Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION AND MEAT CHARGES COLLECTION REGULATIONS (AMENDMENT) 1995 NO. 257

STATUTORY RULES 1995 No. 257

Issued by the authority of the Minister for Primary Industries and Energy

Export Inspection and Meat Charges Collection Act 1985

Export Inspection and Meat Charges Collection Regulations (Amendment)

Section 17 of the Export Inspection and Meat Charges Collection Act 1985 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matter 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.

The Export Inspection and Meat Charges Collection Regulations (the Regulations) make provision for the collection of 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 Charge Act 1993.

The purpose of the proposed Regulation is to allow for the Secretary or his/her delegate to refund some or all of the amount of a charge imposed under the above Acts, on the condition that the amount is in excess to cost recovery requirements, the full charge need not have been collected and that the payment be refunded to the person who paid the charge. The proposed regulations will provide a mechanism to enable revenue collections which are surplus to cost recovery requirements in any year to be refunded.

The proposed Regulations will commence on Gazettal.

Details of the proposed Regulations are as follows:

Regulation 1 - Amendment

Subregulation 1.1 provides that the Regulations are amended as set out in the Export Inspection and Meat Charges Collection Regulations (Amendment).

Regulation 2 - Regulation 6 (Refund or remission of charge)

Regulation 2 inserts new subregulations 6 (8) and (9) which enable the Secretary to remit or refund some or all of a charge imposed under the Export Inspection (Establishment Registration Charges) Act 1985; the Export Inspection (Quantity Charge) Act 1985; the Export Inspection (Service Charge) Act 1985 or the Domestic Meat Premises Charge Act 1993 subject to cost recovery levels and the amount of charge which has been or is liable to be paid.