Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES) REGULATIONS (AMENDMENT) 1993 NO. 377

STATUTORY RULES 1993 No. 377

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

Export Inspection (Establishment Registration Charges) Act 1985

Export Inspection (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 Charges Laws Amendment Act 1993 will commence on 1 January 1994 and amend the name of the Export Inspection (Establishment Registration Charges) Act 1985 by inserting the words "and Meat" after "Inspection".

The Export Inspection (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 Export Inspection (Establishment Registration Charges) Regulations (Amendment) is to impose establishment registration charges from 1 January 1994 on establishments registered to prepare meat for export. A charge at the half year rate is payable for the period of 6 months from 1 January 1994 to 30 June 1994. Thereafter, a charge is payable each financial year. The proposed Regulations amend the Regulations as follows:

Regulation 1 - Commencement

Regulation 1 provides for the Export Inspection (Establishment Registration Charges) Regulations (Amendment) to commence on 1 January 1994.

Regulation 2 - Amendment

Regulation 2 provides that the Regulations are amended as set out in the Export Inspection (Establishment Registration Charges) Regulations (Amendment).

Regulation 3 - Regulation 2 (Citation)

Regulation 3 amends the citation of the Regulations by omitting "Export Inspection (Establishment Registration Charges) Regulations" and inserting "Export Inspection and Meat (Establishment Registration Charges) Regulations". This amendment is consequential to the change of title of the Act under which the Regulations are made.

Regulation 4 Regulation 3 (Interpretation)

Subregulation 4.1 inserts the definitions of AQIS, boning, charge day, charge period, dressing, EU listing, export boning establishment, export casings establishment, export coldstore, export processing establishment, export slaughter establishment, independent export boning establishment, low volume exporter, meat establishment, non-meat establishment, orders, and US listing in the Regulations.

The expression "AQIS" means the operating group, known as the Australian Quarantine and Inspection Service, in the Department.

Boning and dressing are particular operations an establishment may be registered for in relation to the preparation of meat.

The expression "charge day", in relation to a meat establishment, means the first day in a charge period on which a meat establishment is registered for operations associated with the preparation of meat.

The expression "charge period", in relation to a meat establishment, means (a) the period beginning on 1 January 1994 and ending at the end of 30 June 1994; or (b) a financial year beginning after 30 June 1994; as the case requires.

A meat establishment with EU listing or US listing may prepare meat for export to the European Union or United States of America respectively.

An export boning establishment, export casings establishment, export coldstore, export processing establishment, export slaughter establishment and independent export boning establishment are different kinds of establishment registered under the Export Control Act 1982 to prepare meat for export.

The expression "low volume exporter" means an exporter who does not export more than 50 tonnes of meat or meat products in a year, and who does not export more than 2 tonnes of meat or meat products in any one week in that year.

The expression "meat establishment" means an establishment registered for any operations associated with the preparation of meat.

The expression "non-meat establishment" means an establishment registered for any operations associated with the preparation of a prescribed commodity other than meat. Paragraph (b) of the definition ensures the expressions "meat establishment" and "non-meat establishment" are mutually exclusive.

The expression "orders" means orders made under the Export Control Act 1982

Regulation 5 - Regulation 4 (Imposition of charge)

Subregulation 5.1 makes meat a prescribed commodity by inserting the word "meat" in paragraph 4(1)(1) of the Regulations.

Subregulation 5.2 omits the words "an establishment" and substitutes the words "a non-meat establishment" in subregulation 4(2) of the Regulations.

Regulation 6 - Regulation 6 (Rates of charge)

Subregulation 6.1 omits the words "an establishment" and substitutes the words "a non-meat establishment" in paragraph 6(a) of the Regulations.

Subregulation 6.2 omits the words "the Schedule" and substitutes the words "Schedule 1" in paragraph 6(a) of the Regulations.

Subregulation 6.3 omits the words "an establishment" and substitutes the words "a non-meat establishment" in paragraph 6(b) of the Regulations.

Subregulation 6.4 omits the words "the Schedule" and substitutes the words "Schedule 1" in paragraph 6(b) of the Regulations.

Subregulations 5.2, 6.1, 6.2, 6.3, 6.4 and 8.1 restrict the application of the provisions in subregulation 4(2), which relate to the imposition of establishment registration charge based on the first registration and subsequent anniversary of first registration, to non-meat establishments.

Regulation 7 - New regulations

Regulation 7 inserts new regulations 7, 8, 9, 10 and 11 in the Regulations.

Amount of charge - financial years commencing after 30 June 1994

Subregulation 7(1) provides that the amount of the annual charge is the amount specified in Schedule 2 for financial years after 1993/94 if the charge day is 1 July.

Subregulation 7(2) provides a formula for calculating the pro rata amount of the charge for the remainder of the financial year if the charge day is any day other than 1 July.

Amount of charge - financial year commencing on 1 July 1993

Subregulation 8(1) provides that the amount of the half year charge is the amount specified in Schedule 3 if the charge day is 1 January 1994.

Subregulation 8(2) provides a formula for calculating the pro rata amount of the charge for the remainder of the 1993/94 financial year if the charge day is any day other than 1 January 1994.

Establishment specified in more than one item

Subregulation 9(1) provides that a meat establishment specified in more than one item in Schedule 2 must pay the higher or highest of the establishment registration charges.

Subregulation 9(2) provides that a meat establishment specified in more than one item in Schedule 3 must pay the higher or highest of the establishment registration charges.

Reduction in charge for meat establishment previously on the anniversary system

Regulation 10 provides for a reduction of establishment registration charge imposed on 1 January 1994 and, if necessary, 1 July 1994 for meat establishments liable for establishment registration charge in 1993 under the first registration and subsequent anniversary of first registration system.

Prior to 1 January 1994 meat was not a prescribed commodity and meat establishments were not liable to establishment registration charge. The reduction in charge will benefit establishments registered in 1993 which prepared meat and other prescribed commodities for export (for example, mixed coldstores).

Export meat establishments-European Union and USA

Subregulation 11(1) provides AQIS must notify the occupier of a meat establishment accepted by a competent authority of the European Union as an establishment which may prepare meat or meat products for export to the European Union.

Subregulation 11(2) provides AQIS must notify the occupier of a meat establishment accepted by a competent authority of the United States of America as an establishment which may prepare meat or meat products for export to the United States of America.

Regulation 8 - SCHEDULE

Subregulation 8.1 amends the heading and name of the Schedule. The Schedule becomes "Schedule 1".

Subregulation 8.2 inserts item 2A in the Schedule which provides an establishment registration charge of $100 for an establishment, being a vessel, registered solely for catching, chilling and shucking abalone.

Regulation 9 - New Schedules 2 and 3

Subregulation 9.1 inserts new Schedules 2 and 3 in the Regulations.

Schedule 2 provides annual establishment registration charges for various kinds of meat establishments for financial years commencing after 30 June 1994.

Schedule 3 provides establishment registration charges for various kinds of meat establishments registered in the financial year commencing on 1 July 1993. The level of charges set out in Schedule 3 are approximately half the level of charges in Schedule 2 reflecting the operation of the regulations for 6 months in the 1993-94 financial year.