In the Schedule, Part 1, after the item relating to application for registration of significant amendment to customised risk management programme, insert:

Application for limited exemption from requirement to have a risk management programme

$135 per application plus assessment charge on hourly basis after the first 60 minutes as specified in Part 2

Applicant

(2)

In the Schedule, Part 1, after the item relating to application for approval of amendment to customised quota compliance programme, insert:

Approval of premises for export requirements

$135 per application plus assessment charge on hourly basis after the first 60 minutes as specified in Part 2

Applicant

(3)

In the Schedule, Part 1, after the item relating to issue of exporter declaration, insert:

Audit of infant formula manufacturing under the Animal Products: China Overseas Market Access Requirements Notice June 2023 or any replacement notice

$295 per hour

Applicant

Amendments to Part 7 of Schedule

(4)

In the Schedule, Part 7, clause 3, definition of penal rate 0.5, replace paragraph (a) with:

(a)

if a shift starts before midnight and continues after midnight, the rate per hour of penal time worked by an employee during the period between midnight and 2 am Monday to Friday (on a day other than a statutory holiday); and

(5)

In the Schedule, Part 7, clause 3, definition of penal rate 0.5, revoke paragraph (c).

(6)

In the Schedule, Part 7, clause 3, definition of penal rate 1.0, replace paragraph (a) with:

(a)

if a shift starts before midnight and continues after midnight, the rate for every hour of penal time worked by an employee during the period between 2 am and 6 am Monday to Friday; and

(7)

In the Schedule, Part 7, clause 3, definition of penal rate 1.0, replace paragraph (d) with:

(d)

if a shift starts after midnight but before 6 am, the rate for every hour of penal time (other than the first hour) worked by an employee during the period between midnight and 6 am Monday to Friday; and

(e)

if a shift starts after midnight but before 6 am, the rate for the first hour (or part-hour) of penal time worked by an employee during a period of double time that falls between midnight at the end of Friday and midnight at the end of Sunday

(8)

In the Schedule, Part 7, clause 3, replace the definition of penal rate 2.0 with:

penal rate 2.0 means, if a shift starts after midnight, the rate for the first hour (or part-hour) of penal time worked by an employee during the period between midnight and 6 am Monday to Friday (other than a statutory holiday)

(9)

In the Schedule, Part 7, clause 3, replace the definition of penal time with:

penal time—

(a)

means hours worked by a verifier for which the verifier is entitled, by his or her contract of employment, to penal rates, being hours worked within a 40-hour week from Monday to Sunday or on a statutory holiday; but

(b)

does not include overtime, unless expressly stated otherwise in these regulations

(10)

In the Schedule, Part 7, table, item 1A, replace “$44.90” with “$51.40”.

(11)

In the Schedule, Part 7, table, replace item 1B(1)(a) with:

(a)	non-shift rates—
	per hour	$79.80
	per hour at 1½ time	$119.70
	per hour at double time	$159.60

(12)

In the Schedule, Part 7, table, replace item 1B(1)(c) with:

(c)

penal rates

the relevant rates specified in paragraphs (a) and (b), plus an additional rate of—

(i)

$39.90 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$79.80 per hour per verifier for penal time worked at penal rate 1.0

(iii)

$159.60 per hour per verifier for penal time worked at penal rate 2.0

(13)

In the Schedule, Part 7, table, item 1B(1)(d), replace “$70.30” with “$79.80”.

(14)

In the Schedule, Part 7, table, replace item 1B(2)(a) with:

(a)	non-shift rates—
	per hour	$88.10
	per hour at 1½ time	$132.10
	per hour at double time	$176.20

(15)

In the Schedule, Part 7, table, replace item 1B(2)(c) with:

(c)

penal rates

the relevant rate specified in paragraphs (a) and (b), plus an additional rate of—

(i)

$44.00 per hour per verifier for penal time worked at penal rate 0.5

(ii)

$88.10 per hour per verifier for penal time worked at penal rate 1.0

(iii)

$176.20 per hour per verifier for penal time worked at penal rate 2.0

(16)

In the Schedule, Part 7, table, item 1B(2)(d), replace “$75.10” with “$88.10”.

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 2023, amend the Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015 (the principal regulations). The principal regulations set out fees and charges for the performance or exercise of functions, powers, or duties required to be undertaken by the Ministry for Primary Industries under the Animal Products Act 1999 and associated regulations or notices in relation to dairy processing operations or premises, and the export of dairy material or dairy product.

These amendments increase certain fees and introduce new ones. Specifically, the amendments—

increase fees for verification by verifiers based in business premises:
introduce new fees for processing limited exemptions from the requirement to have a risk management programme and auditing infant formula manufacturing.

In addition, the amendments—

establish a single fee structure for approval of export premises:
align penal rates for animal product veterinary services with those set in the applicable collective agreement.

Cost recovery impact statement

The Ministry for Primary Industries produced a cost recovery impact statement on 22 March 2023 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this cost recovery impact statement can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 31 August 2023.

These regulations are administered by the Ministry for Primary Industries.

Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2023