Australian Meat and Live-stock Industry (Industry Bodies and Approved Donors) Declaration 2023

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2023L00184 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry

 

Australian Meat and Live-stock Industry Act 1997

 

Australian Meat and Live-stock Industry (Industry Bodies and Approved Donors) Declaration 2023

 

Legislative authority

 

The Australian Meat and Live-stock Industry Act 1997 (the Act) is an Act relating to the Australian meat and live-stock industry, and for related purposes.

 

Subsections 60(1), (2), (3), (3A), (3AA) and (3AB) of the Act respectively provide that the Minister may, by legislative instrument, declare a body to be the industry marketing body, the industry research body, the live-stock export marketing body, the live-stock export research body, the meat processor marketing body or the meat processor research body (declared industry bodies). Subsection 61(1) of the Act provides that the Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.

 

Purpose

 

The purpose of the Australian Meat and Live-stock Industry (Industry Bodies and Approved Donors) Declaration 2023 (the AMLI Declaration) is to declare certain bodies to be declared industry bodies or approved donors under section 60 and subsection 61(1) of the Act. This enables the authorisation for the disbursement of funds (based on amounts of levy and charge collected by the Commonwealth) to the declared industry bodies and approved donors to support a range of industry activities.

 

Background

 

The following 7 legislative instruments provide for declared industry bodies or approved donors under the Act:

 

  • Australian Meat and Live‑stock Industry (Live‑stock Export Marketing Body and Live‑stock Export Research Body) Declaration 2004;
  • Australian Meat and Live-stock Industry (Meat Processor Marketing and Research Bodies) Declaration 2007;
  • Declaration of Approved Donor made on 30 June 1998 under subsection 61(1) of the Australian Meat and Live-stock Industry Act 1997 (Federal Register of Legislation No. F2006B11743);
  • Declaration of Approved Donor made on 7 July 1998 under subsection 61(1) of the Australian Meat and Live-stock Industry Act 1997 (Federal Register of Legislation No. F2006B11745);
  • Declaration of Approved Donor made on 21 August 1998 under subsection 61(1) of the Australian Meat and Live-stock Industry Act 1997 (Federal Register of Legislation No. F2006B11747);
  • Declaration of Industry Marketing Body made on 30 June 1998 under subsection 60(1) of the Australian Meat and Live-stock Industry Act 1997 (Federal Register of Legislation No. F2006B11746);
  • Declaration of Research Body made on 30 June 1998 under subsection 60(2) of the Australian Meat and Live-stock Industry Act 1997 (Federal Register of Legislation No. F2006B11741).

 

The levies modernisation project in the Department of Agriculture, Fisheries and Forestry seeks to streamline and modernise the agricultural levies and charges legislation (levies legislation). The review of the levies legislative framework found that it is still required but that it should be streamlined and modernised to meet the needs of industry. The levies legislation consists of a number of legislative instruments, including the 7 instruments identified above.

 

The AMLI Declaration streamlines these 7 instruments into a single consolidated legislative instrument. It also addresses any uncertainty around their operation due to technical issues that may arise from their inclusion in the Legislation (Agricultural Levies Instruments) Sunset‑altering Declaration 2016. The AMLI Declaration maintains the clear intent that the relevant bodies remain as the declared industry bodies and approved donors.

 

Impact and Effect

 

The AMLI Declaration ensures that the affected bodies remain as the declared industry bodies and approved donors for the purposes of subsections 60(1), 60(2), 60(3), 60(3A), 60(3AA), 60(3AB) and 61(1) of the Act.

 

The AMLI Declaration does not declare any new bodies to be declared industry bodies or approved donors under the Act and does not change the existing status of any bodies that were specified as being declared industry bodies or approved donors under the 7 instruments identified above. The Declaration confirms the status of these bodies and provides certainty that the bodies remain in the position they were in under the 7 instruments made under the Act and continue to be declared.

 

The AMLI Declaration commences on 1 April 2020 and has retrospective effect from before its registration. This is to ensure that the relevant bodies remain as the declared industry bodies and approved donors. The Legislation Act 2003 limits the effect of a retrospective instrument to the extent that an instrument would adversely impact on persons (other than the Commonwealth) by imposing liabilities or disadvantageously affecting rights.

 

The AMLI Declaration supports the disbursement of funds to the meat industry. The retrospective application of the Declaration does not disadvantage individuals or detrimentally affect extant or former rights or liabilities accrued.

