EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 243
Issued by the Authority of the Minister for Resources
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) amends the Meat Export Charge Regulations to decrease the amount of charge referred to in subsection 6(1) of the Act as prescribed in the Meat Export Charge Regulations, from 2.9 cents to 2.8 cents per kilogram of meat.
The amendment commenced on 1 October 1988.
Overview
The Meat Export Charge Act 1984 was enacted by the Australian Parliament to address the need for financial resources to support the export of meat and meat products from Australia. The Act provides a framework for imposing a charge on applications for export permits and certificates, as stipulated in the Export Control Act 1982, to ensure that the Australian meat industry can meet international standards and requirements. The Meat Export Charge Regulations (Amendment) Statutory Rules 1988, issued by the Minister for Resources, further refine the regulatory framework by adjusting the rate of the charge imposed under the Act. The policy objective of these amendments is to maintain the financial sustainability of the export processes while ensuring that the reduced charge rate still supports the necessary administrative and operational activities associated with meat exports.
Scope and Application
The Meat Export Charge Act 1984 applies to entities or individuals making applications for export permits or certificates necessary for the export of meat or meat products from Australia. This includes exporters who need to obtain export permits under the Act and those requiring certification under the Export Control Act 1982. The Act imposes a charge on these applications, with the specific rate determined by regulations, which can be amended as necessary. The geographic scope of the Act is national, as it pertains to exports from Australia. The amendment to the Meat Export Charge Regulations reduces the charge from 2.9 cents to 2.8 cents per kilogram of meat, effective from 1 October 1988. There are no specific exclusions, exemptions, or thresholds mentioned in the Act itself, but these could be defined in the subordinate regulations. The Act allows for further regulation and adjustment of the charge through subsidiary instruments, ensuring flexibility in responding to economic and market conditions.
Key Provisions
The Meat Export Charge Act 1984 establishes a framework for imposing charges on the export of meat and meat products from Australia, as well as applications for export permits and certificates under the Export Control Act 1982. Section 5(1) of the Act specifies two key areas where charges are applied: applications for export permits (section 5(1)(a)) and applications for certificates under the Export Control Act 1982 (section 5(1)(b)). The charge is set at a maximum of 4.8 cents per kilogram of meat as outlined in section 6(1). The Meat Export Charge Regulations (Amendment) further refines these charges, specifically lowering the rate from 2.9 cents to 2.8 cents per kilogram of meat, effective from 1 October 1988.
The Act and accompanying regulations impose obligations on entities involved in the export of meat and meat products. Exporters, or their representatives, must ensure they apply for the necessary permits and certificates and pay the applicable charge as stipulated in sections 5 and 6. This includes submitting accurate applications and providing the required documentation. The amendments in the Meat Export Charge Regulations (Amendment) ensure that the charge is correctly calculated and paid according to the updated rate.
Failure to comply with the provisions of the Meat Export Charge Act 1984 and the Meat Export Charge Regulations (Amendment) can lead to various consequences. While the Act itself does not explicitly outline penalties, breaches of related legislation or regulations, such as the Export Control Act 1982, may result in civil or criminal penalties. For instance, under the Export Control Act 1982, penalties can include substantial fines and, in severe cases, imprisonment. It is essential for parties involved in meat exports to adhere to all regulatory requirements to avoid potential legal repercussions.