EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 200
QUARANTINE (ANIMALS) REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Health
Section 87 of the Quarantine Act 1908 (‘the Act’) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. In particular, the Governor-General may make regulations which provide for the examination of animals for export from Australia, the granting of certificates by quarantine officers in relation to any animals examined or treated by them or under their supervision and for the prescribing of fees payable in respect of examinations, services, or certificates by quarantine officers and the persons by whom the fees are payable.
Animal health aspects of export inspection are carried out under the authority of the Act and the Quarantine (Animals) Regulations for which the Minister for Health has prime responsibility. The Department of Primary Industry oversees and coordinates the inspection and health certification of live animals for export, but most of the actual inspections are conducted by State and Northern Territory Departments responsible for agriculture on behalf of the Commonwealth, and their costs are reimbursed by the Commonwealth.
Part VIIIA of the Quarantine (Animals) Regulations prescribes fees for inspection and health certification of animals for export.
These fees were introduced on 1 July 1983 at rates aimed at recovering a reasonable proportion of the cost of providing the export inspection service. Those fees were based on the 1982/83 financial year estimated charge to the Commonwealth for State inspection. The States and the Northern Territory have substantially revised their cost
estimates upwards for 1983/84 and the costs relating to animal inspection operations of the Bureau of Animal Health have also been included. With existing fees it is estimated that only 27% of animal inspection cost would be recouped in 1983/84. The animal export inspection fees have been revised, in accord with Government policy, with a view to achieving 50% recovery of the cost of providing the service for the remainder of 1983/84.
The existing and proposed fees under Schedules 4A and 4B and sub-sections 86D(10) and (11) and 86E(5) and (6) of the regulations are attached.
The fees proposed are based on forecast animal exports and inspection costs for the 1983/84 year with a minimum inspection fee for each consignment. They reflect the costs incurred by the Commonwealth and the States in providing the export inspection service for each class of animal averaged across Australia. The fee for animals not covered by the Schedules is based on the minimum cost incurred in inspecting a consignment.
The opportunity has also been taken to make some minor machinery amendments to the regulations.
The proposed regulations to implement the increased fees are expressed to come into operation on 1 October 1983. A transitional provision has been incorporated into the proposed regulations which provides that where part of a service relating to a consignment is provided before 1 October and the remainder of the service is provided on or after the fees applicable immediately prior to that date shall continue to apply.