establishment) and $2,500 for any other grain establishment. New subregulation 10(2) provides that if a grain establishment is both a bulk grain establishment and any other grain establishment, the rate of charge for a year that applies is $4,300.
New subregulation 10(3) defines bulk grain establishment as a grain establishment that loads large, unpackaged quantities of grain directly into vessels for export.