Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION AND MEAT (ESTABLISHMENT REGISTRATION CHARGES) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 343

STATUTORY RULES 2000 No. 343

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry - Australia

Export Inspection (Establishment Registration Charges) Act 1985

Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1)

Section 9 of the Export Inspection (Establishment Registration Charges) Act 1985 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, 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.

The Export Inspection and Meat (Establishment Registration Charges) Regulations 1985 (the Regulations) impose charges in relation to the registration of export establishments.

The purpose of the Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1) is threefold. Firstly, to create a new charge category to assist those export game meat premises that export less than 100 tonnes per annum. The new charge category allows for a reduction in current registration charges that apply to those establishments. The second purpose is to clarify that registration charges applicable to export meat establishment that slaughter less than 750 tonnes of meat and meat products, apply only to small and emerging industry sectors. The third purpose is to amend the definition of an Approved Quality Assurance arrangement to reflect contemporary quality assurance systems in use by the export meat sector. The amendments reflect the agreement reached between the Government and the meat processing industry about registration charges to be applied for the 2000/01 financial year.

The amendments commence either, on gazettal or retrospectively on 1 July 2000. Regulations 1 to 3 and Schedule 1 commence retrospectively, and introduce a new charge category for export game slaughter establishments. The new charge category is designed to assist smaller processors by allowing for a lower registration charge, than is currently provided for in the Regulations. As a consequence, the amendments do not breach section 48 of the Acts Interpretation Act 1901 as the rights of any person are not adversely affected, nor is any liability imposed. Schedule 2 commences on gazettal.

Details of the amendment are set out below.

Regulation 1 provides that the Regulations are named the Export Inspection and Meat (Establishment Registration Charges) Amendment Regulations 2000 (No. 1).

Regulation 2 provides that regulations 1 to 3, and Schedule 1 are taken to have commenced on 1 July 2000 and that Schedule 2 commences on gazettal.

Regulation 3 provides that Schedules 1 and 2 amend the Export Inspection and Meat (Establishment Registration Charges) Regulations 1985.

Schedule 1

Item 1 amends Schedule 1 of the Regulations to create a new Part 2A, which sets out the establishments charges applicable to game establishments. A new class of establishment is created which applies to establishments that export less than 100 tonnes of game meat in the financial year before the charge period. This will allow such establishments to pay an annual registration charge of $1,500 rather than the current charge of $5,000. The $5,000 registration charge remains unchanged for those establishments that export 100 tonnes or more of game meat in the financial year before the charge period. The reduced charge is to apply retrospectively to those establishments that exported less than 100 tonnes of game meat in the financial year before the charge period ending June 2000.

Item 2 deletes Item 9, part 3 of Schedule 1, since this item is now set out in the newly created Part 2A.

Schedule 2

Item 1 omits the definition of an Approved Quality Assurance (AQA) arrangement.

Item 2 defines an emerging establishment.

Item 3 inserts a new definition of QAA that is consistent with quality assurance arrangements used by the export meat industry.

Item 4 amends the definition of "annual rate" set out in subregulation 7(4) as a consequence of the amendments set out in items 6 and 7 of Schedule 2 of the amending regulations.

Item 5 amends item 7 of Schedule 2 of the Regulations as a consequence of the new definition of QAA.

Item 6 and 7 amend items 11 and 12 of Schedule 2 of the Regulations to clarify that export slaughter establishments that slaughter less than 750 tonnes must be an emerging establishment before the applicable registration charge becomes $5000. For those establishments that slaughter less than 750 tonnes, but are not emerging establishments, the annual registration charge is $30,350. An emerging establishment is defined as an abattoir from which meat intended for human consumption, other than meat from bovine or ovine animals is obtained.