Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION AND MEAT (ESTABLISHMENT REGISTRATION CHARGES) REGULATIONS (AMENDMENT) 1994 NO. 64

STATUTORY RULES 1994 No. 64

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

Export Inspection and Meat (Establishment Registration Charges) Act 1985

Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment)

Section 9 of the Export Inspection and Meat (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 (the Regulations) set establishment registration charges payable by occupiers of establishments registered under the Export Control Act 1982.

The purpose of the Regulations is to set revised schedules of charges from 1 January 1994 on establishments registered to prepare meat for export. These changes reflect reductions on those previously set. Other changes involve the addition of a new category of independent export processing establishment at which an approved quality assurance arrangement is in force and amendment to the definition of some existing categories.

The charge payable for export slaughter establishments located in the same premises as other separately registered boning establishments or export processing establishments has been altered to allow two methods of payment. The new arrangement provides for each establishment to individually pay their share of the charge or, where the slaughter establishment agrees, for the slaughter establishment to pay the total registration amount.

The effect of the regulations is retrospective. On the basis that no one other than the Commonwealth will be disadvantaged, the retrospective commencement of the amendments will not contravene subsection 48 (2) of the Acts Interpretation Act 1901.

The Regulations amend the Regulations as follows:

Regulation 1 - Commencement

Subregulation 1.1 provides for subregulations 3.1 and 3.2, and regulations 5 and 7 to commence on 1 January 1994. The remainder of the regulations would commence on gazettal.

Regulation 2 - Amendment

Subregulation 2.1 provides that the Regulations are amended as set out in the Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment).

Regulation 3 - Interpretation

Subregulation 3.1 revises the definition of "low volume exporter" by identifying the year used for assessing export levels to determine whether or not an establishment meets the definition of "low volume exporter" as identified in item 3 of column 2 of schedules 2 and 3.

Subregulation 3.2 inserts a new definition of "AQA arrangement" to allow for a new kind of establishment as identified by the new item 3A of column 2 of schedules 2 and 3. The subregulation also inserts a new definition of "independent export processing establishment". This is to avoid any definitional conflict between export processing establishments located on the same premises as a slaughter house and those located elsewhere.

Subregulation 3.3 inserts a new definition of "apportionment factor" which defines the factor used to determine the appropriate apportionment of charges payable by each export boning establishment and export processing establishment at items 15 and 16 of schedules 2 and 3. The subregulation also inserts a new definition of "contributing export slaughter establishment" which is used to more accurately define column 2 of item 13 of schedules 2 and 3.

Regulation 4 - New regulations 12 and 13

Subregulation 4.1 inserts the new regulations 12 and 13. New regulation 12 - Payment by export slaughter establishments - requires the registered occupier of an export slaughterhouse, co located with an export boning establishment or an export processing establishment, to notify the Secretary whether they intend to pay the charge on behalf of the other establishments located in the same premises. The new regulation 13 - Factors for calculation of charge - provides the formula used to calculate each establishment's share or "factor" of the total charge payable under items 15 and 16 of schedules 2 and 3.

Regulation 5 - Schedule 2 (Annual registration charges for meat establishments) Subregulation 5.1 reduces the annual registration charge of an export casings establishment from "$7740" to "$3870" at column 3 of item 2 of schedule 2.

Subregulation 5.2 redefines column 2 of item 3 by substituting "Independent export" for "Export".

Subregulation 5.3 reduces the annual registration charge of an export processing establishment - low volume exporters - from "$6190" to "$3095" at column 3 of item 3 of schedule 2.

Subregulation 5.4 inserts a new kind of establishment under a new item "3A - Independent export processing establishment at which an AQA arrangement is in force for all operations" and an amount of "$3095" in columns 1, 2 and 3 respectively in schedule 2.

Subregulation 5.5 redefines column 2 of item 4 by substituting "Independent export" for "Export".

Subregulation 5.6 reduces the annual registration charge of an export processing establishing from "$25735" to "$12870" at column 3 of item 4 of schedule 2.

