EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 386
Issued by the Authority of the Minister of State for Transport and Construction for and on behalf of the Minister of State for Primary Industry
LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE)
COLLECTION REGULATIONS (Amendment)
Section 11 of the Live-stock Slaughter (Export Inspection Charge) Collection Act 1979 (the Act) provides for the Governor-General to make regulations required or permitted by, or necessary or convenient for carrying out or giving effect to, the Act or for facilitating the collection or recovery of any debt due to the Commonwealth under the Act.
The Export Control Act 1982 (Act No. 47, Assented to on 9 June 1982) is to come into operation on 1 January 1983. Under proposed Regulations being made pursuant to this Act, to be known as the Export Control (General) Regulations, the existing Exports Regulations are to be repealed. As a consequence of the repeal of the Exports Regulations, references to them in the regulations which impose a charge or provide for the collection of that charge, must be omitted.
Regulation 9 of the Live-stock Slaughter (Export Inspection Charge) Collection Regulations provides for the non-payment of the charge where during an industrial dispute ‘the services of an officer referred to in regulation 31 of the Exports (Meat) Regulations are not available’.
The proposed amendment provides for the reference to ‘the services of an officer referred to in regulation 31 of the Exports (Meat) Regulations’ to be replaced by a reference to ‘the services of an ‘authorized officer’ within the meaning of the Export Control Act 1982’.
The proposed amendment is of an administrative nature only and will not involve the imposition of any additional requirements or costs on the industry concerned.
The proposed amendment will come into operation on 1 January 1983.
Overview
The Export Control (General) Regulations, made under the Export Control Act 1982, are designed to streamline and update the regulatory framework governing export controls in Australia. Enacted by the Parliament of Australia, the Act aims to replace outdated regulations and provide a more cohesive and efficient system for managing exports. The policy objective of the Act is to ensure that Australia's export controls are robust, adaptable to changing global trade dynamics, and aligned with international obligations while safeguarding national security and economic interests. The Act seeks to address the problem of regulatory fragmentation and inefficiency by consolidating various export control provisions into a single, comprehensive framework, thereby facilitating easier administration and compliance for exporters.
Scope and Application
The Live-stock Slaughter (Export Inspection Charge) Collection Regulations (Amendment) Statutory Rules 1982 pertain to the application and enforcement of charges related to the export inspection of livestock, governed by the Live-stock Slaughter (Export Inspection Charge) Collection Act 1979. The Act applies to entities involved in the export of livestock, including individuals and businesses engaged in the slaughter and export of meat products, as well as the officers responsible for inspection and enforcement. The regulations aim to facilitate the collection of inspection charges and ensure compliance with the statutory requirements. The geographic reach of these regulations is national, as they pertain to activities occurring within Australia and its territories, facilitating the export process in line with Commonwealth laws. The amendment made by these regulations primarily involves administrative adjustments to align with the new Export Control Act 1982, which repeals existing regulations and updates references to reflect the new legislative framework. The amendment does not impose additional requirements or costs on the industry, ensuring a smooth transition to the new regulatory environment.
Key Provisions
The primary operative sections of the Live-stock Slaughter (Export Inspection Charge) Collection Regulations (Amendment) Statutory Rules 1982 No. 386 involve amendments to existing regulations concerning the collection of export inspection charges for livestock slaughter. Specifically, section 11 of the Live-stock Slaughter (Export Inspection Charge) Collection Act 1979 allows the Governor-General to make regulations necessary for the Act's execution or the recovery of debts. The amendment modifies Regulation 9 to replace references to 'the services of an officer referred to in regulation 31 of the Exports (Meat) Regulations' with 'the services of an 'authorized officer' under the Export Control Act 1982'. This change is a direct result of the repeal of the existing Exports Regulations and the introduction of the new Export Control (General) Regulations, which are set to take effect on 1 January 1983.
The obligations and requirements imposed by these regulations are primarily administrative and transitional. They ensure that the legal framework governing the collection of export inspection charges adapts smoothly to the new regulatory environment introduced by the Export Control Act 1982. The regulations mandate that any references to the repealed Exports (Meat) Regulations are omitted and replaced with references to the new authorized officers under the Export Control Act 1982. This ensures continuity in the enforcement and collection of charges without imposing any additional burdens on the industry.
In terms of potential breaches and penalties, the regulations themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, the underlying Act, the Live-stock Slaughter (Export Inspection Charge) Collection Act 1979, likely contains provisions that govern non-payment or evasion of charges. Given the nature of the amendment, the primary focus is on ensuring a seamless transition rather than introducing new punitive measures. Non-compliance with the charges and collection processes as adapted by these regulations could potentially lead to civil or administrative actions under the broader legislative framework, but such specifics are not detailed within these particular statutory rules.