Australian Meat and Live-stock Corporation Regulations (Amendment) 1994 No. 166
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 166
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)
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 77 of the Australian Wool Research and Promotion Organisation Act 1993
Section 9 of the Laying Chicken Levy Act 1988
Section 11 of the Meat Chicken Levy Act 1969
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 1994-95. 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 levies, the amount of each levy/payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the Regulations, which would implement the recommended rates, are to commence on 1 July 1994.
94R145
94R151
94R146
94R147
ATTACHMENT 1
EXANDIS - CONTRIBUTION RATES 1994-95
1. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION | LEVY | SPECIFIED
MAXIMUM |
Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A)) |
0.047 (cent/kg milk fat)
|
0.066
|
Laying Chicken
Levy Act 1988
(paragraph 7(b)) |
0.24 (cent/laying chicken)
|
0.25
|
Live-stock Slaughter
Levy Act 1964
(section 6) | Buffaloes 3.0 (cents/head)
Sheep 0.10 (cent/head)
Lambs 0.10 ( " )
Goats 0.10 ( " ) | nil |
Meat Chicken Levy
Act 1969
(paragraph 7(1)(b)) |
0.016 (cent/meat chicken)
|
0.05
|
Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c)) |
0.90 (cent/head)
|
1.5
|
2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION | COMMODITY | PAYMENT
$ |
Australian Meat &
Live-stock Corpn.
Act 1977
(subsection 34A(1)) |
Cattle/calves
|
278,165
|
Australian Wool
Research & Promotion
Organisation Act
1993
(section 79) |
Wool
|
151,770
|
Overview
The Australian Meat and Livestock Corporation Regulations (Amendment) 1994 No. 166 were enacted to align the regulatory framework with the recommendations of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) for the 1994-95 financial year. These regulations amend the Australian Meat and Livestock Corporation Act 1977, the Australian Wool Research and Promotion Organisation Act 1993, the Laying Chicken Levy Act 1988, and the Meat Chicken Levy Act 1969. The primary objective is to set the appropriate levy rates for exotic disease control as recommended by EXANDIS and endorsed by the Minister for Primary Industries and Energy. This alignment ensures that industry contributions to the EXANDIS trust account are effectively managed and matched by the Commonwealth to support disease control efforts. The regulations are designed to commence on 1 July 1994, reflecting the need for timely and precise financial arrangements to support the critical task of exotic animal disease preparedness.
Scope and Application
The Australian Meat and Livestock Corporation Regulations (Amendment) 1994 No. 166 applies to the Australian Meat and Livestock Corporation Act 1977, the Australian Wool Research and Promotion Organisation Act 1993, the Laying Chicken Levy Act 1988, and the Meat Chicken Levy Act 1969. It concerns the establishment of levy rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) for the 1994-95 financial year. These levies are intended for the control and eradication of exotic animal diseases and are applicable to various industries, including dairy, poultry, and livestock. The regulations are designed to implement the recommended rates for these levies, which were based on recommendations made by members of EXANDIS nominated by the National Farmers' Federation and consider the maximum rates specified in the relevant levy Acts. The application of these regulations is nationwide, affecting entities and industries involved in the specified commodities. The regulations do not include specific exclusions or thresholds but are subject to adjustments through subordinate instruments as needed.
Key Provisions
The Australian Meat and Livestock Corporation Regulations (Amendment) 1994 No. 166 primarily involves the prescription of levy rates for the 1994-95 financial year to fund the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). These regulations amend existing rates under various Acts, including the Australian Meat and Livestock Corporation Act 1977 (section 52), the Australian Wool Research and Promotion Organisation Act 1993 (section 77), the Laying Chicken Levy Act 1988 (section 9), and the Meat Chicken Levy Act 1969 (section 11). The amendments aim to align the rates with the recommendations made by the National Farmers' Federation (NFF) members of EXANDIS, ensuring that the required contributions for disease preparedness are appropriately sourced from the relevant industries.
The regulations impose specific obligations on the parties governed by the Acts. Firstly, they require industries such as dairy, laying chickens, livestock (including buffaloes, sheep, lambs, goats, and pigs), and meat chickens to contribute to the EXANDIS fund. For instance, dairy producers must contribute 0.047 cents per kilogram of milk fat, while laying chicken producers must contribute 0.24 cents per laying chicken. Additionally, cattle and wool producers are required to make direct payments of $278,165 and $151,770, respectively, to the Australian Meat and Livestock Corporation and the Australian Wool Research and Promotion Organisation.
Breaching these regulations can result in significant consequences. Although the specific offences and penalties are not detailed within the explanatory statement, it is implied that non-compliance with the prescribed levy rates could lead to legal ramifications. The Acts mentioned provide a framework within which penalties for non-compliance may be determined, and the regulations themselves carry the authority to enforce these contributions. Given the critical nature of the funds for disease preparedness, failure to comply could potentially result in legal action, fines, or other penalties as stipulated by the relevant Acts. The exact penalties would need to be referred to in the primary legislation for precise details.