EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 143
Issued by the Authority of the Minister for Primary Industries and Energy
MEAT EXPORT CHARGE ACT 1984
MEAT EXPORT CHARGE REGULATIONS (AMENDMENT)
Section 8 of the Meat Export Charge Act 1984 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Under paragraph 5(1)(a) of the Act a charge is imposed on the making of applications for the grant of export permits authorizing the export of meat or meat products from Australia.
Under paragraph 5(1)(b) a charge is imposed on the making of applications for the issue of certificates under section 23 of the Export Control Act 1982. Section 23 provides that where the Secretary is satisfied that the government, or an authority of the government, of a country other than Australia requires a certification as to any matter relating to goods before the import of goods of that kind from Australia to that country will be permitted, the Secretary may, if the Secretary is satisfied as to that matter, issue such a certificate to a person who wishes to export goods of that kind to that country.
Subsection 6(1) of the Act establishes the rate of charge on the making of an application of the kind referred to in paragraphs 5(1)(a) or (b) of the Act to be an amount prescribed but not exceeding 4.8 cents per kilogram of meat to which the application relates.
The Meat Export Charge Regulations (Amendment) (the Regulations) amend the Meat Export Charge Regulations to change the amount of charge referred to in subsection 6(1) of the Act as prescribed in the Meat Export Charge Regulations, from 2.4 cents to 2.9 cents.
The Regulations commenced on 1 July 1988.
Overview
The Meat Export Charge Act 1984 was enacted by the Australian Parliament to address the need for funding specific to the meat export industry. This Act imposes a charge on applications for export permits for meat and meat products, as well as for the issuance of export certificates under the Export Control Act 1982. The revenue generated from these charges is intended to support activities associated with meat exports, ensuring that the industry can effectively manage its export operations. The Meat Export Charge Regulations (Amendment), issued under the authority of the Minister for Primary Industries and Energy, adjust the charge rate from 2.4 cents to 2.9 cents per kilogram, reflecting changes needed to maintain the effectiveness and relevance of the charge in supporting the industry. These regulations commenced on 1 July 1988, aligning with the objectives of the Act to provide a stable and predictable funding mechanism for the meat export sector.
Scope and Application
The Meat Export Charge Act 1984 applies to any person or entity seeking to export meat or meat products from Australia, as well as to applications for the issue of certificates required for such exports. This includes both natural and legal persons who are involved in the export of meat and meat products, ensuring that they comply with the charge imposed on these activities. The Act has a national jurisdictional reach, applying across the Commonwealth of Australia, and is concerned with the regulation of the meat export industry. The stated exclusions or exemptions are limited, focusing primarily on the imposition of the export charge itself. The Act allows for the charge rate to be amended through subordinate regulations, as evidenced by the Meat Export Charge Regulations (Amendment), which increased the charge from 2.4 cents to 2.9 cents per kilogram effective from 1 July 1988. This mechanism of amendment ensures that the charge can be updated in response to changing economic conditions or policy objectives, while maintaining consistency with the overarching provisions of the Act.
Key Provisions
The Meat Export Charge Act 1984, under section 5(1)(a), imposes a charge on applications for export permits for meat and meat products from Australia, while section 5(1)(b) imposes a similar charge on applications for certificates under the Export Control Act 1982. Section 6(1) of the Act sets the rate of this charge, which is to be prescribed but cannot exceed 4.8 cents per kilogram of meat involved in the application. The Meat Export Charge Regulations (Amendment) adjusts the prescribed charge rate from 2.4 cents to 2.9 cents per kilogram, effective from 1 July 1988. These provisions ensure that the Act's intent to levy a charge on meat export applications is implemented and modified through the regulations.
The Act and its accompanying regulations impose specific obligations on entities involved in the export of meat and meat products from Australia. Primarily, these obligations include the payment of the prescribed charge upon making applications for export permits and certificates, as required by sections 5(1)(a) and 5(1)(b). Entities must ensure that they comply with the charge rates as stipulated in the regulations, which were amended to increase the charge from 2.4 cents to 2.9 cents per kilogram. This necessitates accurate record-keeping and compliance with the updated charge rates to avoid any inadvertent breaches.
Breaches of the Meat Export Charge Act 1984 and the Meat Export Charge Regulations (Amendment) can result in significant consequences. While the explanatory statement does not explicitly outline the penalties for non-compliance, it is generally understood that failure to adhere to the requirements of such legislation can attract civil or criminal penalties. In the context of the Act, non-compliance with the charge provisions could potentially lead to fines or other legal actions as prescribed by the relevant laws. The exact penalties would depend on the specific nature of the breach and the discretion of the court or regulatory authority involved.