Australian Meat and Live-Stock Corporation Regulations (Amendment)

Overview

The Australian Meat and Livestock Corporation Regulations (Amendment) 1991 No. 99 were enacted to implement the recommended levy rates for 1991-92 under various Acts, including the Australian Meat & Livestock Corporation Act 1977, the Dairy Produce Levy (No. 1) Act 1986, and the Pig Slaughter Levy Act 1971, among others. These regulations were introduced to address the need for consistent and updated levy rates to fund research, development, and the control and eradication of exotic animal diseases. The regulations were issued by the authority of the Minister of State for Primary Industries and Energy and are aimed at ensuring that the prescribed rates do not exceed those recommended by relevant bodies, thereby maintaining industry contributions and financial assistance for specified purposes. The amendments were necessary to establish the first exotic disease levy for laying chickens and to clarify certain drafting aspects of the Pig Slaughter Levy Regulations.

Scope and Application

The Australian Meat and Livestock Corporation Regulations (Amendment) 1991 No. 99, issued under the authority of the Minister of State for Primary Industries and Energy, concerns several Acts related to the imposition of levies for exotic disease purposes, the financing of research and development corporations, and marketing regulations. The regulations apply to the Australian Meat and Livestock Corporation Act 1977, the Dairy Produce Levy (No. 1) Act 1986, the Laying Chicken Levy Act 1988, the Livestock Slaughter Levy Act 1964, the Meat Chicken Levy Act 1969, the Pig Slaughter Levy Act 1971, and the Wool Marketing Act 1987. These Acts cover entities and industries involved in the meat, livestock, dairy, poultry, and wool sectors, imposing specific levies or payments to fund exotic animal disease control, research and development, and marketing activities. The regulations are applicable nationally within Australia, impacting all relevant industries and entities across the Commonwealth. The application of these regulations is not restricted by geographic boundaries within the country. The proposed amendments include levy rates for exotic disease control for the 1991-92 financial year, with consideration given to recommendations from relevant industry bodies such as the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and the Pig Research and Development Corporation (PRDC). The rates prescribed by these regulations must not exceed the maximum rates specified in the respective Acts and must reflect recommendations made by relevant industry entities. The regulations also clarify certain drafting aspects of the Pig Slaughter Levy Regulations to ensure precise and effective implementation.

Key Provisions

The Australian Meat and Livestock Corporation Regulations (Amendment) 1991 No. 99, issued under the authority of the Minister of State for Primary Industries and Energy, amends several Acts to prescribe exotic disease levy rates for the fiscal year 1991-92. These regulations are necessary to implement the recommended rates for exotic disease control and eradication, as well as for research and development purposes across various livestock sectors (section 52 of the Australian Meat & Livestock Corporation Act 1977; section 14 of the Dairy Produce Levy (No. 1) Act 1986; section 9 of the Laying Chicken Levy Act 1988; section 8 of the Livestock Slaughter Levy Act 1964; section 11 of the Meat Chicken Levy Act 1969; section 8 of the Pig Slaughter Levy Act 1971; section 127 of the Wool Marketing Act 1987). The Governor-General must consider any recommendations from the Exotic Animal Disease Preparedness Consultative Council (EXANDIS), nominated by the National Farmers' Federation (NFF), before making these regulations (section 52 of the Australian Meat & Livestock Corporation Act 1977; section 14 of the Dairy Produce Levy (No. 1) Act 1986; section 9 of the Laying Chicken Levy Act 1988; section 8 of the Livestock Slaughter Levy Act 1964; section 11 of the Meat Chicken Levy Act 1969; section 8 of the Pig Slaughter Levy Act 1971; section 127 of the Wool Marketing Act 1987). The regulations impose specific obligations on the entities governed by these Acts. For instance, the Australian Meat and Livestock Corporation must collect and remit the prescribed levies to the relevant authorities. Similarly, entities involved in the production and marketing of dairy produce, laying chickens, livestock, meat chickens, pigs, and wool are required to contribute the specified amounts as per the regulations. Additionally, the Governor-General must ensure that the rates do not exceed the last recommended amounts by EXANDIS or the Pig Research and Development Corporation (PRDC) as applicable (section 52 of the Australian Meat & Livestock Corporation Act 1977; section 14 of the Dairy Produce Levy (No. 1) Act 1986; section 9 of the Laying Chicken Levy Act 1988; section 8 of the Livestock Slaughter Levy Act 1964; section 11 of the Meat Chicken Levy Act 1969; section 8 of the Pig Slaughter Levy Act 1971; section 127 of the Wool Marketing Act 1987). Failure to comply with the provisions of these Acts and the regulations may result in civil or criminal consequences. Specifically, non-compliance with the levy requirements can lead to financial penalties. For example, under section 7(4A) of the Dairy Produce Levy (No. 1) Act 1986, the maximum penalty for non-compliance could be a fine of up to $270,355. Similarly, under section 7(b) of the Laying Chicken Levy Act 1988, the maximum penalty for non-compliance could be a fine of up to $329,625. The specific penalties and enforcement mechanisms vary by Act but generally involve fines and potential legal action against non-compliant entities.