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.
Overview
The Quarantine (Animals) Regulations (Amendment) Statutory Rules 1983 No. 200 were introduced to address the rising costs associated with the inspection and health certification of animals for export from Australia. Enacted under the authority of Section 87 of the Quarantine Act 1908, these regulations were issued by the Minister for Health and are intended to recover a reasonable proportion of the cost of providing the export inspection service. The regulations were amended to revise animal export inspection fees, aiming for a 50% recovery of costs for the remainder of the 1983/84 financial year, in line with government policy. This adjustment was necessary as existing fees would only recoup 27% of the anticipated costs. The new fees are based on forecast exports and inspection costs for the year, with a minimum inspection fee for each consignment, reflecting the average costs incurred by the Commonwealth and the States. The amendments also include minor machinery changes to the regulations, which are set to come into operation on 1 October 1983, with a transitional provision to ensure continuity of service.
Scope and Application
The Quarantine (Animals) Regulations, as amended by these Statutory Rules, apply to all entities and persons involved in the export of animals from Australia, including individuals, businesses, and government departments responsible for animal health and inspection services. The regulations cover the fees associated with the examination, certification, and inspection of animals intended for export, and they are designed to ensure that the cost of providing these services is adequately recouped. The regulations also cover the machinery aspects of the export inspection process, including the roles and responsibilities of the Commonwealth, States, and Northern Territory in conducting inspections and reimbursing costs. The increased fees, which are based on forecast animal exports and inspection costs, aim to achieve a 50% recovery of the cost of providing the export inspection service for the remainder of the 1983/84 financial year. The application of these regulations is national in scope, with oversight by the Minister for Health and implementation by various government departments and agencies across Australia. There are no stated exclusions or exemptions in these regulations, and they apply to all animal exports from Australia. The regulations may be further extended or restricted through subordinate instruments, such as additional fees or specific guidelines for particular types of animals or export scenarios.
Key Provisions
The main operative sections of these regulations (Schedules 4A and 4B, and sub-sections 86D(10) and (11) and 86E(5) and (6)) focus on prescribing fees for the inspection and health certification of animals intended for export from Australia. These sections reflect the cost recovery policy aiming for a 50% recoupment of the export inspection service costs for the 1983/84 financial year. The fees are based on the estimated export volume and inspection costs, including those incurred by the Commonwealth and the States. A minimum inspection fee is set for each consignment, with additional fees for animals not covered by the schedules.
These regulations impose obligations on parties exporting animals to ensure they pay the appropriate fees as outlined in the schedules and sub-sections mentioned. The Department of Primary Industry coordinates the inspection and certification process, while State and Northern Territory departments conduct the actual inspections, with costs reimbursed by the Commonwealth. The regulations also ensure that fees are applied correctly even when services are provided across the transition date of 1 October 1983.
Breaching these regulations could lead to civil and criminal consequences. Specifically, failure to pay the prescribed fees can result in penalties. While the regulations do not explicitly state the maximum penalties, under the broader Quarantine Act 1908, non-compliance with prescribed fees and regulations could lead to fines and other enforcement actions. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions under the overarching Act.
The transitional provision in the regulations ensures that if part of the inspection service is completed before the new fees come into effect and the remainder is completed afterward, the fees applicable prior to 1 October 1983 will still apply. This provision aims to prevent abrupt financial impacts on exporters who are in the process of completing their export services around the transition date.