EXPORT CHARGES (IMPOSITION--GENERAL) REGULATION 2015 (SLI NO 200 OF 2015) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT CHARGES (IMPOSITION--GENERAL) REGULATION 2015 (SLI NO 200 OF 2015)

EXPLANATORY STATEMENT

Select Legislative Instruments No. 200, 2015

Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture and Water Resources

Export Charges (Imposition--General) Act 2015

Export Charges (Imposition--General) Regulation 2015

Legislative Authority

Section 15 of the Export Charges (Imposition--General) Act 2015 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsections 7(1) and 7(4) of the Act provide that a regulation may prescribe a charge in relation to the export of regulated goods, but only so far as that charge is not considered a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution. Subsections 7(2) and 7(3) of the Act also provide that the charges prescribed under subsection 7(1) are imposed as taxes and that two or more charges may be prescribed in relation to the same matter, and a single charge may be prescribed in relation to 2 or more kinds of regulated goods.

Subsection 8(1) of the Act provides that a regulation may prescribe a charge under subsection 7(1) by specifying an amount of a charge or the method for calculating the amount of a charge. Before the Governor-General may make a regulation under subsection 7(1) the Act requires that the Minister for Agriculture and Water Resources must be satisfied that the amount of the charge is set at a level that is designed to recover no more than the Commonwealth's likely costs in connection with the export of regulated goods.

Section 9 of the Act provides that a regulation may prescribe one or more persons who are liable to pay a specified charge prescribed under subsection 7(1). Section 10 of the Act provides that a regulation may be made to provide exemptions from a charge prescribed under subsection 7(1).

Sections 11, 12, 13 and 14 are equivalent to sections 7, 8, 9 and 10 respectively, but are applicable to the imposition of charges in relation to regulated matters relating to the export of regulated goods, rather than a charge relating to the good per se.

Purpose

The purpose of the Export Charges (Imposition--General) Regulation 2015 (the Regulation) is to prescribe charges in relation to the export of regulated goods or regulated matters relating to the export of regulated goods which are not considered a duty of customs or excise within the meaning of section 55 of the Constitution. The Regulation also prescribes who is liable to pay a specified charge, the persons or classes of persons that are exempt from a charge and makes transitional provisions for any such charges.

The Regulation gives effect to the new export cost recovery charges developed as part of the Department of Agriculture and Water Resources' (the department's) redesign of cost recovery arrangements.

Background

The department monitors operational policy and systems to ensure compliance with Australian export controls and any additional importing country requirements. This is achieved by undertaking inspection, audit and certification services. These services serve to maintain the eligibility of commodities for export from Australia and ensure that market access is maintained. The department also issues permits, health certification and other documentation necessary to confirm compliance for importing countries.

The export of certain goods are managed under the Export Control Act 1982 (Export Control Act) and the Australian Meat and Live-stock Industry Act 1997 (AMLI Act). These Acts and other supporting legislation provide the basis for ensuring that exports such as meat, seafood, dairy, plants, non-prescribed goods and live animals meet the requirements of importing countries.

In June 2015, a suite of new charging legislation for which the department is responsible commenced. This includes the Act, the Export Charges (Collection) Act 2015, the Export Charges (Imposition--Customs) Act 2015 and Export Charges (Imposition--Excise) Act 2015. This new suite of charging legislation provides an appropriate legal framework for the recovery of different types of costs through the imposition and collection of charges, rather than fees.

This new legislation overcame the limitation of the existing charging framework (Export Inspection (Service Charge) Act 1985, Export Inspection (Quantity Charge) Act 1985, Export Inspection (Establishment Registration Charge) Act 1985 and the Export Inspection and Meat Charges Collection Act 1985 and their associated regulations) under which charges could only be recovered in relation to prescribed goods within the meaning of the Export Control Act. This charging framework did not apply to the AMLI Act.

Monitoring compliance with export legislation comes at a cost. The Australian Government Cost Recovery Guidelines state that agencies should set charges to recover some or all of the costs of services that they provide.

