Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION LEGISLATION AMENDMENT REGULATION 2012 (NO. 1) (SLI NO 122 OF 2012)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 122

 

Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry

 

Export Inspection (Establishment Registration Charges) Act 1985

Export Inspection and Meat Charges Collection Act 1985

 

Export Inspection Legislation Amendment Regulation 2012 (No. 1)

 

Legislative Authority

 

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

 

All costs incurred by the Commonwealth in administrative, management, monitoring and verification activities carried out to satisfy importing country requirements are recovered through establishment registration charges.

 

Section 9 of the Charges Act provides that the Governor-General may make regulations not inconsistent with the Charges Act, prescribing matters required or permitted by the Charges Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Charges Act. 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 Charges Act provides for the ability to impose charges in relation to the registration of an export establishment.

 

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 3 of the Collection Act provides that fruit and vegetables are each a prescribed commodity.  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.  Section 8 provides that the charge is payable by the person who is the registered occupier of the establishment when the amount of the charge is due for payment.  For completeness, the Charges Act is part of a legislative scheme which includes the Collection Act.

 

The Export Inspection and Meat Charges Collection Regulations 1985 (Collection Regulations) are made under the Collection Act.  The Collection Regulations currently prescribe that charges fixed by the Export Inspection (Establishment Registration Charges) Regulations 1985 (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 (Commonwealth) as a debt due to the Commonwealth.

 

The Charges Regulations specify prescribed commodities for the purposes of subsection 6(1) of the Act.

 

Purpose

 

The Regulation amends the Collection and Charges Regulations by:

 

*         inserting a definition of 'horticultural products establishment'; this allows for the imposition and collection of charges on horticultural products establishments (which are establishments associated with the preparation of fruit or vegetables for export);

*         clarifying that the charge for the registration of the horticultural products establishment is due for payment on the day shown on an invoice issued by Department of Agriculture, Fisheries and Forestry to the person who is liable to pay the charge; and

 

Consultation

 

The Department of Agriculture, Fisheries and Forestry consulted with the horticultural products export industry in the development of a new cost recovery model.

 

The Office of Best Practice Regulation was consulted in the preparation of the Regulation (Reference ID: 13667). A Cost Recovery Impact Statement has been prepared.

 

Details of the Export Inspection Legislation Amendment Regulation 2012 (No. 1)

 

Section 1 - Name of Regulation

 

The name of the Regulation is the Export Inspection Legislation Amendment Regulation 2012 (No. 1).

 

Section 2 - Commencement

 

The Regulation commences on 1 July 2012.

 

Section 3 - Amendment of Export Inspection (Establishment Registration Charges) Regulations 1985

 

Schedule 1 amends the Export Inspection (Establishment Registration Charges) Regulations 1985 (Charges Regulations).

 

Section 4 - Amendment of Export Inspection and Meat Charges Collection Regulations 1985

 

Schedule 2 amends the Export Inspection and Meat Charges Collection Regulations 1985 (Collection Regulations).

 

Schedule 1 - Amendments

 

Item 1 amends regulation 3 of the Charges Regulations by inserting definitions of 'charge day' and 'charge period' in relation to a horticultural products establishment. For ease of reference the existing definition is converting to a table format.

 

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 July 2012 if:

 

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

*         the charge related to a horticultural products establishment described in those regulations; and

*         the amount of charge related to an amount of a charge period.

 

Item 2 amends regulation 3 to include the following definitions:

 

*         'horticultural products establishment' which means an establishment that is registered for any operations associated with the preparation of horticultural products for export.

 

*         'horticultural products' which has the same meaning as fruit and vegetables within the meaning of the Export Inspection and Meat Charges Collection Act 1985.

 

Item 3 amends paragraph 4(1)(l) by including horticultural products to the list of commodities in subregulation 4(1) that are prescribed under subsection 6(1) of the Act. Item 3 also amends paragraph 4(1)(l) to correct its punctuation. The item further amends paragraph 4(1)(l) by removing the duplicated reference (k). This is a technical amendment to correct numbering in the Charges Regulations.

