Australian Meat and Live-Stock Corporation Regulations (Amendment)

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Australian Meat and Live-stock Corporation Regulations (Amendment) 1992 No.
141
 

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 141

Issued by Authority of the Minister of State 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)

Live-stock Slaughter Levy Act 1964

Livestock Slaughter 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 1291

Section 14 of the Dairy Produce Levy (No. 1) Act 1986

Section 8 of the Live-stock Slaughter Levy Act 1964

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 1992-93. 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 1992.

ATTACHMENT

PROPOSED CONTRIBUTION RATES 1992-93

1. EXANDIS CONTRIBUTION VIA LEVY

LEGISLATION

Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A))

Live-stock Slaughter
Levy Act 1964
(section 6)


Meat Chicken Levy
Act 1969
(paragraph 7(1)(b))

Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c))

        PROPOSED LEVY


        0.042 (cent/kg milk fat)


        Buffaloes     3.0(cent/head)        
        Sheep         0.1(   "   )
        Lambs        0.1(   "   )
        Goats         0.1(   "   )


        0.02(cent/meat chicken)



        1.0(cent/head)

SPECIFIED
MAXIMUM

0.066


Nil





0.05



1.5

2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT

LEGISLATION

Australian Meat &
Livestock Corpn.
Act 1977
(subsection 34A(1))

Australian Wool
Corporation Act
1991
(subsection 26(1))

        COMMODITY                   



        Cattle/calves



        Wool

PAYMENT
$     


254,265



204,595

 

Overview

The Australian Meat and Livestock Corporation Regulations (Amendment) 1992 No. 141 was enacted to address the need for updating the levy rates for exotic animal disease control as recommended by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). This amendment was made pursuant to the relevant sections of various Acts, including the Australian Meat and Livestock Corporation Act 1977 and the Australian Wool Corporation Act 1991, which empower the Governor-General to make regulations for the purposes of these Acts, particularly regarding levies for exotic disease control. The policy objective is to ensure that industry contributions for exotic disease preparedness are aligned with the recommendations of EXANDIS and the National Farmers' Federation (NFF), with the rates set to commence on 1 July 1992. This legislative amendment facilitates the financial preparedness and response to exotic animal diseases by setting the necessary contribution rates through the prescribed levies.

Scope and Application

The Australian Meat and Livestock Corporation Regulations (Amendment) 1992 No. 141 amends various acts including the Australian Meat and Livestock Corporation Act 1977, the Australian Wool Corporation Act 1991, the Dairy Produce Levy (No. 1) Act 1986, the Livestock Slaughter Levy Act 1964, the Meat Chicken Levy Act 1969, and the Pig Slaughter Levy Act 1971. These acts collectively address the imposition of levies for exotic disease purposes, which are intended to fund activities related to the control and eradication of exotic animal diseases. The regulations apply to entities and industries within the meat and livestock sectors, including cattle, sheep, lambs, goats, buffaloes, meat chickens, and pigs. The geographic reach of these regulations is nationwide, as they are established under Commonwealth legislation. The regulations are designed to implement the recommended rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) contribution for the financial year 1992-93, which is to commence on 1 July 1992. The amendments reflect the recommended levy rates, with consideration given to the advice from the National Farmers' Federation. The regulations also specify the maximum rates permitted under the relevant levy acts and the proposed contribution rates for each commodity.

Key Provisions

The Australian Meat and Livestock Corporation Regulations (Amendment) 1992 No. 141 introduces new rates for levies on various commodities as part of the effort to control exotic animal diseases through the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). These amendments specifically address the financial contributions for 1992-93 by altering the levy rates set out in relevant Acts (sections 52, 94, 14, 8, 11, and 8 of the respective Acts). The new rates, as recommended by the National Farmers' Federation (NFF) and considered by the Minister, are designed to fund EXANDIS's activities aimed at preventing and managing exotic animal diseases. The changes are to take effect from 1 July 1992. The legislation imposes several obligations on the parties involved. For instance, the Australian Meat and Livestock Corporation, Australian Wool Corporation, and other entities must adhere to the newly prescribed levy rates as outlined in the amendments. This includes collecting the specified levies from producers of milk, buffaloes, sheep, lambs, goats, meat chickens, and cattle, as well as wool producers. The entities must ensure that these contributions are made to the EXANDIS trust account, which will then be used for disease control and eradication efforts. The regulations require meticulous record-keeping and reporting to ensure compliance with the new rates and to maintain transparency in the financial management of the trust account. Violations of the provisions set out in these regulations can lead to significant consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of similar regulatory frameworks typically attract hefty fines or legal action. For instance, failure to comply with the prescribed levy rates could result in financial penalties, legal proceedings, or both, depending on the severity and intent of the breach. The regulations underscore the importance of adhering to the stipulated rates to support the collective efforts in disease prevention and control. The amendments also highlight the importance of industry contributions to the EXANDIS trust account. The contributions from the industry, matched dollar-for-dollar by the Commonwealth up to a maximum of $750,000, are crucial for funding the activities of EXANDIS. This collaborative funding model ensures that sufficient resources are available for the effective management and control of exotic animal diseases. The specified rates and the mechanism for contributions are integral to maintaining the financial stability and operational capacity of EXANDIS. Overall, the Australian Meat and Livestock Corporation Regulations (Amendment) 1992 No. 141, as well as the associated amendments to other Acts, are essential in updating and enforcing the financial contributions necessary for the control and eradication of exotic animal diseases. By setting new levy rates and ensuring compliance, these regulations aim to safeguard Australia's livestock industry against potential disease outbreaks.

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Animal Law
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Definitions & Interpretation
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