The policy authority for continued cost recovery of export services was confirmed in the 2015-16 Budget when the Commonwealth announced the redesign of the department's cost recovery arrangements. The redesign improves the department's cost recovery arrangements so they are financially sustainable and support the efficient and effective delivery of export services into the future.

The redesign improves cost recovery of export services by:

* providing for the recovery of charges which are set at amounts that will allow the department to recover its full costs for providing such services

* simplifying the structure of fees and charges

* achieving greater equity in client contributions to system costs.

From 1 December 2015, the Regulation will operate alongside the legislative framework for cost recovery through fees where a service is provided directly to an individual or business or organisation. These fees are contained within the Export Control (Fees) Orders 2015.

Impact and Effect

This Regulation will allow the Commonwealth to appropriately recover the costs for providing export services by imposing charges which are not considered duties of customs or duties of excise within the meaning of section 55 of the Constitution. The Regulation will improve and implement part of the department's redesigned cost recovery arrangements for export services, including through:

* the recovery of costs through the imposition of charges, as cost recovery levies

* reducing the number of charges that may apply to exported goods.

Consultation

The department consulted with stakeholders during the development of the redesigned cost recovery fees and charges. This included the department working with all export-related industry consultative committees and other clients and interested stakeholders through public engagement forums. The department released draft Cost Recovery Implementation Statements (CRISs) for public comment and provided opportunity for stakeholders to provide feedback through a submissions process.

Stakeholder feedback was taken into account and the final CRIS were certified by the Secretary of the department and endorsed by the Minister for Agriculture and Water Resources. The Minister for Finance agreed to release the final CRISs which are available on the department's website.

The Regulation is compatible with human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.

A Regulatory Impact Statement (RIS) was completed on the department's biosecurity, imported food and export certification cost recovery redesign (Office of Best Practice Regulation ID: 17726). OBPR assessed the RIS as best practice. A copy of the RIS is attached.

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Details of the Export Charges (Imposition--General) Regulation 2015

Section 1 - Name

This section provides that the name of the Regulation is the Export Charges (Imposition--General) Regulation 2015.

Section 2 - Commencement

This section provides for the Regulation to commence on 1 December 2015.

Section 3 - Authority

This section provides for the Regulation to be made under the Export Charges (Imposition--General) Act 2015.

Section 4 - Simplified outline of this instrument

This section sets out a simplified outline of the Regulation which states that the Regulation prescribes charges in relation to the export of regulated goods and regulated matters relating to the export of regulated goods as well as the persons liable to pay and exemptions from charges.

It also notes that the prescribed charges are imposed under the Act as taxes. Section 55 of the Constitution relevantly requires that laws imposing duties of customs deal with duties of customs only, and laws imposing duties of excise deal with duties of excise only. Section 55 also has the effect that laws imposing 'general' taxation (that is, taxes that are neither customs or excise duties) may not impose duties of customs or excise.

The third paragraph of the simplified outline in this section notes that this Regulation prescribes a charge only so far as it is not a duty of customs or a duty of excise within the meaning of section 55 of the Constitution. It also notes that to the extent a charge is a duty of customs, it is prescribed under the Export Charges (Imposition--Customs) Regulation 2015 (it is unlikely the charges are duties of excise).

The charges listed in this Regulation are also listed in the Export Charges (Imposition--Customs) Regulation 2015. This ensures that a charge is validly imposed under the relevant Act even where it is unclear whether it is a duty of customs or a 'general' tax.

Section 5 - Definitions

This section provides definitions of terms used in the Regulation. This ensures the meaning of these terms is clear. Definitions include: Act, animal reproductive material, Animals Order, Australian Standard for Meat, boning, camelid, casing, co-operative, corporation, disability assistance dog, dressing, egg, egg product, ESCAS, Export Control Act, Export Control Order, export document, fish, fish product, fresh fruit, fresh vegetable, government certificate, grain, horticultural products, live animal, live-stock, live-stock export licence, meat, meat export licence, meat product, milk, milk product, occupier, organic produce, phytosanitary certificate, plant products, plants, poultry, QM certificate, registered establishment, regulated goods, regulated matter and small horticultural products registered establishment.

