Commonwealth Numbered Regulations - Explanatory Statements

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

Export Inspection (Establishment Registration Charges) Act 1985

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

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 (the Regulations) prescribe establishment classifications and rates of charge imposed by the Act.

The purpose of the proposed Export Inspection and Meat (Establishment Registration Charges) Regulations (Amendment) is to amend the existing rates of charge for registration of export meat establishments. The amended charges reflect the agreement reached between the Government and the Meat Processing Industry on the measures for reform of the Australian Quarantine and Inspection Service (AQIS) meat inspection service, This agreement includes the charge structure to apply for 1997/98.

The fee amendments reflect the decision by the Government to provide a $3.6 million subsidy in 1997/98 to reduce the impact of full cost recovery on industry.

The Regulations are to be retrospectively applied to 1 July 1997. In retrospectively applying the amended fees, no client will be disadvantaged. Subsection 48(2) of the Acts Interpretation Act 1901 is not relevant in this case, as all of the proposed amendments either retain existing rates of charge or are reduced from those rates currently legally enforceable. Establishment registration charges are payable on a quarterly basis and invoices for the first quarter of 1997/98 are yet to be issued which will enable the reduced charges to be applied for the full financial year.

Details of the Regulations are as follows:

Regulation 1 - Commencement

Subregulation 1.1 provides that the Regulations as amended are taken to have commenced on 1 July 1997.

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 omits the definition of "apportionment factor". This definition is not required as the situation is spelt out in detail in Regulation 7.

Regulation 4 - Rates of charge meat establishments (Regulation 7)

Subregulation 4.1 replaces the existing Regulations 7 and 8. The new regulations clearly detail the rate of charge that will be applicable for an export slaughter establishment in circumstances where more than one establishment is located in one premises.

Regulation 5 - Contributing export slaughter establishment (Regulation 12) and Charge for contributing export slaughter establishment (Regulation 12A)

Subregulation 5.1 omits the existing regulation. This regulation is not required, as charges for establishments in this situation are payable under regulation 8.

Regulation 6 - Apportionment factors for calculation of charge (Regulation 13)

Subregulations 6.1 to 6.6 provide for apportionment of charges for export registered processing and boning establishment where more than one is located in the same premises. The subregulations amend references to items in the revised Schedule 2.

Regulation 7 - Schedule 2 (Registration charges-meat establishments)

Subregulation 7.1 omits Schedule 2 and substitutes an amended Schedule. The new Schedule provides for the application of the fee structure, including fee reductions, as agreed between the Government and the Meat Processing Industry.

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