EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 343

 

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

 

Export Inspection and Meat Charges Collection Act 1985

 

Export Inspection and Meat Charges Collection Amendment Regulations 2009 (No. 1)

 

The Export Inspection and Meat Charges Collection Act 1985 (the Collection Act) permits the collection of charges imposed by the Export Inspection (Establishment Registration Charges) Act 1985 (the Charges Act). Section 3 of the Collection Act provides that these two Acts are to be read together.

 

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 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 17 of the Collection Act provides, in part, 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.

 

The rate of charge is fixed by the Export Inspection (Establishment Registration Charges) Regulations 1985 (the Charges Regulations) and those charges are collected under the Collection Act. Section 4 of the Collection Act provides that the amounts of charge are due for payment as required by the regulations. Section 13 of the Collection Act provides that an amount of charge that is due for payment may be recovered by the Commonwealth as a debt due to the Commonwealth.

 

The Export Inspection and Meat Charges Collection Regulations 1985
(the Regulations) are made under the Collection Act and currently prescribe when charges fixed by the Charges Regulations are due for payment.

 

The Export Inspection and Meat Charges Collection Amendment Regulations 2009 (No. 1) (the Amendment Regulations) are part of a package of amendments to the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1997, Export Inspection (Quantity Charge) Regulations 1985 and the Charges Regulations. In particular, amendments have concurrently been made to the Charges Regulations setting charges for the registration of meat establishments and the registration of dairy establishments.

 

The Amendment Regulations amended the Regulations to provide when charges for the registration of dairy establishments and the registration of meat establishments are due for payment. The Amendment Regulations also removed provisions that are no longer required and made structural changes to improve readability.

 

Amendments to all the regulations were made on the same day as these Amendment Regulations.

 

Consultation with the meat export industry on these changes occurred through the Export Meat Industry Advisory Committee (EMIAC). The EMIAC is the principal advisory forum for AQIS and the meat export industry to consult on all issues arising from the management of Australia’s export strategies for meat and meat products. The membership of EMIAC comprises representatives from the following key industry sectors:

• Australian Meat Council
• National Meat Association of Australia
• Food Science Australia
• Australian Chamber of Shipping
• Refrigerated Warehouse and Transport Association of Australia
• Meat and Livestock Australia
• Australian Meat Technology
• Australian Food Council Processed Meat Industry Forum
• AQIS representatives.

 

Consultation with the dairy export industry on these changes occurred through the Dairy Exports Industry Consultative Committee (DEICC). The DEICC comprises representatives from key industry sectors and is the principal consultative forum for AQIS and the Dairy Export Industry to consult on all issues arising from the management of Australia’s export strategies for milk and milk products.

 

Consultation with the seafood export industry on these changes occurred through the Seafood Exports Consultative Committee (SECC) which comprises representatives from key industry sectors. The SECC is the principal advisory forum for AQIS and the seafood export industry to consult on all issues arising from the management of Australia’s export strategies for fish and fish products.

 

As these amendments make changes in relation to cost recovery, a Cost Recovery Impact Statement was prepared.

 

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

 

The Amendment Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Details of the Amendment Regulations are set out below.

 

Regulation 1 provides that the name of the Amendment Regulations is the Export Inspection and Meat Charges Collection Amendment Regulations 2009 (No. 1).

 

Regulation 2 provides that the Amendment Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Regulation 3 provides that Schedule 1 amends the Export Inspection and Meat Charges Collection Regulations 1985.

 

 

 

Schedule 1 – Amendments

 

Item 1 amends regulation 2 by substituting definitions for the terms ‘charge day’, ‘charge period’, ‘dairy establishment’, ‘fish establishment’ and ‘meat establishment’. The definition for ‘fish establishment’ replaces the definition for ‘fish products establishment’.

 

Paragraph (a) of the new definition of ‘charge day’ provides that if a charge is imposed under section 6 of the Domestic Meat Premises Charge Act 1993, the term ‘charge day’ has the same meaning as in that Act. Paragraph (b) of the new definition provides that if a charge is imposed under section 6 of the Export Inspection (Establishment Registration Charges) Act 1985, the term ‘charge day’ has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985. The new definition ensures that the term ‘charge day’ takes on the meaning that corresponds to the legislation that the charge is imposed under.

