Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT INSPECTION (ESTABLISHMENT REGISTRATION CHARGES) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 29

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 to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 3 of the Act provides that the Export Inspection and Meat Charges Collection Act 1985 (the "Inspection Act") shall be read as one with this Act.

Section 4 of the Act states that "charge" means a charge imposed by the Act.

Section 6 of the Act provides that charges may be imposed in accordance with the regulations in relation to the registration of an establishment for operations associated with the preparation of a prescribed commodity specified in the regulations. The Act also provides that the regulations may impose charges for the registration and during the registration of the establishment or class of establishments although not for establishments that are exempt from charges under the regulations.

Section 3 of the Inspection Act defines the term "prescribed commodity" to include such commodities as dairy produce, eggs, fish and fruit and vegetable products.

Section 7 of the Act provides that the rate of charge in relation to the registration of an establishment is such rate as is applicable under the regulations.

The purpose of the Regulations is to raise the level of charges to take account of cost increases in providing the services associated with the export registration of vessels and land based establishments. The charges imposed for the registration of vessels and land based establishments, ensure that the Australian Quarantine and Inspection Service (AQIS) can continue to monitor exporter compliance with importing country requirements. The increased charges are related to establishments and vessels which process fish and fish products, and would assist AQIS in maintaining Australia's continued market access for the commodities prepared in these vessels and land based establishments.

Significant cost modelling analysis has been undertaken by AQIS in an effort to calculate the precise costs of providing registration services. A cost recovery impact statement has been endorsed by the Department of Finance and Administration in relation to the proposed fee amendments. The Seafood Exports Consultative Committee (SECC), which comprises key industry representatives, has been extensively consulted on the proposed increase in charges and the SECC has endorsed the logical and rational approach to the calculation of, and necessity for, the new charges.

Details of the Regulations are set out below.

Regulation 1 will provide that the Regulations are named the Export Inspection (Establishment Registration Charges) Amendment Regulations 2004 (No. 1).

Regulation 2 will provide that the Regulations commence on the date of their notification in the gazette.

Regulation 3 will provide that Schedule 1 of the Regulations amends the Export Inspection (Establishment Registration Charges) Regulations 1985 (the "Principal Regulations").

Schedule 1 - Amendments

Item 1 will substitute a charge of $200 for the $198 charge for the registration of an establishment for processing, packing or storage of fish or fish products in paragraph 4 (1A) (a) of the Principal Regulations.

Item 2 will substitute a charge of $200 for the $198 charge for the transfer of registration for an establishment in paragraph 4 (1A) (b) of the Principal Regulations.

Item 3 will amend Part 1 of Schedule 1 to the Principal Regulations, to introduce increased charges for both ocean going and land-based establishments, such as fishing vessels and premises used for processing and packing fish and fish products for export.