 

Consultation

 

All relevant bodies were consulted on the Declaration and were supportive of the changes. Extensive consultation has been conducted on the proposed reforms to the levies legislation since 2016, with the most recent consultations occurring in 2021 and 2022.

 

The former Office of Best Practice Regulation (OBPR) (now the Office of Impact Analysis) was consulted on the need for a Regulatory Impact Statement (RIS). The OBPR has advised that a RIS is not required (OBPR Ref: 23-04389).

 

Details/ Operation

 

Details of the Declaration are set out in Attachment A.

 

Other

 

The Declaration is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

 

The Declaration is a legislative instrument for the purposes of the Legislation Act.

 


Attachment A

 

Details of the Australian Meat and Live-stock Industry (Industry Bodies and Approved Donors) Declaration 2023

 

Part 1 – Preliminary

 

Section 1 – Name

 

This section provides that the name of this instrument is the Australian Meat and Live-stock Industry (Industry Bodies and Approved Donors) Declaration 2023 (the Declaration).

 

Section 2 – Commencement

 

Subsection 2(1) provides that the whole of the instrument is taken to have commenced on 1 April 2020.

 

The note following subsection 2(1) highlights that the table only relates to the provisions of the instrument as originally made. The table will not be amended to deal with any later amendments of the instrument.

 

Subsection 2(2) provides that any information in column 3 of the table is not part of the instrument. Information may be inserted in this column, or information in it may be edited, in any published version of the instrument. Column 3 allows for the insertion of relevant dates and details.

 

Section 3 – Authority

 

This section provides that the instrument is made under subsections 60(1), (2), (3), (3A), (3AA), (3AB) and 61(1) of the Australian Meat and Live-stock Industry Act 1997 (the Act).

 

Section 4 – Definitions

 

This section provides definitions for terms contained in the AMLI Declaration. It contains a note directing the reader to the fact that a number of expressions used in the Declaration are defined in section 3 of the Act.

 

Specifically, this section provides that, in the Declaration, the term Act means the Australian Meat and Live-stock Industry Act 1997.

 


Part 2 – Declared bodies and approved donors

 

Section 5 – Declaration of industry bodies

 

Section 60 of the Act provides that the Minister may, by legislative instrument, declare a body to be any of the following:

 

  • The industry marketing body (see subsection 60(1));
  • The industry research body (see subsection 60(2));
  • The live-stock export marketing body (see subsection 60(3));
  • The live-stock export research body (see subsection 60(3A));
  • The meat processor marketing body (see subsection 60(3AA));
  • The meat processor research body (see subsection 60(3AB)).

 

Subsections 60(3B) to (7) of the Act set out various permissions and requirements that apply to the Minister’s exercise of discretion to declare industry bodies under subsections 60(1) to (3AB).

 

Subsection 61(1) of the Act provides that the Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor. Subsection 61(2) of the Act contains other limitations on the Minister’s exercise of discretion to declare approved donors under subsection 61(1).

 

Section 5 of the AMLI Declaration is made for the purposes of section 60 of the Act, and provides for the declaration of various industry bodies and approved donors.

 

Specifically, subsection 5(1) of the AMLI Declaration provides that, for the purposes of subsections 60(1) and (2) of the Act, Meat & Livestock Australia Limited is declared to be the industry marketing body, and the industry research body.

 

Paragraph 60(3B)(a) of the Act permits the Minister to declare the same body to be both the industry marketing body and the industry research body. Consistent with the requirements in subsections 60(4) and (5) of the Act, the Minister is satisfied that:

 

  • Meat & Livestock Australia Limited is a company limited by guarantee incorporated under the Corporations Act 2001 (the Corporations Act);
  • Having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry representatives or the Minister (or both) (whether before or after the commencement of section 60 of the Act), Meat & Livestock Australia Limited can appropriately represent both: (i) the industry’s marketing, promotion or other prescribed interests; and (ii) the industry in relation to the industry’s research and development interests; and
  • Meat & Livestock Australia Limited has consented to the declaration.

 

Subsection 5(2) of the AMLI Declaration provides that, for the purposes of subsections 60(3) and (3A) of the Act, Australian Livestock Export Corporation Limited is declared to be the live-stock export marketing body, and the live-stock export research body.