Many of the definitions in the Regulation have the same meaning as when those terms are used in other Acts, legislative instruments (orders) or Australian Standards. A number of terms are also defined by the order which applies to the regulated good or regulated matter Defining terms in this way is intended to ensure consistency with other regulatory frameworks that apply to the goods to which a charge may apply as a result of this Regulation.

Part 2--Charges in relation to the export of regulated goods

Section 6 - Regulated goods

This section prescribes, for the purposes of subsection 7(1) of the Act, regulated goods as cattle, sheep, goats, buffalo and camelids (including the young of those animals), plants and plant products. The regulated goods listed in this section are the only goods to which charges are imposed under subsection 7(1) of the Act.

Section 7 - Charges--export of live animals

This section prescribes, for the purposes of subsection 7(1) of the Act, the charge payable in relation to the export of each live animal (the regulated goods). The charge in item 1 of the table applies for cattle, buffalo and camelids (including the young of those animals) while the charge in item 2 of the table applies to sheep and goats.

Section 8 - Charges--export of plants and plant products

This section prescribes, for the purposes of subsection 7(1) of the Act, the charge payable in relation to the export of plants or plant products (the regulated goods).

The table in subsection 8(1) sets out the charges for the 2015-16, 2016-17 and 2017-18 and subsequent financial years.

Items 1 and 2 apply to horticultural products, defined in section 5 of this Regulation as fresh fruit, fresh vegetables, plant nursery stock, cut flowers and plant tissue culture. Different charges apply depending on the market the product is destined for. The charge that will apply to exported horticultural products differs depending on which of the market requirements detailed in subsection 8(2) or 8(3) are applicable.

A phytosanitary certificate may be required for horticultural products under both subsections 8(2) and 8(3). In addition, markets described in subsection 8(2) impose significant other conditions on products imported from Australia. A requirement for a phytosanitary certificate is not a significant condition, section 8(4).

Item 3 applies to all other plants and plant products for export not covered by items 1 and 2. The effect of the definitions of plants and plant products in section 5 is that this item is applicable to prescribed grain, timber, hay and straw and other plants and plant products.

Section 9 - Persons liable to pay charges--export of live animals and plants and plant products

For section 9 of the Act, paragraph 9(a) prescribes that the exporter of the regulated goods is liable to pay the charges prescribed in the table in section 7 or the table in subsection 8(1) of the Regulation. Paragraph 9(b) makes it clear that in the event there is more than one exporter, liability for the charges extends to the other exporter(s) of the goods.

The note points to provisions in the Export Charges (Collection) Regulation 2015 which provide that the agent of a person who is liable to pay a charge is jointly and severally liable with that person to pay the charge.

Part 3--Charges in relation to regulated matters relating to the export of regulated goods

Section 10 - Regulated matters and regulated goods

Section 10 prescribes the regulated matters relating to the export of regulated goods which are subject to charges under this Regulation.

Subsection 10(1) sets out that the regulated matters are the matters referred to in column 1 of each of the seven tables in sections of Part 3. The regulated matters relate to the export of regulated goods which are listed in subsection 10(2).

Section 11 - Charges--registered establishments

The regulated matters for the purposes of subsection 11(1) of the Act are the various types of registered establishments listed in column 1 of the table at subsection 11(1) of the regulation. The regulated matters relate to the export of the goods referred to in column 1 of the table. The charges (both full and part financial year where applicable) that will apply are set out in column 2.

Regulated matters include:

* registered establishments used for holding and assembling live-stock for export
(item 1);

* registered establishments (other than establishments covered by item 4) used for operations associated with; the preparation of horticultural products for export to a market to which subsection 11(2) applies; or loading large unpackaged quantities of grain directly onto a vessel for export (item 2);

* registered establishments (other than establishments covered by item 4) used for operations associated with; the preparation of horticultural products for export to a market to which subsection 11(3) applies; or the preparation of any other plants or plant products for export (item 3);

* registered establishments that is a small horticultural products registered establishment for a financial year (item 4);

* registered establishments used for the slaughter or dressing of an animal (other than poultry) for export; the production, preparation, storage or handling of casings for export, or for the storage, handling or transportation of meat or meat products for export (item 5);