 

The new definition of the term ‘charge period’ provides that for a meat establishment or a dairy establishment the term ‘charge period’ has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985 (the Export Inspection Regulations). The definition clarifies the meaning of the term which is referred to in the provisions that would prescribe when a charge for meat and dairy establishments is due for payment (see item 11 below).

 

The new definition of the term ‘dairy establishment’ provides that the term has the same meaning as in the Export Inspection Regulations. This ensures consistency across the export legislation.

 

The definition of ‘fish products establishment’ is replaced with a definition for ‘fish establishment’. The term ‘fish establishment’ is defined as having the same meaning as in the Export Inspection Regulations. This ensures consistency across the export legislation. Also, the term ‘fish products establishment’ is inaccurate as charges apply to establishments that prepare both fish and fish products for export.

 

The new definition of the term ‘meat establishment’ provides that the term has the same meaning as in the Export Inspection Regulations. This ensures consistency across the export legislation. The definition also clarifies the meaning of the term ‘meat establishment’ which is referred to in the provisions that prescribe when charges for meat establishments are due for payment.

 

Item 2 amends the heading to regulation 2B by substituting the heading with ‘When charge is due for payment – various charges’. The new heading reflects the insertion of regulation 2C and regulation 2D that specifically prescribe the due date for payment of charges for meat and dairy establishments respectively. Regulation 2B provides when various charges are due for payment.

 

Item 3 amends subregulation 2B(1) by omitting the numbering (1) from the regulation. This is consequential to the omission of subregulation 2B(2) to (4) by
item 10 below. As there are no longer subregulations under regulation 6 it is not necessary to retain the numbering for subregulation (1).

 

Item 4 amends paragraph 2B(1)(a) by omitting the words ‘an establishment for operations associated with the preparation of fish or fish products’ and insert the words ‘a fish establishment’. This reflects the substitution of the definition of ‘fish products establishment’ with the definition ‘fish establishment’ (see item 1 above). The amendment does not change the effect of the paragraph but improves readability and uses a term that is used consistently across the export legislation.

 

Item 5 amends paragraph 2B(1)(b) by omitting the words ‘fish products establishment’ and inserting the words ‘fish establishment’. This reflects the substitution of the definition of ‘fish products establishment’ with the definition ‘fish establishment’ (see item 1 above). The term ‘fish products establishment’ is inaccurate as charges apply to establishments that prepare both fish and fish products for export.

 

Item 6 omits paragraph 2B(1)(f). This paragraph prescribed when a charge imposed under section 6 of the Domestic Meat Premises Charge Act 1994 for the financial year ending on 30 June 1994 was due for payment and is therefore now redundant.

 

Item 7 amends paragraph 2B(1)(g) by re-lettering the paragraph as 2B(f). This is a structural amendment that is necessary as a result of paragraph 2B(1)(f) being omitted (see item 6 above).

 

Item 8 amends subparagraph 2B(1)(g)(ii) by making a minor grammatical change that is necessary as a result of paragraphs 2B(1)(h) and 2B(1)(i) being omitted (see item 9 below). The semi colon is substituted with a full stop after the words ‘charge day’.

 

Item 9 omits paragraphs 2B(1)(h) and 2B(1)(i). Paragraph 2B(1)(h) prescribed when a charge for the registration of a meat establishment for the financial year ending on 30 June 1994 was due and therefore is now redundant. Paragraph 2B(1)(i) prescribed when a charge for the registration of a meat establishment for a financial year that commences after 30 June 1994 was due. Although paragraph 2B(1)(i) is still applicable for charges for registration of meat establishments, the provision is dated and contains a typographical error. Paragraph 2B(1)(i) is substituted in substance by the new regulation 2C (see item 11 below).

 

Item 10 omits subregulations 2B(2) to (4) so that they can be replicated in the new regulation 2F (see item 11 below). This improves readability of the Regulations.

