Australian Meat and Live-stock Corporation Regulations (Amendment) 1993 No. 25
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 25
Issued by the 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)
Section 52 of the Australian Meat and Live-stock Corporation Act 1977 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 10 of the Act provides that the Australian Meat and Live-stock Corporation (AMLC) may, for the purpose of considering any matter relating to the performance of its functions, make arrangements to consult persons and bodies representative of different sectors of the industry. Such arrangements may include the Corporation agreeing to meet travel expenses reasonably incurred by a person in connection with consultations with the AMLC. Paragraph 10(2)(b) provides that the Corporation may, subject to written guidelines given to the Corporation by the Minister, agree to meet other expenses reasonably incurred by an eligible industry body or a member of an eligible industry body in connection with consultations with the AMLC.
Subsection 5 (1) of the Act prescribes "eligible industry bodies" as meaning the Cattle Council of Australia, the Sheepmeat Council of Australia and the Australian Meat Exporter's Federal Council or a body prescribed by the regulations for the purpose of the provision in which the expression "eligible industry body" is used. In September 1989 the Meat and Allied Trades Federation of Australia and the Australian Livestock Exporter's Association were prescribed as eligible industry bodies for the above purpose.
The AMLC now wishes to have the Goat Industry Council of Australia (GICA) prescribed as an eligible industry body for the purposes of paragraph 10(2)(b). This action will formally recognise the contribution made by this industry body to the Corporation's planning exercises through the process of consultation. It will enable the Corporation to fully reimburse the GICA for expenses reasonably incurred in connection with this consultation, on the same basis as current eligible industry bodies. At present the AMLC may only reimburse GICA for travel expenses relating to meetings with the Corporation.
The proposed regulation will amend the Australian Meat and Live-stock Corporation Regulations to prescribe GICA as an eligible industry body for the purposes of paragraph 10 (2) (b) of the Act.
Overview
The Australian Meat and Live-stock Corporation Regulations (Amendment) 1993 No. 25 were issued under the authority of the Minister for Primary Industries and Energy, pursuant to Section 52 of the Australian Meat and Live-stock Corporation Act 1977. These regulations aim to address a specific gap in the existing legislative framework by amending the Australian Meat and Live-stock Corporation Regulations to formally recognise the contribution made by the Goat Industry Council of Australia (GICA) in the Corporation's consultation processes. Currently, the Australian Meat and Live-stock Corporation (AMLC) is able to reimburse GICA only for travel expenses related to meetings, but not for other expenses reasonably incurred during consultations. By amending the regulations, the Corporation will now be able to fully reimburse GICA for such expenses on the same basis as other eligible industry bodies, thereby enhancing the effectiveness of its consultation efforts and ensuring that the contributions of all industry sectors are appropriately acknowledged and supported.
Scope and Application
The Australian Meat and Livestock Corporation Regulations (Amendment) 1993 No. 25 applies to the Australian Meat and Livestock Corporation (AMLC) as established under the Australian Meat and Livestock Corporation Act 1977. This Act empowers the Governor-General to make regulations for the purposes of the Act, including the prescribing of "eligible industry bodies" that can be reimbursed for expenses incurred in consultations with the AMLC. The amendment seeks to include the Goat Industry Council of Australia (GICA) as an eligible industry body, thereby recognising its contribution to the AMLC's planning exercises and allowing for the reimbursement of expenses beyond just travel costs, in alignment with the treatment of other eligible bodies such as the Cattle Council of Australia, the Sheepmeat Council of Australia, and the Australian Meat Exporter's Federal Council. This amendment does not extend beyond the parameters set by the primary Act and the existing guidelines provided by the Minister, ensuring the Corporation adheres to its established framework.
Key Provisions
The Australian Meat and Live-stock Corporation Regulations (Amendment) 1993 No. 25, issued under the authority of the Minister for Primary Industries and Energy, amends the existing regulations to include the Goat Industry Council of Australia (GICA) as an eligible industry body under section 10(2)(b) of the Australian Meat and Live-stock Corporation Act 1977. This amendment formalises the recognition of GICA's contributions to the Corporation's planning exercises through consultations. It permits the Australian Meat and Live-stock Corporation (AMLC) to reimburse GICA for expenses reasonably incurred in connection with these consultations, aligning the treatment of GICA with other eligible industry bodies such as the Cattle Council of Australia, the Sheepmeat Council of Australia, and the Australian Meat Exporter's Federal Council.
The amendment imposes specific obligations on the AMLC to recognise GICA as an eligible industry body and to reimburse GICA for expenses incurred during consultations. This includes travel expenses and other expenses as outlined in the regulations, provided they are reasonably incurred and in accordance with written guidelines issued by the Minister. The Act and these regulations mandate that such reimbursements be made to ensure that industry bodies can effectively participate in consultations without financial barriers. This amendment ensures that GICA can contribute to the AMLC's activities in a manner similar to other recognised industry bodies.
Breaches of the provisions outlined in the Australian Meat and Live-stock Corporation Act 1977 and its regulations can result in legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, the Act generally provides for enforcement actions against entities that do not comply with the regulatory requirements. Non-compliance could potentially lead to administrative or legal proceedings, with penalties varying depending on the severity and nature of the breach. The maximum penalties for such breaches are not specified in the explanatory statement but are likely to be outlined in other sections of the Act or related legislation. It is essential for the AMLC and other entities governed by these regulations to adhere to the prescribed guidelines to avoid any legal repercussions.