* registered establishments used for operations associated with the preparation of meat or meat products for export ie for the slaughter or dressing of poultry, further processing and/or boning (item 6);

* registered establishments used for operations associated with the preparation of meat or meat products for export which operate under the control of a food safety authority of a State or Territory and the meat or meat products are being exported to countries that do not impose requirements on those products that are not imposed by the Australia Standard for Meat (item 7);

* registered establishments used for the storage of milk or milk products for export
(item 8);

* registered establishments (other than item 8) used for processing or packing milk or milk products and which exported less than 2 000 tonnes in the financial year prior and are either owned by a corporation or are owned by or part of a co-operative (item 9);

* registered establishments (other than item 8) used for processing or packing milk or milk products and which exports 2 000 tonnes or more in the financial year prior and is either owned by a corporation or is owned by or part of a co-operative (item 10);

* registered establishments that are vessels registered to prepare fish or fish products for processing at another establishment before export or a land-based establishment that prepares live fish for export (item 11);

* registered establishments that are vessels registered to prepare fish or fish products without the need for processing or a land-based establishment (other than those covered in items 11 or 13) registered to prepare fish or fish products for export (item 12);

* registered establishments used for the storage of fish or fish products for export
(item 13);

* registered establishments used for operations associated with the preparation of egg or egg products for export (item 14).

Subsections 11(2) and 11(3) are inherently equivalent to and have the same effect as subsections 8(2) and 8(3). Subsection 11(4) clarifies that, for the purpose of subsection 11(3), a phytosanitary certificate is not a significant condition.

Subsection 11(5) provides that if a charge would be payable in relation to a registered establishment under items 2 or 3, or two or more of items 5, 6 and 7, or two or more of items 8, 9 and 10, then whichever charge in relation to the registered establishment is the higher or highest of the amounts for those items, is payable.

Section 12 - Person liable to pay charges--registered establishment

For section 13 of the Act, paragraph 12(a) prescribes that the occupier of the registered establishment will be liable to pay the charges prescribed in subsection 11(1) of the Regulation.

Paragraph 12(b) makes it clear that in the event there is more than one occupier of a registered establishment, liability for the charges extends to the other exporter(s) of the goods.

Section 13 - Charges--slaughter or dressing certain animals

The regulated matters for the purposes of subsection 11(1) of the Act are the slaughter and dressing of certain types of animals at a registered establishment in a calendar month. The regulated matters relate to the export of meat (the regulated goods) of an animal referred to in the table. The charges that will apply are set out in column 2.

Subsections 13(2) and 13(3) respectively mean that each animal slaughtered or dressed is only counted once in a calendar month and that the charge does not apply to the previous calendar month if the establishment was not registered in that month.

Subsection 13(4) clarifies that a reference to an animal (other than sheep, bulls, cows, steers, heifers or buffalos) includes the young of that animal. Young sheep are provided for under item 7, while young bulls, cows, steers, heifers and buffalos (calves) are provided for under item 1.

Section 14 - Person liable to pay charges--slaughter or dressing certain animals

For section 13 of the Act, paragraph 14(a) prescribes that the occupier of a registered establishment referred to in an item in the table in subsection 11(1) is liable to pay the charge in relation to the regulated matter prescribed by that item. Paragraph 14(b) makes it clear that in the event there is more than one occupier of a registered establishment, liability for the charges extends to the other occupiers of the registered establishment.

Section 15 - Charges--applications

The regulated matters for the purposes of subsection 11(1) of the Act are various types of applications listed in column 1 of the table at section 15. The regulated matters relate to the export of the regulated goods referred to in column 1 of the table. The charges that will apply are set out in column 2.

