EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 385
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)
REGULATIONS (Amendment)
Section 8 of the Live-stock Slaughter (Export Inspection Charge) Act 1979 (the Act) provides for the Governor-General to make regulations for the purposes of sections 4, 5 and 6. Section 4 provides for definitions including classes of live-stock, section 5 provides for the imposition of the charge, and section 6 for rates of charge for different classes of live-stock.
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to this Act, to be known as the Export Control (General) Regulations, the existing Exports Regulations are to be repealed.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 4 of the Live-stock Slaughter (Export Inspection Charge) 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 Live-stock Slaughter (Export Inspection Charge) Regulations (Amendment) Statutory Rules 1982 No. 385, 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, was enacted to address the administrative discrepancies arising from the impending repeal of the Exports Regulations under the Export Control Act 1982. This amendment ensures that references to the repealed regulations are updated in the Live-stock Slaughter (Export Inspection Charge) Regulations, thereby maintaining the integrity and functionality of the regulatory framework. The policy objective behind this amendment is to streamline the regulatory process without imposing additional requirements or costs on the industry, thereby ensuring a smooth transition as the new Export Control Act takes effect on 1 January 1983.
Scope and Application
The Live-stock Slaughter (Export Inspection Charge) Regulations (Amendment) addresses the application and enforcement of the Live-stock Slaughter (Export Inspection Charge) Act 1979, which pertains to the imposition of charges for the inspection of livestock intended for export. This regulation applies to entities involved in the export of livestock, ensuring compliance with the specified charges and rates for different classes of livestock. The geographic scope of the Act is national, applying across Australia, and its provisions extend to the Commonwealth level. The regulations define classes of livestock and the associated inspection charges, which are intended to cover all entities involved in the export process, including farmers, exporters, and relevant government authorities. The amendment reflects an administrative change in response to the impending repeal of the Exports Regulations under the Export Control Act 1982, ensuring continued compliance with updated legislative frameworks. The amendment does not introduce additional costs or requirements for the industry but ensures the smooth transition of regulatory references from the old to the new system.
Key Provisions
The main operative sections of the Live-stock Slaughter (Export Inspection Charge) Regulations (Amendment) 2004 pertain to the updating of references in the existing regulations to accommodate the changes brought about by the introduction of the Export Control Act 1982. Section 4 of the original Act, which imposes the charge for live-stock slaughter export inspections, is particularly affected. Specifically, the amendment changes the reference from "the services of an officer referred to in regulation 31 of the Exports (Meat) Regulations" to "the services of an authorized officer within the meaning of the Export Control Act 1982". This change ensures that the regulations remain consistent with the new legislative framework introduced by the Export Control Act 1982, which repeals the existing Exports Regulations and comes into effect on 1 January 1983.
The obligations and requirements imposed by these amendments on the parties and entities governed by the Act are primarily administrative. Those involved in the live-stock export inspection charge must ensure that their practices comply with the updated references within the regulations. This includes understanding and applying the new terminology and definitions as provided by the Export Control Act 1982. The amendment requires no additional actions or costs from the industry, maintaining the same operational standards while aligning with the new legislative structure.
The consequences for breach of these regulations are not explicitly detailed in the explanatory statement, but typically, non-compliance with updated regulations can lead to civil or criminal penalties as prescribed by the overarching legislation. For instance, the Export Control Act 1982 may include provisions for fines or other penalties for non-compliance. The exact penalties would depend on the specific breaches and the jurisdiction’s laws, but they could range from fines to more severe legal actions depending on the nature and severity of the breach. Given the administrative nature of this amendment, the focus is on ensuring smooth transition and compliance rather than on punitive measures for non-compliance with the updated references.