Export Inspection (Establishment Registration Charges) Amendment (Exportable Goods) Regulation 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L01117

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Export Inspection (Establishment Registration Charges) Amendment (Exportable Goods) Regulation 2014
 
Select Legislative Instrument No. 120, 2014
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 21 August 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Barnaby Joyce
Minister for Agriculture
 
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedules............................................................................................ 1
Schedule 1—Amendments                                                                                                2
Export Inspection (Establishment Registration Charges) Regulations 1985  2
 
1  Name of regulation
                   This regulation is the Export Inspection (Establishment Registration Charges) Amendment (Exportable Goods) Regulation 2014.
2  Commencement
                   This regulation commences on 1 September 2014.
3  Authority
                   This regulation is made under the Export Inspection (Establishment Registration Charges) Act 1985.
4  Schedules
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Export Inspection (Establishment Registration Charges) Regulations 1985
1  Regulation 3 (definition of calendar month)
Repeal the definition.
2  Regulation 3
Insert:
chargeable plant products means plants or plant products for which a phytosanitary certificate or any other official certificate is required by an importing country authority, but not including anything that is a horticultural product.
chargeable plant products establishment means an establishment that is registered for any operations associated with the preparation of chargeable plant products for export.
3  Regulation 3 (table item 3 of the definition of charge day)
Repeal the item.
4  Regulation 3 (definition of charge period)
Repeal the definition, substitute:
charge period means:
                     (a)  in relation to a meat establishment—a calendar month; or
                     (b)  in relation to any other kind of establishment—a financial year.
5  Regulation 3
Insert:
fresh fruit has the same meaning as in the Export Control (Plants and Plant Products) Order 2011.
fresh vegetables has the same meaning as in the Export Control (Plants and Plant Products) Order 2011.
6  Regulation 3 (definition of horticultural products)
Repeal the definition, substitute:
horticultural products means any of the following:
                     (a)  fresh fruit;
                     (b)  fresh vegetables;
                     (c)  plant nursery stock;
                     (d)  cut flowers;
                     (e)  plant tissue culture.
7  Regulation 3
Insert:
importing country authority has the same meaning as in the Export Control (Plants and Plant Products) Order 2011.
8  Regulation 3 (definition of meat)
Omit “, as applied by Part 2 of those Orders”.
9  Regulation 3 (at the end of the definition of meat establishment)
Add:
                   ; (d)  rabbit meat or rabbit meat products;
                     (e)  ratite meat or ratite meat products.
10  Regulation 3 (definition of meat product)
Omit “, as applied by Part 2 of those Orders”.
11  Regulation 3
Insert:
phytosanitary certificate has the same meaning as in the Export Control (Plants and Plant Products) Order 2011.
12  Regulation 3 (definition of prescribed day)
Repeal the definition.
13  Regulation 3
Insert:
rabbit meat has the same meaning as in the Export Control (Rabbit and Ratite Meat) Orders 1985.
rabbit meat product has the same meaning as in the Export Control (Rabbit and Ratite Meat) Orders 1985.
ratite meat has the same meaning as in the Export Control (Rabbit and Ratite Meat) Orders 1985.
ratite meat product has the same meaning as in the Export Control (Rabbit and Ratite Meat) Orders 1985.
14  Regulation 3 (note 1)
Repeal the note, substitute:
Note 1:       Exportable goods is defined in the Act. Establishment, preparation and prescribed goods are defined in the Export Inspection and Meat Charges Collection Act 1985.
15  Regulation 4
Repeal the regulation, substitute:
4  Exportable goods
                   For the definition of exportable goods in section 4 of the Act, the following goods are prescribed:
                     (a)  fish;
                     (b)  fish products;
                     (c)  milk;
                     (d)  milk products;
                     (e)  meat;
                      (f)  meat products;
                     (g)  wild game meat;
                     (h)  wild game meat products;
                      (i)  poultry meat;
                      (j)  poultry meat products;
                     (k)  rabbit meat;
                      (l)  rabbit meat products;
                    (m)  ratite meat;
                     (n)  ratite meat products;
                     (o)  grain;
                     (p)  eggs;
                     (q)  eggs products;
                      (r)  horticultural products;
                      (s)  chargeable plant products.
4A  Imposition of charges
             (1)  For subsection 6(1) of the Act, a charge is imposed for an application for the registration of any of the following for the processing, packing or storage of exportable goods:
                     (a)  a dairy establishment;
                     (b)  an egg establishment;
                     (c)  a fish establishment;
                     (d)  a meat establishment.
             (2)  For subsection 6(1) of the Act, a charge for the registration of an establishment for the processing, packing or storage of exportable goods is imposed in respect of the following periods:
                     (a)  the period commencing when the establishment is first registered and ending at the end of the charge period during which it is first registered;
                     (b)  each succeeding charge period during which the establishment is registered;
                     (c)  on the registration of the establishment for operations in addition to that or those for which the establishment is registered—the period commencing when the establishment is registered for the additional operations and ending at the end of the charge period during which it is registered for the additional operations.
16  After regulation 5
Insert:
5A  Rate of charge—application for registration
                   For section 7 of the Act, the rate of charge for an application for the registration of an establishment mentioned in subregulation 4A(1) for the processing, packing or storage of exportable goods is $600.
17  Regulation 10
Repeal the regulation, substitute:
10  Rates of charge—grain establishment
             (1)  For section 7 of the Act, this regulation sets out the rate of charge for the registration of a grain establishment for a charge period.
             (2)  For a grain establishment that loads large, unpackaged quantities of grain directly into vessels for export, the rate is $4 300.
             (3)  For any other grain establishment, the rate is $2 500.
18  At the end of regulation 12
Add:
             (4)  If more than one item in Schedule 4 applies to the horticultural products establishment, the rate of charge for the charge period is the higher, or the highest, of the rates specified in those items.
19  After regulation 12
Insert:
13  Transitional—charge for horticultural products establishment in charge period beginning 1 July 2014
Establishment registered for operations associated with plant nursery stock, cut flowers or plant tissue stock only
             (1)  Subregulation (2) applies in relation to a horticultural products establishment if, immediately before the commencement of the Export Inspection (Establishment Registration Charges) Amendment (Exportable Goods) Regulation 2014 (the amendment regulation), the establishment:
                     (a)  was registered for operations associated with the preparation of plant nursery stock, cut flowers or plant tissue culture; and
                     (b)  was not registered for operations associated with the preparation of any other horticultural products.
             (2)  The charge day for the horticultural products establishment for the charge period beginning on 1 July 2014 is 1 September 2014.
Establishment registered for operations associated with fruit or vegetables, and plant nursery stock, cut flowers or plant tissue stock
             (3)  Subregulation (4) applies in relation to a horticultural products establishment if the rate mentioned in Schedule 4 that would apply to the establishment for the charge period beginning on 1 July 2014 is higher than the rate that would have applied to the establishment for that charge period if the definition of horticultural products had not been amended by the amendment regulation.
             (4)  The rate that applies to the horticultural products establishment for the charge period beginning on 1 July 2014 is the rate that would have applied to the establishment for the charge period if the amendment mentioned in subregulation (3) had not happened.
Expiry of this regulation
             (5)  This regulation expires on 1 July 2015 as if it had been repealed by another regulation.
14  Rates of charge—chargeable plant products establishment
                   For section 7 of the Act, the rate of charge for the registration of a chargeable plant products establishment for a charge period is $2 500.