Regulated matters include an application under:

* section 2.04 of the Animals Order (other than a reapplication under section 2.12 of that Order) to register premises to be used for holding and assembling live-stock for export (item 1);

* section 2.13 of the Animals Order, for approval of a change referred to in subsection 2.13 of that Order in relation to premises to be used for holding and assembling live-stock for export (item 2);

* an Export Control Order, to register an establishment (other than an application to renew the registration of an establishment) for operations associated with the preparation for export of meat or meat products; plants or plant products; milk or milk products; fish or fish products or eggs or egg products (item 3);

* order 3.02 or 3.06 of the Export Control (Organic Produce Certification) Orders, for the issue of a QM certificate in relation to organic produce (item 4);

* Part 4A of the Animals Order, by a veterinarian for accreditation (item 5);

* section 4A.08 of the Animals Order, by an accredited veterinarian for variation of the veterinarian's accreditation (item 6);

* subsection 11(1) of the Australian Meat and Live-stock Industry Act 1997, for an application for a live-stock export licence (item 7);

* regulation 19 of the Australian Meat and Live-stock (Export Licencing) Regulations 1998, for an approval of a variation to a live-stock export licence (item 8);

* Subdivision A of Division 1A.2 of the Animals Order, for approval of an arrangement in relation to the export of live-stock (item 9);

* Subdivision B of Division 1A.2 of the Animals Order, for approval of a variation of an arrangement in relation to the export of live-stock (item 10);

* Division 1A.3 or 2.4 or Part 3 of the Animals Order, for approval of an ESCAS (item 11);

* Division 1A.3 or 2.4 or Part 3 of the Animals Order, for approval of a variation of an ESCAS (item 12);

* section 13A of the Export Control (Plants and Plant Products) Order 2011, for a determination that a registered establishment is a small horticultural products registered establishment for a financial year (other than an application under that section in relation to that registered establishment for a second or later financial year) (item 13)

* section 3.02 of the Export Control (Prescribed Goods--General) Order 2005 for an application by an exporter on the basis of circumstances referred to in paragraph 3.01(b), (c) or (d) of that Order, for an exemption from the requirement in the Animals Order that live-stock for export by the exporter be prepared in accordance with an approved arrangement for the exporter (item 14).

Section 16 - Person liable to pay charges--applications

For section 13 of the Act, section 16 prescribes the person who will be liable to pay the charges prescribed in section 15 of the Regulation is the person who made the application to which the charge relates.

Section 17 - Charges--approved arrangements and QM certificates

The regulated matters for the purposes of subsection 11(1) of the Act are the matters listed in column 1 of the table at section 17 (either development and management of an approved arrangement or issuance of a QM certificate). The regulated matters relate to the export of the regulated goods referred to in column 1 of the table. The charge (both full and part financial year where applicable) that will apply is set out in column 2.

Items 1 and 2 of the table in section 17 relate to the charge for development and management of arrangements for the preparation of live-stock for export by the holder of a live-stock export licence in accordance with an approved arrangement under Division 1A.2 of the Animals Order. Item 1 relates to approved arrangements for export of live-stock by sea, item 2 relates to approved arrangements for export of live-stock by air.

Items 3 of the table in section 17 relates to the charge for a QM certificate in relation to organic produce issued to an organisation under Division 1 of Part 3 of the Export Control (Organic Produce Certification) Orders.

Section 18 - Person liable to pay charges--approved arrangements and QM certificates

For section 13 of the Act, paragraph 18(a) prescribes that the person who is liable to pay the charges prescribed by items 1 and 2 of the table in section 17 is the person who holds the live-stock export licence. Paragraph 18(b) of the Regulation prescribes the person who is liable to pay the charges prescribed by item 3 of the table in section 17 is the organisation to which the QM certificate was issued.

Section 19 - Charges--live-stock and meat export licences

The regulated matters for the purposes of subsection 11(1) of the Act are the matters listed in column 1 of the table in section 19 (either a live-stock export licence or a meat export licence). The regulated matters relate to the export of the regulated goods referred to in column 1 of the table. The charges (both full and part financial year) that will apply are set out in column 2. The regulated matters are:

* a live-stock export licence (other than a live-stock export licence held by an exporter for whom there is an approved arrangement in force under Division 1A.2 of the Animals Order) (item 1);

* a live-stock export licence held by an exporter that has been granted an exemption, under the Export Control (Prescribed Goods--General) Order 2005 from the requirement in the Animals Order that live-stock for export by the exporter be prepared in accordance with an approved arrangement (item 2);

* a meat export licence (other than a licence held by the registered occupier of a registered establishment for meat or meat products referred to in items 5, 6 or 7 of the table in subsection 11(1) (item 3).

