Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION AND MEAT CHARGES COLLECTION AMENDMENT (MISCELLANEOUS) REGULATION 2014 (SLI NO 119 OF 2014)

EXPLANATORY STATEMENT

 

Select Legislative Instrument No. 119. 2014

 

Issued by Authority of the Minister for Agriculture

 

Export Inspection and Meat Charges Collection Act 1985

 

Export Inspection and Meat Charges Collection Amendment (Miscellaneous)
Regulation 2014

 

Legislative Authority

The Export Inspection and Meat Charges Collection Act 1985 (Collection Act) provides for the collection of charges imposed on prescribed goods by the Export Inspection (Quantity Charge) Act 1985, Export Inspection (Service Charge) Act 1985 and the Export Inspection (Establishment Registration Charges) Act 1985 (Charging Acts). These Acts form part of the export legislation framework which regulates the export of certain goods and, in particular, the conditions and restrictions on their export.

 

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.

 

The Export Inspection and Meat Charges Collection Regulations 1985 (Principal Regulations) are made under the Collection Act.  

 

Purpose

The Collection Act was recently amended by the Export Legislation Amendment Act 2014 to remove prescriptive definitions of commodities and insert a definition of 'prescribed goods' into subsection 3(1) of the Collection Act. These amendments and the amendment of references to 'prescribed commodity' in the Collection Act means that 'prescribed goods' for the purposes of the Export Control Act 1982 are prescribed goods for the purposes of the Collection Act. This removed a legal barrier that prevented the Department of Agriculture (Department) from being able to impose cost recovery equitably across commodity groups.

 

As the Charging Acts are incorporated and read as one with the Collection Act, the effect of these amendments and similar amendments to the Charging Acts means that there is greater definitional consistency across the export legislation framework. This will facilitate appropriate and equitable cost recovery for the performance of certain export services by the Department, consistent with the Australian Cost Recovery Guidelines.

 

The purpose of the Export Inspection and Meat Charges Collection Amendment (Miscellaneous) Regulation 2014 (Amendment Regulation) is to:

*         update the Principal Regulations to be consistent with recent amendments made to the Collection Act by the Export Legislation Amendment Act 2014 by updating references to 'prescribed commodity' with references to 'prescribed good';

*         fix typographical and referencing errors.

The amendments described above would ensure cost recovery undertaken by the Department in relation to chargeable plant products, horticulture and meat establishments can be undertaken in a manner consistent with that envisaged by the current Export Meat Program Cost Recovery Impact Statement, the Horticulture Export Program Cost Recovery Impact Statement and the Grain and Seed Export Program Cost Recovery Impact Statement. These cost recovery impact statements were developed in consultation with the relevant industries and are publicly available on the Department of Agriculture website.

 

Impact and Effect

The amendments are minor and technical in nature and are intended to update the Principal Regulations to be consistent with recent amendments to the Collection Act. The amendments will allow the Department to continue collecting charges on export inspection and certifications services carried out on prescribed goods in order to satisfy importing country requirements.

 

Consultation

Consultation on the amendments to the Principal Regulations was not undertaken as the amendments are minor and technical in nature and do not result in any material change or impact as they reflect current policy intent.

 

The Office of Best Practice Regulation (OBPR) has advised that a Regulation Impact Statement is not required for the Amendment Regulation (OBPR reference number 16545).

 

The Amendment Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.

 

Details/Operation

 

Section 1 - Name of Regulation

This section provides that the name of the Amendment Regulation is the Export Inspection and Meat Charges Collection Amendment (Miscellaneous) Regulation 2014.

 

Section 2 - Commencement

This section provides for the Amendment Regulation to commence on 1 September 2014.

 

Section 3 - Authority

This section provides that the Amendment Regulation is made under the Collection Act.

 

Section 4 - Schedule(s)

This section provides that the Principal Regulations are amended or repealed as specified in Schedule 1.

 

Schedule 1 - Amendments

 

Export Inspection and Meat Charges Collection Regulations 1985

 

Item 1 substitutes the definition of 'charge day' in regulation 2 of the Principal Regulations with a new definition, which provides that 'charge day' the same meaning as in the Domestic Meat Premises Charge Act 1993.

 

The purpose of this amendment is to remove redundant paragraph (b) of the existing definition which is no longer used in the Principal Regulations.

 

Item 2 substitutes the definition of 'charge period' in regulation 2 of the Principal Regulations with a new definition which provides that 'charge period' has the same meaning as in the Export Inspection (Establishment Registration Charges) Regulations 1985 (Charges Regulations).

 

The purpose of this amendment is to simplify the definition of 'charge period' in the Principal Regulations to ensure consistency with the Charges Regulations.

 

Item 3 repeals the definitions of 'dairy establishment', 'egg establishment', 'fish establishment', 'grain establishment', 'horticultural products establishment' and 'meat establishment' from regulation 2 of the Principal Regulations.

 

The purpose of this amendment is to remove references to individual types of establishments from the Principal Regulations consistent with the amendments made by items 5, 7, 8, 9 and 10 to simplify and consolidate provisions relating to collection of establishment registration charges.

 

Item 4 inserts a note at the end of regulation 2 of the Principal Regulations which provides that the term 'prescribed good' used in the Principal Regulations has the same meaning as in the Export Control Act 1982.

