Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


EXPORT INSPECTION AND MEAT CHARGES COLLECTION AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 178

EXPLANATORY STATEMENT

Statutory Rules 1999 No. 178

Issued by the authority of the Minister for Agriculture, fisheries and Forestry,

Export Inspection and Meat Charges Collection Act 1985

Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No. 1)

The Export Inspection and Meat Charges Collection Act 1985 (the Act) makes provision for the collection of the charges imposed by the Export Inspection (Establishment Registration Charges) Act 1985, the Export Inspection (Quantity Charge) Act 1985, the Export Inspection (Service Charge) Act 1985 and the Domestic Meat Premises Act 1993.

Section 17 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters: (a) required or permitted by the Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to the Act; and, in particular: (c) prescribing the manner for the determination of the weight or the volume of a prescribed commodity; (d) prescribing the form of warrant for the purposes of section 15; and (e) providing for the remission or refund of charge in specified circumstances.

The Export Inspection and Meat Charges Collection Regulations provide for, inter alia, the refund or remission of charge.

The purpose of the Amendment is to provide for merits review to the Administrative Appeals Tribunal of reconsidered decisions by the Secretary to defer, remit or refund payments under the Export Inspection and Meat Charges Collection Regulations. This Amendment is in response to a recommendation of the Senate Standing Committee on Regulations and Ordinances, and fulfils a commitment given to this Committee in the 103rd Report of the Senate Standing Committee on Regulations and Ordinances.

Details of the Amendment are as follows:

Regulation 1. This regulation provides that the Regulations will be the Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No. 1)

Regulation 2. This regulation provides that the Regulations commence on gazettal.

Regulation 3. This regulation provides for the. amendment of the Export Inspection and Meat Charges Collection Regulations as set out in Schedule 1.

Schedule 1.

Clause 1. This clause renames the regulations as the Export Inspection and Meat Charges Collection Regulations 1985.

Clause 2. This clause inserts new regulations, 6A, 6B, 6C, 6D and 6E.

New regulation 6A requires the Secretary, when making a decision of the kind specified in subregulation, 6A(1), to give the person liable to pay the relevant charge a notice in writing setting out the reasons for the decision, stating that person may apply under regulation 6B for reconsideration of the decision, and setting out how to apply for reconsideration, and the time within which the application must he made.

New regulation 6B provides that a person whose interests are affected by a decision of the kind specified in subregulation 6A(1) may ask the Secretary to reconsider the decision. New regulation 6B will also set out the formalities to be observed in making a request for reconsideration.

New regulation 6C provides that the operation of a decision is not affected by the making of an application for reconsideration.

New regulation 6D deals with reconsideration of decisions. Subregulation 6D(1) provides that if a person applies for reconsideration of a decision of a kind specified in subregulation 6D(1), the Secretary must reconsider the decision. Subregulation 6D(2) provides that the Secretary must confirm, amend or substitute another decision after reconsideration of the original decision. Subregulation 6D(3) provides that if the original decision was a decision not to remit and the amount of charge involved has been paid, the Secretary may substitute a decision to refund the same or another amount of charge. Subregulation 6D(4) sets out the circumstances in which the Secretary is taken to have confirmed the original decision. Subregulation 6D(5) provides that if the Secretary decides to amend the original decision or substitute another decision for it, the later decision replaces the original decision for all purposes (other than the making of an application for reconsideration).

New regulation 6E provides that application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under subregulation 6D(2).


[Index] [Related Items] [Search] [Download] [Help]