Subregulation 5.7 reduces the annual registration charge of an independent export boning establishment without United States (US) or European Union (EU) listing from "$32170" to "$16085" at column 3 of item 5 of schedule 2.

Subregulation 5.8 reduces the annual registration charge of an Independent export boning establishment with EU listing from "$38600" to "$19300" at column 3 of item 6 of schedule 2.

Subregulation 5.9 reduces the annual registration charge of an independent boning room with US

listing from "$35385" to "$17685" at column 3 of item 7 of schedule 2.

Subregulation 5.10 reduces the annual registration charge of an independent export boning establishment with both US and EU listing from "$45050" to "$22520" at column 3 of item 8 of schedule 2.

Subregulation 5.11 inserts a reference to the new item 3A in column 3 of item 4 to reflect the introduction of a new kind of independent export processing establishment, operating on an AQA arrangement.

Regulation 6 - Schedule 2 (Annual registration charges for meat establishments)

Subregulation 6.1 applies the new definition of "Contributing export slaughter establishment" to column 2 of item 13 which reflects that the registered occupier of the slaughter establishment has agreed to pay the total registration charge for all other registered export boning or export processing establishments sharing the premises.

Subregulation 6.2 adds items 14, 15 and 16 to the schedule 2 to identify the individual charges applicable to separately registered export slaughter, export boning and export processing establishments sharing the same premises where the registered occupier of the export slaughterhouse has not agreed to pay the total registration charge for all occupiers.

Regulation 7 - Schedule 3 (Registration charges for meat establishments registered in the financial year commencing on 1 July 1993)

Subregulation 7.1 reduces the registration charge for the 6 month period, starting 1 January 1994, of an export casings establishment from "$3870" to "$1935" at column 3 of item 2 of schedule 3.

Subregulation 7.2 redefines column 2 of item 3 by substituting "Independent export" for "Export".

Subregulation 7.3 reduces the registration charge for the 6 month period, starting 1 January 1994, of an export processing establishment - low volume exporters - from "$3095" to "$1548" at column 3 of item 3 of schedule 3.

Subregulation 7.4 inserts a new kind of establishment under a new item "3A Independent export processing establishment at which an AQA arrangement is in force for all operations" and an amount of "$1548" in columns 1, 2 and 3 respectively of schedule 3.

Subregulation 7.5 redefines column 2 of item 4 by substituting "Independent export" for "Export".

Subregulation 7.6 reduces the registration charge for the 6 month period, starting 1 January 1994, of an export processing establishment from "$12870" to "$6435" at column 3 of item 4 of schedule 3.

Subregulation 7.7 reduces the registration charge for the 6 month period, starting 1 January 1994, of an independent export boning establishment without US or EU listing from "$16085" to "$8043" at column 3 of item 5 of schedule 3.

Subregulation 7.8 reduces the registration charge for the 6 month period, starting 1 January 1994, of an independent boning establishment with EU listing from "$19300" to "$9650" at column 3 of item 6 of schedule 3.

Subregulation 7.9 reduces the registration charge for the 6 month period, starting 1 January 1994, of an independent boning room with US listing "$17685" to "$8843" at column 3 of item 7 of schedule 3.

Subregulation 7.10 reduces the registration charge for the 6 month period, starting 1 January 1994, of an independent boning establishment with both US and EU listing from "$22520" to "$11260" at column 3 of item 8 of schedule 3.

Subregulation 7.11 inserts a reference to the new item 3A in column 3 of item 4 to reflect the introduction of a new kind of Independent export processing establishment operating on an AQA arrangement.

Regulation 8 - Schedule 3 (Registration charges for meat establishments registered in the financial year commencing on 1 July 1993)

Subregulation 8.1 applies the new definition of "Contributing export slaughter establishment" to column 2 of item 13 which reflects that the registered occupier of the slaughter establishment has agreed to pay the total registration charge for all other registered export boning or export processing establishments sharing the premises.

Subregulation 8.2 adds items 14, 15 and 16 to schedule 3 to identify the individual charges applicable to separately registered export slaughter, export boning and export processing establishments sharing the same premises where the registered occupier of the export slaughterhouse has not agreed to pay the total registration charge for all occupiers.