 

The purpose of the amendment is to extend the application of the Charges Regulations to horticultural products.

 

Item 4 amends the duplicate numbering of regulation 10 by renumbering it as regulation 11. This is a technical amendment to correct numbering in the Charges Regulations.

 

Item 5 inserts after regulation 11 a new regulation 12 relating to rates of charge for horticultural products establishments.

 

The rate of charge for a horticultural products establishment depends on the day of registration. If the establishment is registered on 1 July, a new rate of $2,844 applies (see new Schedule 4). Where the establishment is registered on a day other than 1 July, the charge is determined according to a formula which calculates the proportion of the annual rate equivalent to the number of days the establishment is registered in that financial year (see new subregulation 12(3)).

 

Subregulation 12(3) defines 'annual rate' as the rate mentioned in the new Schedule 4 that applies to the establishment and 'charging days' as is defined in regulation 3 of the Charges Regulations.

 

Item 6 inserts a new Schedule 4 after regulation 12 relating to registration charges for horticultural products establishments.

 

The new Schedule operates as follows:

*         Items 1-3 provide new kinds of establishments and new rates of charge per charge period.

 

*         Item 1 of Schedule 4 applies a new charge of $2,844 to a horticultural product establishment that falls within the first class of charges for basic markets and no additional declarations.

 

*         Item 2 of Schedule 4 applies a new charge of $5,687 to an establishment falling within the second class of charges for markets requiring additional declarations.

 

*         Item 3 of Schedule 4 applies to a third class of charges for markets which require additional declarations and impose other significant conditions on the importation of horticultural products from Australia.

 

Schedule 2 - Amendments

 

Item 1 amends regulation 2 of the Collection Regulations by omitting the definition of 'AQIS'. This reference has become obsolete. All subsequent references to 'AQIS' have also been removed from the Collection Regulations.

 

Item 2 amends regulation 2 of the Collection Regulations by substituting a definition for 'charge period'. The definition of charge period has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985. The purpose of the amendment is to ensure consistency with the Charges Regulations.

 

Item 3 amends regulation 2 by inserting a definition for horticultural products establishments.

 

Item 4 amends the duplicate regulation 2DA by renumbering it as regulation 2DB.  

 

Item 5 inserts after regulation 2DB a new regulation 2DC relating to when a charge is due for payment for horticultural products establishments.

 

The purpose of this amendment is to set out the amount of charge for a charge period which is to be due for payment on the day shown on an invoice issued by the Department of Agriculture, Fisheries and Forestry to the person who is liable to pay the charge.

 

Item 6 amends paragraph 3D(1)(h) by omitting the word AQIS. The purpose of the amendment is the same as item 1.

 

Item 7 amends regulation 7 to omit the words 'an officer of AQIS' and insert 'an SES employee or APS employee of the Department'. The purpose of the amendment is the same as item 1.

 

Item 8 amends regulations 2B, 2C, 2D, 2DA, 2DB to remove each mention of 'by AQIS'. The purpose of the amendment is the same as item 1.

 


 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Export Inspection Legislation Amendment Regulation 2012 (No. 1)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Export Inspection Legislation Amendment Regulation 2012 (No. 1) is to amend the Collection and Charges Regulations by:

 

*         inserting a definition of 'horticultural products establishment'; this allows for the imposition and collection of charges on horticultural products establishments (which are establishments associated with the preparation of fruit or vegetables for export);

*         clarifying that the charge for the registration of the horticultural products establishment is due for payment on the day shown on an invoice issued by Department of Agriculture, Fisheries and Forestry to the person who is liable to pay the charge; and

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon. Joseph William Ludwig MP, Minister for Agriculture, Fisheries and Forestry

 

 


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