Commonwealth Numbered Regulations - Explanatory Statements
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EXPORT INSPECTION CHARGES LEGISLATION REPEAL REGULATION 2015 (SLI NO 198 OF 2015)
EXPLANATORY STATEMENT
Select Legislative Instruments No. 198, 2015
Issued by Authority of the Minister for Agriculture and Water Resources
Export Inspection and Meat Charges Collection Act 1985
Export Inspection (Establishment Registration Charges) Act 1985
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Service Charge) Act 1985
Export Inspection Charges Legislation Repeal Regulation 2015
Legislative Authority
Section 9 of the Export Inspection (Service Charge) Act 1985 provides that the Governor-General may make regulations for the purposes of imposing charges (section 6) and setting the amount of a charge (section 7) in relation to the provision of export services. Under the authority of this legislation the Governor-General has made the Export Inspection (Service Charge) Regulations 1985.
Section 10 of the Export Inspection (Quantity Charge) Act 1985, section 9 of the Export Inspection (Establishment Registration Charges) Act 1985 and section 17 of the Export Inspection and Meat Charges Collection Act 1985 all allow the Governor-General to make regulations.
Under this legislation regulations can prescribe matters required or permitted by the relevant Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the relevant Act. Under the authority of this legislation the Governor-General has made the Export Inspection (Quantity Charge) Regulations 1985, Export Inspection (Establishment Registration Charges) Regulations 1985 and the Export Inspection and Meat Charges Collection Regulations 1985 respectively.
Under Subsection 33(3) of the Acts Interpretation Act 1901 a power in an Act to make an instrument, such as a regulation, is construed as including a power to repeal any such instrument, among other things.
Purpose
The purpose of the Export Inspection Charges Legislation Repeal Regulation 2015 (the Regulation) is to repeal the following regulations in their entirety on 1 December 2015:
- Export Inspection and Meat Charges Collection Regulations 1985
- Export Inspection (Establishment Registration Charges) Regulations 1985
- Export Inspection (Quantity Charge) Regulations 1985
- Export Inspection (Service Charge) Regulations 1985.
Repealing these regulations will mean there is no duplication of charges as a result of the making of regulations under the new legislative framework comprised of the Export Charges (Collection) Act 2015, the Export Charges (Imposition--General) Act 2015 and Export Charges (Imposition--Customs) Act 2015 and the Export Charges (Imposition--Excise) Act 2015 (export charges legislation).
A regulation will be made under the Export Charges (Collection) Act 2015 prescribing details relating to the collection of charges, time for payment and an agent's liability to pay a charge. Regulations under the Export Charges (Imposition--General) Act 2015 and Export Charges (Imposition--Customs) Act 2015 will prescribe charges for services related to exports, persons liable to pay charges and exemptions from charges.
Background
The export charges legislation, which commenced in June 2015, provides the appropriate legal framework for the recovery of the Commonwealth's costs through the imposition and collection of charges, rather than fees. This legislation was needed to recover costs, through the imposition of charges, of the export certification system established by the Export Control Act 1982 and the Australian Meat and Livestock Industry Act 1997. The regulations subject to repeal only allowed for the imposition and collection of charges relating to the Export Control Act 1982.
Impact and Effect
The Regulation will repeal the existing export regulations in their entirety. The commencement date of regulations under the export charges legislation will also be 1 December 2015 to ensure there is no duplication of charges.
Consultation
The Regulation is consequential to the redesign of fees and charges being implemented. The department consulted with stakeholders during the development of the redesigned cost recovery fees and charges. This included the department working with all export-related industry consultative committees and other clients and interested stakeholders through public engagement forums. The department released draft Cost Recovery Implementation Statements (CRISs) for public comment and provided opportunity for stakeholders to provide feedback through a submissions process.
Stakeholder feedback was taken into account and the final CRISs was certified by the Secretary of the department and endorsed by the Minister for Agriculture and Water Resources. The Minister for Finance agreed to release the final CRISs which is available on the department's website.
The Regulation is compatible with 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 Attachment A.
A Regulatory Impact Statement (RIS) was completed on the department's quarantine, imported food and export certification cost recovery redesign (Office of Best Practice Regulation ID: 17726). OBPR assessed the RIS as best practice. A copy of the RIS is attached.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of the Export Inspection Charges Legislation Repeal Regulation 2015
Section 1 - Name
This section provides that the name of the Regulation is the Export Inspection Charges Legislation Repeal Regulation 2015.
Section 2 - Commencement
This section provides for the Regulation to commence on 1 December 2015.
Section 3 - Authority
This section provides for the Regulation to be made under the Export Inspection and Meat Charges Collection Act 1985, Export Inspection (Establishment Registration Charges) Act 1985, Export Inspection (Quantity Charge) Act 1985 and the Export Inspection (Service Charge) Act 1985.
Section 4 - Schedules
This section operates together with Schedule 1 of the Regulation to repeal the whole of each of the following instruments:
* Export Inspection and Meat Charges Collection Regulations 1985
* Export Inspection (Establishment Registration Charges) Regulations 1985
* Export Inspection (Quantity Charge) Regulations 1985
* Export Inspection (Service Charge) Regulations 1985
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Export Inspection Charges Legislation Repeal Regulation 2015
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 Export Inspection Charges Legislation Repeal Regulation 2015 repeals the following regulations in their entirety on 1 December 2015:
- Export Inspection and Meat Charges Collection Regulations 1985
- Export Inspection (Establishment Registration Charges) Regulations 1985
- Export Inspection (Quantity Charge) Regulations 1985
- Export Inspection (Service Charge) Regulations 1985
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
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 and Water Resources
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