Australian Meat and Live-stock Corporation Regulations (Amendment) 1993 No. 93
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 93
Issued by Authority of the Minister for Primary Industries and Energy
Australian Meat and Live-stock Corporation Act 1977
Australian Meat and Live-stock Corporation Regulations (Amendment)
Australian Wool Corporation Act 1991
Australian Wool Corporation Regulations (Amendment)
Dairy Produce Levy (No. 1) Act 1986
Dairy Produce Levy Regulations (Amendment)
Laying Chicken Levy Act 1988
Laying Chicken Levy Regulations (Amendment)
Meat Chicken Levy Act 1969
Meat Chicken Levy Regulations (Amendment)
Pig Slaughter Levy Act 1971
Pig Slaughter Levy Regulations (Amendment)
Relevant sections of the above Acts provide that the Governor-General may, make regulations for the purposes of the Acts and, in particular, provide for a levy, (or payment in the case of cattle and wool) for exotic disease purposes. Relevant sections are as follows:
Section 52 of the Australian Meat and Live-stock Corporation Act 1977
Section 94 of the Australian Wool Corporation Act 1991
Section 14 of the Dairy Produce Levy (No. 1) Act 1986
Section 9 of the Laying Chicken Levy Act 1988
Section 11 of the Meat Chicken Levy Act 1969
Section 8 of the Pig Slaughter Levy Act 1971
The Exotic Animal Disease Control Act 1989 establishes the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and provides financial assistance for purposes related to the control and eradication of exotic animal diseases.
The financial assistance is provided through a trust account which receives annual industry contributions of approximately, $750,000 with expenditure of industry contributions from the account being matched on a dollar-for-dollar basis up to a maximum of $750,000 by the Commonwealth.
It is necessary to prescribe by regulation the operative EXANDIS levy rates for 1993-94. The Acts provide that before making regulations prescribing such rates, the Governor-General shall take into consideration any recommendations made to the Minister by, those members of EXANDIS nominated by the National Farmers' Federation (NFF). These recommendations have been received.
The attached table shows the section of each Act relevant to the proposed levies, the amount of each proposed levy/payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the proposed Regulations, which would implement the recommended rates, are to commence on 1 July 1993.
93R189
93R190
93R191
93R192
93R194
93R188
ATTACHMENT
EXANDIS - PROPOSED CONTRIBUTION RATES 1993-94
1. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION
Australian Meat and Livestock Corporation Act 1977 (subsection 34A(1)) Australian Wool Corporation Act 1991 (subsection 26(1)) | COMMODITY
Cattle/calves
Wool | PAYMENT $
266,356
191,401 |
2. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION
Dairy Produce Levy (No. 1) Act 1986 (subsection 7(4A)) Laying Chicken Levy Act 1988 (paragraph 7(b)) Meat Chicken Levy Act 1969 (paragraph 7(1)(b)) Pig Slaughter Levy Act 1971 (paragraph 6(1)(c)) | PROPOSED LEVY
0.047 (cent/kg milk fat)
0.22 (cent/laying chicken)
0.018 (cent/meat chicken)
0.90 (cent/head) | SPECIFIED MAXIMUM
0.066
0.25
0.05
1.5 |
Overview
The Australian Meat and Livestock Corporation Regulations (Amendment) 1993 No. 93 were enacted by the Governor-General under the authority granted by the Australian Meat and Livestock Corporation Act 1977, among other related Acts. This legislation was introduced to address the need for updated regulations to establish the operative Exotic Animal Disease Preparedness Consultative Council (EXANDIS) levy rates for the financial year 1993-94, as recommended by EXANDIS members nominated by the National Farmers' Federation (NFF). The policy objective of these regulations is to ensure the financial preparedness for the control and eradication of exotic animal diseases, as outlined in the Exotic Animal Disease Control Act 1989. The proposed rates for each levy, as recommended by EXANDIS and specified in the relevant Acts, aim to maintain a balanced and effective contribution mechanism to the EXANDIS trust account.
Scope and Application
The Australian Meat and Livestock Corporation Regulations (Amendment) 1993 No. 93 applies to the Australian Meat and Livestock Corporation, the Australian Wool Corporation, and the entities subject to levies under the Dairy Produce Levy (No. 1) Act 1986, the Laying Chicken Levy Act 1988, the Meat Chicken Levy Act 1969, and the Pig Slaughter Levy Act 1971. These entities and the individuals involved in their operations within Australia are subject to the regulations aimed at managing exotic disease control. The amendments, which are issued by the Minister for Primary Industries and Energy under the authority of the relevant Acts, establish the rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) levies for the financial year 1993-94. These rates are based on recommendations made by the National Farmers' Federation and are designed to ensure adequate funding for the control and eradication of exotic animal diseases. The regulations, which include direct payments for cattle and wool and levies for milk, laying chickens, meat chickens, and pigs, are intended to commence on 1 July 1993, with the proposed rates outlined in the attached table.
Key Provisions
The Australian Meat and Livestock Corporation Regulations (Amendment) 1993 No. 93 primarily addresses the regulation of levies and payments for exotic disease purposes under various Acts, including the Australian Meat and Livestock Corporation Act 1977 (s 52), Australian Wool Corporation Act 1991 (s 94), Dairy Produce Levy (No. 1) Act 1986 (s 14), Laying Chicken Levy Act 1988 (s 9), Meat Chicken Levy Act 1969 (s 11), and Pig Slaughter Levy Act 1971 (s 8). These provisions allow for the implementation of specific levies or payments to fund the Exotic Animal Disease Preparedness Consultative Council (EXANDIS), established under the Exotic Animal Disease Control Act 1989. The regulations prescribe the rates for these levies and payments, based on recommendations from EXANDIS and approved by the Minister for Primary Industries and Energy.
The regulations impose obligations on relevant industry bodies to make payments or collect levies as specified in the Acts. For example, the Australian Meat and Livestock Corporation is required to pay a specific amount for cattle/calves under the Australian Meat and Livestock Corporation Act 1977 (s 34A(1)), while the Australian Wool Corporation must pay a specific amount for wool under the Australian Wool Corporation Act 1991 (s 26(1)). Similarly, levies are to be collected by the relevant authorities from producers under the Dairy Produce Levy (No. 1) Act 1986 (s 7(4A)), Laying Chicken Levy Act 1988 (s 7(b)), Meat Chicken Levy Act 1969 (s 7(1)(b)), and Pig Slaughter Levy Act 1971 (s 6(1)(c)).
Failure to comply with the prescribed rates or to remit the required levies or payments could result in legal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of statutory requirements under these Acts could lead to civil or criminal penalties. For instance, non-compliance with the levies might attract fines or other penalties as stipulated in the respective Acts, reflecting the importance of these contributions to the funding of EXANDIS and the control of exotic animal diseases.