 

Item 11 inserts after regulation 2B new regulations 2C, 2D, 2E and 2F.

 

Regulation 2C - When charge is due for payment – meat establishments

The new regulation 2C provides when charge for the registration of meat establishments is due for payment. The purpose of the regulation is set out in subregulation 2C(1).

 

Subregulation 2C(2) provides when charge for registration of a meat establishment is due if the charge day is 1 July. The charge is due for payment in equal monthly instalments covering each of the months in the charge period. Collecting the total charge for a charge period in monthly instalments allows a meat establishment to pay the registration charge correspondingly with the meat establishment’s periodic income.

 

An instalment for a month in the charge period is due for payment on the day shown on an invoice issued by AQIS. The note to subregulation 2C(2) makes it clear that an amount of charge payable in an instalment may be paid before the day on which it is due for payment.

 

Subregulation 2C(3) provides when charge for registration of a meat establishment is payable if the charge day is after 1 July. Paragraph 2C(3)(a) ensures that no charge is due for payment for the part of the charge period before the charge day.

 

Paragraph 2C(3)(c) provides that if the month in which the charge days occurs (the start month) is followed, in the charge period, by 1 or more complete months, charge is due for payment in equal monthly instalments covering each of the months in the charge period, including the start month. The charge is due for payment each month, including the start month, on the day shown on an invoice issued by AQIS.

 

Paragraph 2C(3)(d) provides that if the charge day occurs in the final month of the charge period, charge is due for payment for the part of the final month that starts on the charge day. The amount of charge due for payment is the total amount of charge for the charge period and is due for payment on the day shown on an invoice issued by AQIS.

 

The note to subregulation 2C(3) makes it clear that an amount of charge payable in an instalment may be paid before the day on which it is due for payment.

 

Regulation 2D - When charge is due for payment – dairy establishments

The new regulation 2D sets out when charge for the registration of dairy establishments is due for payment. The purpose of the regulation is set out in subregulation 2D(1).

 

Subregulation 2D(2) provides that the amount of charge for a charge period is due for payment on the day shown on an invoice issued by AQIS.

 

Provisions for the collection of charge for the registration of a dairy establishment were removed from the principal Regulations. This was consequential to amendments to the Export Inspection Regulations that removed charges for the registration of dairy establishments from those regulations and inserted those charges into the Export Control (Fees) Orders 2001. The new regulation 2D reflects the reinsertion of charges for the registration of a dairy establishment into the Export Inspection Regulations and provides when that charge is due for payment.

 

Regulation 2E - Rules about due days that can be shown on invoices

The new regulation 2E provides that for regulations 2B, 2C and 2D, the day shown on an invoice as the day on which an amount of charge is due for payment must be a day that is on or after the start of the period to which the amount of charge relates and is at least 14 days after the day of issue of the invoice. This ensures that a person who is liable to pay the amount that is due always has a reasonable amount of time to pay the amount.

 

Regulation 2F - General provisions about payment of charge

The new regulation 2F replicates exactly subregulations 2B(2) to (4). Moving subregulations 2B(2) to (4) improves the readability of the Regulations.

 

Item 12 amends paragraphs 6(7)(b), (c) and (d) by substituting the paragraphs with a new paragraph (b). The effect of this amendment is to remove paragraphs 7(b) and (d) and retain paragraph 7(c), but renumber it accordingly to paragraph 7(b). The new paragraph 7(b) will replicate exactly the substance of the old paragraph 7(c) and provides that the Secretary may remit or refund some or all of an amount of charge if the Secretary is satisfied that there are special circumstances that make it reasonable to remit some or all of the amount. This amendment does not expand the scope of the existing paragraph 7(c). It only retains and renumbers the paragraph as a consequence of removing paragraphs 7(b) and (d).

 

The removal of paragraphs 6(7)(b) and (d) reflect the changes to the structure of charge for the registration of a meat establishment in the Export Inspection Regulations. The charge for registration of meat establishments are no longer based on different items, the number of animals slaughtered or the quantity of meat presented for export inspection. Paragraphs 6(7)(b) and (d) are redundant as a result of the structural changes to the charge.