 

Paragraph 60(3B)(b) of the Act permits the Minister to declare the same body to be both the live‑stock export marketing body and the live‑stock export research body. Consistent with the requirements in subsections 60(5A) and (5B) of the Act, the Minister is satisfied that:

 

  • Australian Livestock Export Corporation Limited is a company limited by guarantee incorporated under the Corporations Act; and
  • Having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry representatives or the Minister (or both) (whether before or after the commencement of section 60 of the Act), Australian Livestock Export Corporation Limited can appropriately

represent that part of the industry that relates to the export of live‑stock, in relation to:

(i)                 that part of the industry’s marketing, promotion or other prescribed interests; and

(ii)               that part of the industry’s research and development interests; and

  • Australian Livestock Export Corporation Limited has consented to the declaration.

 

Subsection 5(3) of the Declaration provides that, for the purposes of subsections 60(3AA) and (3AB) of the Act, Australian Meat Processor Corporation Limited is declared to be the meat processor marketing body, and the meat processor research body.

 

Paragraph 60(3B)(ba) of the Act permits the Minister to declare the same body to be both the meat processor marketing body and the meat processor research body. Consistent with the requirements in subsections 60(6) and (7) of the Act, the Minister is satisfied that:

 

  • Australian Meat Processor Corporation Limited is a company limited by guarantee incorporated under the Corporations Act; and
  • Having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry representatives or the Minister (or both) (whether before or after the commencement of section 60 of the Act), Australian Meat Processor Corporation Limited can appropriately represent that part of the industry that relates to the slaughter and processing of meat, in relation to: (i) that part of the industry’s marketing, promotion or other prescribed interests; and (ii) that part of the industry’s research and development interests; and
  • Australian Meat Processor Corporation Limited has consented to the declaration.

 

For completeness, the requirements in paragraphs 60(3B)(c), (ca) and (cb) of the Act are met, as Meat & Livestock Australia Limited, Australian Livestock Export Corporation Limited and Australian Meat Processor Corporation Limited are different bodies.

 

Consistent with the requirement in paragraph 60(3B)(d) of the Act, the Minister has not declared more than one industry marketing body, more than one industry research body, more than one live‑stock export marketing body, more than one live‑stock export research body, more than one meat processor marketing body or more than one meat processor research body.

 

Section 6 – Declaration of approved donors

 

Subsection 61(1) of the Act provides that the Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.

 

Section 6 of the AMLI Declaration provides for the declaration of certain bodies as approved donors.

 

Specifically, section 6 of the Declaration provides that, for the purposes of subsection 61(1) of the Act, each of Australian Meat Processor Corporation Limited, Australian Livestock Export Corporation Limited and MLA Donor Company Limited are declared to be approved donors.

 

The requirements in subsection 61(1) of the Act are met, as none of these bodies are the industry research body. Consistent with the requirements in subsection 61(2) of the Act, the Minister is satisfied that:

 

  • each of Australian Meat Processor Corporation Limited, Australian Livestock Export Corporation Limited and MLA Donor Company Limited are companies limited by guarantee incorporated under the Corporations Act; and
  • having regard to their respective membership, their respective constitution, and any undertakings they have given, or agreements or arrangements they have entered into with other industry representatives or the Minister (or both) (whether before or after the commencement of section 61), each of Australian Meat Processor Corporation Limited, Australian Livestock Export Corporation Limited and MLA Donor Company Limited can appropriately represent the industry in relation to the industry’s research and development interests; and
  • each of Australian Meat Processor Corporation Limited, Australian Livestock Export Corporation Limited and MLA Donor Company Limited have consented to the declaration.

 


ATTACHMENT B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Meat and Live-stock Industry (Industry Bodies and Approved Donors) Declaration 2023

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The purpose of the Australian Meat and Live-stock Industry (Industry Bodies and Approved Donors) Declaration 2023 (the AMLI Declaration) is to declare certain bodies to be declared industry bodies or approved donors under the Australian Meat and Live-stock Industry Act 1997 (the Act). The AMLI Declaration ensures that the relevant bodies remain as the declared industry bodies and approved donors from 1 April 2020. This maintains the clear intent that the bodies remain as the declared industry bodies and approved donors.

 

Human rights implications

 

The AMLI Declaration does not declare any new bodies to be declared industry bodies or approved donors under the Act and does not change the existing status of any bodies that were specified as being declared industry bodies or approved donors under the 7 identified instruments. The Declaration confirms the status of these bodies and provides certainty that the bodies remain in the position they were in under the 7 instruments made under the Act and continue to be declared.

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

Senator the Hon. Murray Watt

Minister for Agriculture, Fisheries and Forestry

 

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.