Australian Meat and Live-stock Industry Act 1997 - Declaration of Industry Marketing Body (30 June 1998)

Overview

The Australian Meat and Livestock Industry Act 1997 was enacted to address the need for reform in the structures of the red meat industry. This legislation, along with the Australian Meat and Livestock Industry (Repeals and Consequential Provisions) Act 1997, was introduced to replace three statutory bodies with a producer-owned service delivery company. This company, to be established under Corporations Law as a company limited by guarantee, would be funded partly through statutory levies on beef, sheep, and goat producers. The purpose of these Acts was to ensure that the new entity could appropriately represent the industry’s marketing, promotion, and other prescribed interests. The Acts received Royal Assent on 17 December 1997 and commenced on 1 July 1998. The explanatory statement clarifies that the Minister can declare a body to be the industry marketing body, provided it meets specific criteria, and Meat & Livestock Australia Limited was declared as such from 1 July 1998. The Industry Act also includes provisions for industry levies to be paid to the marketing body from the Consolidated Revenue Fund.

Scope and Application

The Australian Meat and Live-stock Industry Act 1997 applies to the beef, sheep, and goat producers within the Australian meat and livestock industry, establishing a producer-owned service delivery company to replace the previous statutory bodies responsible for marketing and promotion, and research and development. This legislation, together with the Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997, came into effect on 1 July 1998, with the objective of restructuring the industry. The Act allows the Minister to declare a body as the industry marketing body if it is a company limited by guarantee under the Corporations Law, adequately represents the industry's marketing, promotion, or other prescribed interests, and has consented to the declaration. This specific instrument declares Meat & Livestock Australia Limited as the industry marketing body from 1 July 1998, with Section 63 of the Industry Act facilitating certain payments in the form of industry levies to the body from the Consolidated Revenue Fund, enabling it to effectively carry out its industry functions.

Key Provisions

The Australian Meat and Livestock Industry Act 1997 (Industry Act) and the Australian Meat and Livestock Industry (Repeals and Consequential Provisions) Act 1997 (Consequentials Act) introduced significant reforms in the red meat industry, culminating in the establishment of a producer-owned service delivery company. Under section 60(1) of the Industry Act, the Minister has the authority to declare a specific body as the industry marketing body, provided it meets certain criteria. This includes being a company limited by guarantee incorporated under the Corporations Law, having an appropriate membership, and being able to represent the industry's marketing, promotion, or other prescribed interests as outlined in its memorandum and articles of association. The body must also consent to the declaration. Section 63 of the Industry Act further provides for industry levies, paid from the Consolidated Revenue Fund, to support the industry marketing body in executing its functions effectively. The obligations imposed by the Industry Act on the declared industry marketing body, in this case Meat & Livestock Australia Limited, include representing the interests of beef, sheep, and goat producers. The Act mandates that this entity must be a company limited by guarantee, partly funded by statutory levies. It also requires the body to have appropriate membership and a structure that aligns with its obligations to the industry. These obligations ensure that the industry marketing body can effectively carry out its functions as envisioned by the legislation. Breaches of the requirements set forth in the Industry Act may lead to various consequences. While the Act does not explicitly outline specific offences or penalties within the explanatory statement, it is implicit that non-compliance could result in legal actions, administrative penalties, or revocation of the body's status as the industry marketing body. The seriousness of the breach and the impact on the industry would likely influence the specific consequences imposed. The Act’s focus on ensuring proper representation and effective service delivery underscores the importance of compliance by the industry marketing body.