EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 99
Issued by the authority of the Minister of State 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) of the Act 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.
Regulation 7 of the Meat Export Charge Regulations, as amended by Statutory Rules No. 254 of 1989, imposed a charge of 0.5 cent per kilogram of meat in respect of export permit applications made on or after 1 October 1989 in order to recover the cost of the implementation of EXDOC, a system of electronic transfer of data required for the issue of export permits and health certificates applicable to meat exports.
In response to a Department of Finance direction that meat produced before 1 October.1989 should also be liable for this charge, regulation 7 also imposed a charge of 3.3 cents for ancillary meat inspection in respect of such meat, which comprised a 2.8 cents charge for ancillary meat inspection and the 0.5 cent EXDOC charge. Ancillary inspection of meat produced after 1 October 1989 became subject to a fee for service charging system under the Export Control Act 1982.
The charge for the EXDOC system was to be withdrawn by 31 May 1990, by which time cost recovery for the implementation of the system was to be completed.
Therefore, amendment of the Meat Export Charge Regulations has been necessary to repeal the 0.5 cent charge on meat produced both before and after 1 October 1989. The charge of 2.8 cents for ancillary inspection for meat produced before 1 October 1989 has been retained to allow for any remaining meat produced before that date.
The proposed Amendment omits subregulations 7(1) and 7(2) of the Meat Export Charge Regulations and substitutes a new subregulation 7(1), which imposes a charge of 2.8 cents per kilogram of meat prepared for export before 1 October 1989 for an application made on or after that date, and a new subregulation 7(2), which imposes a charge of 2.8 cents per 4ilogram of meat used as an ingredient in the production of meat products and prepared for export before 1 October 1989 for an application made on or after that date.
Overview
The Meat Export Charge Act 1984 was enacted to address the need for a regulatory framework governing charges on the export of meat and meat products from Australia. This Act provides the authority for the imposition of charges on applications for export permits and certificates required for the export of meat and meat products, ensuring that the costs associated with the regulatory process are adequately managed. The Act was enacted by the Australian Parliament with the objective of establishing a structured charge mechanism that reflects the costs of the administrative processes involved in meat exports, while also facilitating the efficient flow of meat products in international trade. The Meat Export Charge Regulations (Amendment) aim to refine and update the existing charge structure, ensuring that it accurately reflects current operational costs and aligns with policy objectives concerning cost recovery and trade facilitation.
Scope and Application
The Meat Export Charge Act 1984 applies to persons and entities involved in the export of meat or meat products from Australia, imposing charges on applications for export permits and certificates required for such exports. The Act operates within the Commonwealth jurisdiction, regulating the financial aspects of the meat export process, including the implementation of electronic data transfer systems and ancillary meat inspection. The charge under the Act is applicable to both meat produced before and after 1 October 1989, with specific charges tailored to different categories of meat. The Act allows for the amendment of these charges through subordinate instruments, as evidenced by the Meat Export Charge Regulations, which have been updated to reflect changes in the system's cost recovery mechanisms. Notably, the regulations have been adjusted to repeal certain charges while retaining others to ensure continued funding for ancillary meat inspection for meat produced prior to 1 October 1989.
Key Provisions
The Meat Export Charge Act 1984 outlines the imposition of charges for the processing of applications for export permits and certificates (section 5). Under section 5(1)(a), a charge is levied on applications for export permits for meat or meat products from Australia. Similarly, section 5(1)(b) imposes a charge on applications for certificates required for the export of goods to other countries. The rate of these charges is specified in section 6(1), not exceeding 4.8 cents per kilogram of meat.
The Meat Export Charge Regulations, particularly Regulation 7, initially set forth charges to recover costs associated with the implementation of the EXDOC system, an electronic data transfer system for meat exports (Statutory Rules No. 254 of 1989). Initially, a charge of 0.5 cent per kilogram was applied to all meat exports to fund the EXDOC system. Additionally, a 3.3 cent charge was imposed on meat produced before 1 October 1989 to cover ancillary meat inspection costs, combining a 2.8 cent ancillary inspection fee with the 0.5 cent EXDOC fee. Post-October 1989 meat became subject to a fee-for-service system under the Export Control Act 1982.
The Act and its Regulations impose specific obligations on entities applying for export permits and certificates. These entities must ensure they comply with the charges set out in the Act and Regulations. For instance, applicants must be aware of the specific charges applicable to meat produced before or after 1 October 1989. They must also be prepared to pay the applicable fees when submitting their applications.
Non-compliance with the charges specified in the Meat Export Charge Act and the Meat Export Charge Regulations can result in legal consequences. While the Act itself does not explicitly detail specific penalties for non-payment, failure to comply with the requirements could potentially lead to legal actions under the broader legislative framework governing export controls and charges. The penalties for such breaches would typically be aligned with those prescribed in other relevant legislation, such as the Export Control Act 1982, which may include fines or other civil or criminal sanctions as deemed appropriate by the courts.