 

The purpose of this amendment is to aid interpretation of the Principal Regulations.

 

Item 5 repeals paragraphs 2B(a) and (b) from the Principal Regulations which relate to due dates for establishment registration charges for fish establishments.

 

The purpose of this amendment is to remove these provisions consistent with the amendments made by items 3, 7, 8, 9 and 10 to simplify and consolidate provisions relating to collection of establishment registration charges.

 

Item 6 substitutes the words 'prescribed commodity' in paragraph 2B(c) with 'prescribed goods'.

 

The purpose of this amendment is to substitute the reference to 'prescribed commodity' with 'prescribed goods', consistent with the recent amendments made to the Collection Act by the Amendment Act.

 

Item 7 repeals paragraph 2B(e) from the Principal Regulations which sets out the time at which the charge for an application for registration of an establishment must be paid.

 

The purpose of this amendment is to remove this provision consistent with the amendments made by items 3, 5, 8, 9 and 10 to simplify and consolidate provisions relating to collection of establishment registration charges.

 

Item 8 substitutes regulations 2C to 2DC with a new regulation 2C in the Principal Regulations that sets out when establishment registration charge is due for payment.

 

The purpose of this amendment is to replace existing provisions setting out when a charge is due for payment for various types of establishments with a single consolidated provision that sets out when establishment registration charge is due for payment (including applications for establishment registration charge). This amendment and the amendments made by items 3, 5, 7, 9 and 10 will simplify and consolidate provisions relating to collection of establishment registration charges.

 

Items 9 and 10 omits the references to '2B, 2C, 2D and 2DA' in regulation 2E and subregulation 2F(3) and substitutes them with references to '2B and 2C' of the Principal Regulations.

 

The purpose of these amendments is to change references in regulation 2E and subregulation 2F(3) consistent with the amendments made by items 3, 5, 7 and 8 to simplify and consolidate provisions relating to collection of establishment registration charges.

 

Item 11 replaces regulation 3 of the Principal Regulations with a new regulation 3 which specifies the information that an exporter must provide in submitting a return under section 6 of the Collection Act.

 

The purpose of this amendment is to redraft regulation 3 for clarity and substitute references to 'prescribed commodity' with references to 'prescribed goods', consistent with amendments made to the Collection Act. There is no material change to the provision.

 

Item 12 substitutes the heading of regulation 3B in the Principal Regulations with a new heading 'Signing of returns in respect of quantity charge'.

 

The purpose of this amendment is to replace the heading for consistency with the new heading of regulation 3C inserted by item 13.

 

Item 13 substitutes regulation 3C of the Principal Regulations with a new regulation which provides that an exporter has 28 days from the end of a month to submit a return made under section 6 of the Collection Act.

 

The purpose of the amendment is to redraft regulation 3C for clarity and remove subregulation 3C(2) as it will no longer be required as a result of the repeal of regulation 3D of the Principal Regulations by item 14.

 

Item 14 repeals regulation 3D of the Principal Regulations, which sets out particulars that must be included in returns provided to the Department of Agriculture by exporters submitted in respect of quantity charges imposed for dairy produce, fish, fruit, dried fruits, processed fruit, vegetables, and processed vegetables.

 

The purpose of the amendment is to repeal regulation 3D as it is redundant given quantity charge is no longer imposed under the Export Inspection (Quantity Charge) Act 1985 in respect of dairy produce, fish, fruit, dried fruits, processed fruit, vegetables and processed vegetables.

 

Item 15 replaces the word 'authorized' in regulation 4 of the Principal Regulations with the word 'authorised'.

 

The purpose of this amendment is to fix a typographical error.

 

Item 16 substitutes regulation 6 of the Principal Regulations with a new regulation specifying circumstances in which remission or refund of charge may be provided by the Secretary for an establishment registration charge, quantity charge, or service charge.

 

The purpose of this amendment is to expand the specified circumstances in which the Secretary may remit or refund charge under subsection 17(e) of the Collection Act having regard to whether full cost recovery is or is not required in a particular financial year. In determining the amount of charge to be remitted or refunded, the Secretary must take account of the amount of charge, of the kind proposed to be remitted or refunded, that the person has already paid or is liable to pay in the financial year.

 

Item 17 substitutes Schedules 1 and 2 to the Principal Regulations with new Schedules which provide the forms for appointing authorised agents and for warrants issued under the Collection Act.

 

The purpose of these amendments is to fix typographical and referencing errors in the Principal Regulations and align the wording in the Schedules to the Principal Regulation with current legislative drafting practice.

ATTACHMENT

 

Statement of Compatibility with Human Rights

 

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

 

Export Inspection and Meat Charges Collection Amendment (Miscellaneous)
Regulation 2014

 

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 Legislative Instrument amends the Export Inspection and Meat Charges Collection Regulations 1985 to:

*         be consistent with recent amendments made to the Collection Act by the Export Legislation Amendment Act 2014 by updating references to 'prescribed commodity' with references to 'prescribed good'

*         fix typographical and referencing errors.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms as the amendments are minor and technical in nature.

 

Conclusion

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

 

The Hon. Barnaby Joyce MP

Minister for Agriculture

 


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