EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 254
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) 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 cerificate 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 Amendment) will amend the Meat Export Charge Regulations to remove the charge of 2.8 cents per kilogram of meat except for that product which is produced (ie date stamped for the purposes of Part 22 of the Export Control Orders as amended made under the Export Control Act 1982) before 1 October 1989. The reason for the removal of the charge is that cost recovery for the provision of ancillary meat inspection services under the Export Control Act 1982 will be, from 1 October 1989, by way fees imposed by orders made under the Export Control Act 1982.
The Amendment also imposes a charge, in respect of export permit and health certificate applications made after 1 October 1989, a charge of 0.5 cents per kilogram of meat to which the applications relate. This will mean that the total charge for meat produced before 1 October 1989 will be 3.3 cents per kilogram. The revenue raised by way of this charge will be used to fund the establishment of a system of electronic transfer of data (“EXDOC”) required for the issue of the export permits and health certificates applicable to meat exports. It is anticipated that on approximately 31 May 1990, by which date approximately $2 million necessary for the establishment of
EXDOC will have been collected, the 0.5 cents per kilogram charge applicable to meat produced on or after 1 October 1989 will be repealed and the charge for meat produced before 1 October 1989 will be reduced by 0.5 cents to 2.8 cents per kilogram.
The Amendment commences on 1 October 1989.
Overview
The Meat Export Charge Act 1984 was enacted to address the need for a charge on the making of applications for the grant of export permits for meat and meat products from Australia. The Act established a charge to cover costs associated with the processing of such applications. The policy objective of this legislation was to ensure that the costs of administering the export control regime were appropriately funded through charges on exporters. The Meat Export Charge Regulations (Amendment), issued by the authority of the Minister for Resources, further refines the application of these charges to align with changes in the cost recovery mechanisms under the Export Control Act 1982. Effective from 1 October 1989, the Amendment removes the existing charge of 2.8 cents per kilogram for meat produced before this date, while introducing a new charge of 0.5 cents per kilogram for meat produced on or after this date, to fund the establishment of a system for electronic data transfer required for meat export permits and health certificates. This amendment ensures that the necessary resources for the administration of meat exports are efficiently managed and allocated.
Scope and Application
The Meat Export Charge Act 1984 applies to any person or entity seeking to export meat or meat products from Australia, imposing charges on the application for export permits and certificates under the Export Control Act 1982. This Act impacts the meat industry, particularly those entities involved in the export of meat products, and is administered at the Commonwealth level. The Act's jurisdiction extends to all meat exports from Australia, irrespective of the destination, and applies to both natural and legal persons. The Amendment to the Meat Export Charge Regulations, which was issued under the authority of the Minister for Resources, modifies the charge structure by removing the existing charge of 2.8 cents per kilogram for meat produced before 1 October 1989, and introducing a new charge of 0.5 cents per kilogram for applications made after this date. The Amendment also specifies that the revenue from the new charge will fund the establishment of the EXDOC system, a digital data transfer system for meat export permits and certificates. This Amendment is effective from 1 October 1989, and the changes will be phased out once sufficient funds have been collected for the EXDOC system, with the charge for pre-October meat being reduced accordingly.
Key Provisions
The Meat Export Charge Act 1984, as amended by the Meat Export Charge Regulations (Amendment), introduces changes to the charges levied on applications for export permits and health certificates for meat exports from Australia. Under section 5(1) of the Act, there are two charges: one for applications for export permits under section 23 of the Export Control Act 1982 and another for applications for the grant of export permits for meat or meat products. The Amendment reduces the charge to 2.8 cents per kilogram for meat produced before 1 October 1989, while a new charge of 0.5 cents per kilogram is introduced for meat produced on or after this date. This new charge is intended to fund the establishment of the EXDOC system for electronic data transfer, facilitating the issue of export permits and health certificates.
The Amendment imposes specific obligations on entities applying for export permits and health certificates. For applications related to meat produced before 1 October 1989, the charge remains at 2.8 cents per kilogram, while those for meat produced on or after this date will incur an additional charge of 0.5 cents per kilogram. The total charge for the latter will be 3.3 cents per kilogram until the EXDOC system is established, after which the charge is expected to be adjusted to 2.8 cents per kilogram. This transitional arrangement is designed to ensure a smooth shift from the old charge system to the new one, while also generating the necessary funds for the new system's implementation.
Failure to comply with the new charge provisions may result in legal consequences. Although the Amendment does not explicitly state penalties for non-compliance, breaches of regulations under the Meat Export Charge Act 1984 could lead to fines or other legal actions. The Act generally provides for penalties under section 14, which may include fines up to the maximum limits prescribed by the relevant legislation, for any contravention of the Act or its regulations. The specific penalties would depend on the nature and severity of the breach, as well as any other applicable laws.