EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 280

 

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

 

 

Export Inspection (Establishment Registration Charges) Act 1985

 

Export Inspection (Establishment Registration Charges) Amendment Regulations 2007 (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.

Section 6 of the Act permits charges to be imposed for the registration of an establishment associated with the preparation of a prescribed commodity specified in the regulations and for the regulations to provide for exemption from charge. Section 7 of the Act provides that the rate of charge in respect of the provision of inspection services is the rate applicable under the regulations.

The Export Inspection (Establishment Registration Charges) Regulations 1985 (the Principal Regulations) are made under the Act. Regulation 4 of the Principal Regulations specifies prescribed commodities for the purposes of section 6 of the Act. Dairy products are one of the specified commodities. Regulation 5 provides for exemptions from charge. Regulations 6 and 6A impose rates of charge for the registration of certain establishments including dairy establishments.

The purpose of the Export Inspection (Establishment Registration Charges) Amendment Regulations 2007 (No. 1) (the Amendment Regulations) is to remove registration charges relating to dairy establishments to enable the placement of registration charges for these establishments in the Export Control (Fees) Orders 2001 (the Fees Orders). The Amendment Regulations also make consequential amendments and some minor technical changes.

The Principal Regulations are one of three sets of Regulations that are affected by the decision of the Dairy Export Program (the Program) of the Australian Quarantine and Inspection Service (AQIS) to remove dairy charges from the Regulations and place them in the Fees Orders. The effect of this decision is that all fees relating to milk and milk products are located in one set of legislation, making it easier for industry to access fees information. The other Regulations amended are the Export Inspection (Service Charge) Amendment Regulations 2007 (No. 1) and the Export Inspection and Meat Charges Collection Amendment Regulations 2007 (No. 1).

The Program has consulted with the Dairy Export Industry Consultative Committee (DEICC) about these changes. DEICC consists of representatives of registered establishments, exporters, State Regulatory Authorities, Dairy Australia and AQIS. DEICC has no objections to these amendments.

Details of the Amendment Regulations are set out below.

The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Amendment Regulations commence on 1 July 2008.

Regulation 1 provides that the Amendment Regulations are named the Export Inspection (Establishment Registration Charges) Amendment Regulations 2007
(No. 1).

Regulation 2 provides that the Amendment Regulations commence on 1 July 2008.

Regulation 3 provides that Schedule 1 amends the Export Inspection (Establishment Registration Charges) Regulations 1985.

Schedule 1 Amendments

Item 1 omits definitions that are no longer required as a consequence of the removal of dairy charges and of an earlier amendment that removed meat charges from the Principal Regulations.

Item 2 omits definitions that are no longer required as a consequence of the removal of dairy charges and an earlier amendment that removed meat charges from the Principal Regulations. This item also inserts a definition of “fish products establishment” to reflect the fact that as a result of the Amendment Regulations the Principal Regulations now impose charges in relation to fish products establishments only.

Item 3 updates the notes at the end of regulation 3 to reflect the fact that as a result of the Amendment Regulations the Principal Regulations now impose charges in relation to fish products establishments only.

Item 4 is a minor technical amendment to improve the expression of subregulation 4(1) by using plain English.

Item 5 removes the reference to dairy products in paragraph 4(1)(a). Paragraph 4(1)(a) specifies prescribed commodities for the purposes of subsection 6(1) of the Act to allow charges to be imposed in relation to the registration of an establishment for the preparation of dairy products. The specification of dairy products for this purpose is no longer required because charges are no longer imposed under these Regulations.

Item 6 removes subregulation 4(1B) which imposes charges in relation to the registration of an establishment for the processing, packing and storage of dairy products.

Item 7 reframes subregulation 4(2) to reflect the fact that as a result of the Amendment Regulations the Principal Regulations now impose charges in relation to fish products establishments only.

Item 8 removes subregulation 4(3) which refers to dairy establishment charges because these charges are no longer imposed under the Principal Regulations.

Item 9 replaces regulations 5, 6, 6A and 11 with new regulations 5 and 6 to remove redundant references to establishments for which charges are no longer imposed under the Principal Regulations.

Items 10 and 11 amends the heading of Schedule 1 and removes the heading to Part 1 of Schedule 1 to reflect that Schedule 1 now deals only with fish products establishments.

Item 12 removes Schedule 1A (which dealt with charges for dairy establishments) to reflect the fact that these charges are no longer imposed under the Principal Regulations.