Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2003 (No. 1) 2003 No. 235
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 235
Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry
Australian Meat and Live-stock Industry Act 1997
Australian Meat and Live-stock Industry Amendment Regulations 2003 (No. 1)
Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2003 (No. 1)
Section 74 of the Australian Meat and Live-stock Industry Act 1997 (the Act) provides that the Governor-General may make regulations prescribing all matters that are required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the amending regulations is to amend the Australian Meat and Live-stock Industry Regulations 1998 and the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 by substituting references to the National Meat Association of Australia and the Australian Meat Council Ltd with references to the Australian Meat Industry Council.
The National Meat Association of Australia and the Australian Meat Council Ltd recently merged to form the Australian Meat Industry Council.
The inclusion of the Australian Meat Industry Council in regulation 4 of the Australian Meat and Live-stock Industry Regulations 1998 will mean that it will join six other industry bodies as a prescribed industry body for the purposes of section 59 of the Act. Section 59 requires that the Minister must, in exercising the powers of the Minister under Part 3 (ie sections 58 to 68) of the Act, have regard to any broad policies formulated jointly by prescribed industry bodies. The powers of the Minister under Part 3 of the Act include the power under section 60 to declare a research body (currently Meat & Livestock Australia Limited) and a marketing body (also currently Meat & Livestock Australia Limited), and the power under section 67 to impose conditions to be met by the research body in relation to the payments by the Commonwealth to that research body.
The inclusion of the Australian Meat Industry Council in regulation 5 of the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 will mean that it will join six other industry bodies as a prescribed industry body for the purposes of section 9 of the Act. Section 9 requires that the Secretary of the Department of Agriculture, Fisheries and Forestry (the Secretary) must, in exercising the powers of the Secretary under Divisions 2 and 3 of Part 2 (ie sections 10 to 33) of the Act, have regard to any broad policies formulated jointly by prescribed industry bodies. The powers of the Secretary under Divisions 2 and 3 of Part 2 of the Act include the power under section 10 to grant export licences, and the power under section 17 to make written orders and give written directions, not inconsistent with the regulations, to be complied with by the holders of export licences.
The amending regulations commence on gazettal.
Overview
The Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2003 (No. 1) were enacted to update and reflect the recent merger of the National Meat Association of Australia and the Australian Meat Council Ltd into the Australian Meat Industry Council. The Regulations were introduced by the Australian Government, with the authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry, to amend the Australian Meat and Live-stock Industry Regulations 1998 and the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998. The primary objective of these Regulations is to ensure that the newly formed Australian Meat Industry Council is appropriately recognised within the legislative framework governing the meat and livestock industry, facilitating its role as a prescribed industry body that can influence policy formulation and implementation in accordance with the Act. These Regulations were designed to address the legislative gap created by the merger, ensuring continuity and effectiveness in the regulation and oversight of the meat and livestock industry.
Scope and Application
The Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2003 (No. 1) amend the Australian Meat and Live-stock Industry Regulations 1998 and the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 to reflect the recent merger of the National Meat Association of Australia and the Australian Meat Council Ltd, forming the Australian Meat Industry Council. This amendment is significant as it updates regulatory references to align with the current industry structure, ensuring that the regulations continue to apply effectively within the meat and livestock sector. The regulations apply to the Australian Meat Industry Council, which becomes a prescribed industry body for the purposes of sections 59 and 9 of the Australian Meat and Live-stock Industry Act 1997. This means that the Council will be one of the bodies whose broad policies the Minister and the Secretary must consider when exercising certain powers under the Act, such as declaring research and marketing bodies and granting export licenses. The amendments streamline the regulatory framework to better reflect the industry's current organisation and operational realities, thereby facilitating smoother implementation and compliance within the sector.
Key Provisions
The Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2003 (No. 1) primarily revise the Australian Meat and Live-stock Industry Regulations 1998 and the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 to reflect the recent merger of the National Meat Association of Australia and the Australian Meat Council Ltd into the Australian Meat Industry Council. Under section 74 of the Australian Meat and Live-stock Industry Act 1997, these regulations are designed to update references and ensure that the Australian Meat Industry Council is properly recognised in its new capacity. Specifically, regulation 4 of the Australian Meat and Live-stock Industry Regulations 1998 now includes the Australian Meat Industry Council as one of the prescribed industry bodies under section 59 of the Act, which requires the Minister to consider broad policies formulated by these bodies when exercising certain powers. Similarly, regulation 5 of the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 now incorporates the Australian Meat Industry Council as a prescribed industry body under section 9 of the Act, requiring the Secretary to consider industry policies when granting export licences and issuing related orders and directions.
These regulations impose specific obligations on the Minister and the Secretary of the Department of Agriculture, Fisheries and Forestry. The Minister must now take into account the policies formulated by the Australian Meat Industry Council when exercising powers such as declaring research and marketing bodies and imposing conditions on research payments. Similarly, the Secretary is required to consider these policies when granting export licences and issuing written orders and directions to licence holders. This ensures that the regulatory framework continues to reflect industry consensus and policy direction.
Failure to comply with these regulations could result in legal consequences. While the specific penalties for breach are not detailed in the explanatory statement, breaches of regulations made under the Australian Meat and Live-stock Industry Act 1997 can typically result in fines or other enforcement actions as stipulated by the Act. The seriousness of the offence and the intent behind the breach will influence the severity of the penalty. For instance, wilful or negligent disregard of regulatory requirements could lead to substantial fines, impacting the operational capacity of the entities involved. Therefore, adherence to these regulations is crucial for maintaining compliance and avoiding potential legal repercussions.