Section 20 - Person liable to pay charges--live-stock and meat export licences

For section 13 of the Act, section 20 prescribes that the person who will be liable to pay the charges prescribed in the table in section 19 of the Regulation is the person who holds the licence to which the charge relates.

Section 21 - Charges--export documents

The regulated matters for the purposes of subsection 11(1) of the Act are the matters listed in column 1 of the table at section 21 (either issue of an export permit or export document). The regulated matters relate to the export of the regulated goods referred to in column 1 of the table. The charges that will apply are set out in column 2.

Item 1 specifies the charge for the issue of an export permit to a person (other than the holder of a live-stock export licence) for the export of live animals or animal reproductive material.

Items 2 to 6 relate to the electronic issue of an export document for the export of a consignment of plants or plant products, meat or meat products, milk or milk products, fish or fish products, eggs or egg products, respectively.

Item 7 relates to the electronic issue of an export document for the export of goods in relation to which a government certificate has been issued under the Export Control (Prescribed Goods--General) Order 2005.

Section 22 - Person liable to pay charges--export documents

For section 13 of the Act, section 22 prescribes that the person that the export document is issued to will be liable to pay the charges prescribed in the table in section 21 of the Regulation.

Section 23 - Charges--certain authorised officers

The regulated matters for the purposes of subsection 11(1) of the Act are the matters listed in column 1 of the table in section 23 (the appointment of a person other than an Australian Public Service (APS) employee appointed to be an authorised officer). The regulated matters relates to the export of the regulated goods referred to in column 1 of the table. The charge that will apply is set out in column 2.

This section provides for the amount of a charge payable for a person who is not an APS employee who is appointed to be an authorised officer under section 20 of the Export Control Act 1982 for the purposes of providing services in relation to the export of plants and plant products.

Section 24 - Person liable to pay charges--certain authorised officers

For section 13 of the Act, section 24 prescribes that the person who has been appointed to be an authorised officer will be liable to pay the charges prescribed in the table in section 23 of the Regulation.

Section 25 - Exemptions from charges

This section provides for a number of exemptions from the requirement to pay export charges under section 14 of the Act.

These include exemptions for the export of disability assistance dogs, export of goods by an organisation approved by the Secretary that provides aid or assistance in a foreign country, a registered establishment that is a marine laboratory in certain circumstances, goods that are in a ship's or aircraft's stores used for passengers and crew or service of the ship or aircraft, goods held in bond on import to be re-exported, goods that are re-exported under the same covering and same trade description as when they were imported, goods consigned to an external territory for consumption there, goods consigned to certain resources industry fixed structures or mobile units to be consumed there, certain goods that are exported meeting specified volume and weight criteria and goods (other than grain, plants or plant products, live animals and animal reproductive material) exported to New Zealand.

These exemptions are consistent with the exemptions from fees provided in the Export Control (Fees) Order 2015 and the Export Control (Prescribed Goods--General) Order 2005, and the exemption from charges provided in the Export Inspection (Establishment Registration Charges) Regulations 1985 which will be repealed upon registration of this Regulation.

Part 4 - Application and transitional provisions

Section 26 - Export of live animals

This section provides that any charge prescribed by an item in the table in section 7 applies in relation to the export of an animal referred to in that item if the export permit or health certificate in relation to the animal is issued on or after 1 December 2015.

Section 27 - Export of plants and plant products

This section provides that any charge prescribed by an item in the table in section 8 applies in relation to the export of plants or plant products referred to in that item if the export permit and phytosanitary certificate (if required) in relation to the consignment are issued on or after 1 December 2015.

Section 28 - Registered establishments

Section 28(1) provides that any charge prescribed by an item in the table in subsection 11(1) applies in relation to a registered establishment if the registration of that establishment is in force on 1 December 2015 or an establishment first registered on or after 1 December 2015.

