EXPORT INSPECTION AND MEAT CHARGES COLLECTION AMENDMENT REGULATIONS 2011 (NO. 3) (SLI NO 237 OF 2011) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION AND MEAT CHARGES COLLECTION AMENDMENT REGULATIONS 2011 (NO. 3) (SLI NO 237 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 237

Issued by the authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry

Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 3)

Export Inspection and Meat Charges Collection Act 1985

Legislative Authority

The Export Inspection and Meat Charges Collection Act 1985 (the Collection Act) provides for the collection of charges imposed by the Export Inspection (Establishment Registration Charges) Act 1985 (the Charges Act), amongst others.

Section 6 of the Charges Act imposes a charge on the registration of establishments registered for operations associated with the preparation of prescribed commodities. Section 7 of the Charges Act provides that the rate of charge in relation to the registration of an establishment is the rate applicable under the regulations.

The Export Inspection and Meat Charges Collection Regulations 1985 (the Principal Regulations) are made under the Collection Act. Section 3 of the Collection Act provides that fish and fish products and egg and egg products are a prescribed commodity.

Section 17 of the Collection Act provides that the Governor-General may make regulations, not inconsistent with the Collection Act, prescribing matters required or permitted by the Collection Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Collection Act, including the remission or refund of charge in specified circumstances.

The Principal Regulations currently prescribe that charges fixed by the Export Inspection (Establishment Registration Charges) Regulations 1985 (the Charges Regulations) are due for payment at the time the establishment makes an application for registration. Section 13 of the Collection Act provides that an amount of charge that is due for payment may be recovered by the Commonwealth Government (the Commonwealth) as a debt due to the Commonwealth.

Purpose

The purpose of the proposed Regulations is to:

clarify that amounts charged for a charge period (as defined under the Charges Regulations) are due for payment on the day shown on an invoice issued by AQIS to the person liable to pay the charge; and
simplify the procedure allowing the Secretary to remit or refund amounts paid by registered establishments.

Consultation

AQIS consulted industry through face to face meetings with exporters and industry bodies representing the seafood or egg industry. AQIS provided an information pack to all fish and egg export registered facilities. AQIS has also consulted with the seafood export industry in the development of a new cost recovery model.

OBPR has been consulted and advised that a RIS is not required (reference 13343). A Cost Recovery Impact Statement is also being prepared.

Details

Regulation 1

The name of the Regulations is the Export Inspection and Meat Charges Collection Amendment Regulations 2011 (No. 3).

Regulation 2

The Regulations commence on 1 January 2012.

Regulation 3

Schedule 1 amends the Export Inspection and Meat Charges Collection Regulations 1985.

Schedule 1

Item 1 amends regulation 2 by inserting the definition of "egg establishment" in the Charges Regulations to extend the application of the Principal Regulations to egg and egg products.

Item 2 inserts a new regulation 2DA to reflect that a charge period is due for payment on the day shown on an invoice issued by AQIS to the person who is liable to pay the charge.

Item 3 inserts after subregulation 6(3) a new subregulation relating to refund or remission of charge. This provides that a person is taken to have been liable to pay the amount in relation to the part of the charge period that would have fallen on or after
1 January 2012 if:

* a person had paid, or was liable to pay, an amount of charge under the Charges Regulations before 1 January 2012; and

* the charge related to an egg or fish establishment described in those regulations and the amount of charge related to an amount of a charge period.

Item 4 substitutes subregulation 6A (1) with a new subregulation 6A (1). This is a technical amendment to allow the part to refer to the correct paragraphs and subregulations in the Principal Regulations.

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