Commonwealth Numbered Regulations - Explanatory Statements

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DOMESTIC MEAT PREMISES CHARGE REGULATIONS 1993 NO. 375

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 375

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

Domestic Meat Premises Charge Act 1993

Domestic Meat Premises Charge Regulations

Section 10 of the Domestic Meat Premises Charge Act 1993 (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 Act commences on 1 January 1994. Subsection 4(1) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make regulations, the regulations may be made before the Act comes into operation. Subsection 4(2A) of the Acts Interpretation Act 1901 provides that regulations made in these circumstances take effect on or from the date "specified" in the regulations, provided that that date is not earlier than the date on which the Act came into operation. The Domestic Meat Premises Charge Regulations (the Regulations) would commence on 1 January 1994.

The Regulations set charge rates payable by the accredited operator or owner of abattoirs, meat processing plants, knackeries and animal food processing plants inspected under the Meat Inspection Act 1983 by the Australian Quarantine and Inspection Service (AQIS).

The Regulations provide as follows:

Regulation 1 - Citation

The Regulations will be called the Domestic Meat Premises Charge Regulations.

Regulation 2 - Commencement

Regulation 2 provides for the Regulations to commence on 1 January 1994.

Regulation 3 Interpretation

Regulation 3 sets out some definitions used in the Regulations. The expression "the Act" means the Domestic Meat Premises Charge Act 1993. The expression "inspection hour", in relation to a killing or processing plant, means an hour spent by an authorised officer within the meaning of the Meat Inspection Act 1983 in providing inspection services to the plant. The expression "slaughterhouse" means an abattoir that is registered, licensed or approved as a slaughterhouse under a law of the State or Territory in which it is located.

Regulation 4 - Accredited killing or processing pant - Australian Capital Territory

Regulation 4 provides that plant specified in Schedule 1 are accredited killing or processing plant for the purposes of paragraph (b) of the definition in the Domestic Meat Premises Charge Act 1993.

Regulation 5 - Charge for a financial year beginning on or after 1 July 1994

Regulation 5 provides that the amount of charge for an accredited killing or processing plant for a financial year beginning on or after 1 July 1994 is specified in Schedule 2.

Regulation 6 - Charge for 1993/1994 financial year

Regulation 6 provides that the amount of charge for an accredited killing or processing plant for the financial year ending on 30 June 1994 is specified in Schedule 3.

Regulation 7 - Calculation of inspection hours

Regulation 7 provides a method of calculating hours of inspection services received if inspection services are allocated or provided to a killing or processing plant under Part 1A or order 6U.1 of the Meat Inspection (General) Orders on a daily, weekly, monthly or annual basis.

Schedule 1

Schedule 1 sets out the two plant in the Australian Capital Territory that are accredited killing or processing plant.

Schedule 2

Schedule 2 sets out the amount of charge for kinds of killing or processing plant for a financial year beginning on or after 1 July 1994.

Schedule 3

Schedule 3 sets out the amount of charge for kinds of killing or processing plant for the financial year ending on 30 June 1994.

The figure of 4000 hours of inspection services in items 5 and 6 of Schedules 2 and 3 represents the equivalent of inspection services received from 2 Food Standards Officers for 1 year.


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