Subsection 28(2) has the effect that the charge applicable to certain types of establishment first registered on or after 1 December 2015 and before 1 January 2016 is equivalent to the charge that would apply to an establishment first registered on or after 1 January 2016. This provision reduces the charge for a registration obtained in this period from the full financial year amount to the amount that applies in relation to a registration obtained between 1 January 2016 and 30 June 2016. The note to this subsection provides further clarification of the charge that will apply in this circumstance.

Section 29 - Slaughter or dressing certain animals

This section provides that any charge prescribed by an item in the table in subsection 13(1) applies in relation to the slaughtering or dressing of animals if the slaughtering or dressing occurs on or after 1 December 2015.

Section 30 - Applications

Subsection 30(1) provides that any charge prescribed by an item in the table in section 15 applies in relation to an application made on or after 1 December 2015.

Subsection 30(2) provides that the charge prescribed by item 5 in the table in section 15 also applies in relation to an application by a veterinarian for accreditation made before 1 December 2015 if the veterinarian is given a notice of accreditation or refusal of the accreditation on or after 1 December 2015.

Section 31 - Approved arrangements and QM certificates

Subsection 31(1) provides that any charge for an approved arrangement prescribed by items 1 or 2 of the table in section 17 applies if the approved arrangement is in force on 1 December 2015 or the approval of the arrangement takes effect on or after 1 December 2015.

Subsection 31(2) provides that if an arrangement referred to in items 1 and 2 of the table in section 17 is first approved between 1 December 2015 and 1 January 2016 the charge that would apply is equivalent to the applicable charge if the arrangement is approved after 1 January 2016.

Subsection 31(3) provides that the charge for a QM certificate arrangement prescribed by item 3 of the table in section 17 applies if the QM certificate is in force on 1 December 2015 or is issued on or after 1 December 2015.

Subsection 31(4) provides that if the fee referred to in suborder 4S(3) of the Export Control (Fees) Orders 2015 (as in force immediately before 1 December 2015) was paid before that date in relation to a QM certificate for the financial year ending on 30 June 2016, the charge prescribed by item 3 of the table in section 17 is taken to have been paid for that financial year.

Section 32 - Live-stock and meat export licences

Subsection 32(1) provides that for any charge for a live-stock export licence prescribed by items 1 or 2 of the table in section 19 applies, if the licence is in force on 1 December 2015 or the licence is granted on or after 1 December 2015.

Subsection 32(2) has the effect that the charge applicable to a live-stock export licence described by item 1 of the table in section 19 which is first granted between 1 December 2015 and 1 January 2016 is equivalent to the charge that would apply to an export licence granted after 1 January 2016. This provision reduces the charge for a licence obtained in this period from the full financial year amount to the amount that applies in relation to a licence obtained between 1 January and 30 June. The note to this subsection provides further clarification of the charge that will apply in this circumstance.

Subsection 32(3) provides that the charge for a meat export licence prescribed by item 3 of the table in section 19 applies, if the licence is in force on 1 December 2015 or the licence is granted on or after 1 December 2015.

Section 33 - Export documents

This section provides that any charge prescribed by an item in the table in section 21 applies in relation to an export document that is issued on or after 1 December 2015.

Section 34 - Authorised officers

Section 34 provides that the charge for an item in the table in section 23 applies if the appointment of the authorised officer is in force on 1 December 2015 or if the person is first appointed to be an authorised officer on or after 1 December 2015.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Export Charges (Imposition--General) Regulation 2015

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the Export Charges (Imposition--General) Regulation 2015 (the Regulation) is to prescribe charges in relation to the export of regulated goods or a regulated matters relating to the export of regulated goods which are not considered a duty of customs or excise within the meaning of section 55 of the Constitution. The Regulation also prescribes who is liable to pay a specified charge, the persons or classes of persons that are exempt from a charge and makes transitional provisions for any such charges.

The Regulation gives effect to the new export cost recovery charges developed as part of the Department of Agriculture and Water Resources' redesign of cost recovery arrangements.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Senator the Hon. Anne Ruston

Parliamentary Secretary to the Minister for Agriculture and Water Resources

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