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 (Live-stock Export Marketing Body and Live-stock Export Research Body) Declaration 2004
Statutory Basis
Subsections 60 (3) and (3A) of the Australian Meat and Live-stock Industry Act 1997 provides that the Minister may, in writing, declare a body to be the live-stock export research body and the live-stock export marketing body.
Purpose of the Declaration
The purpose of the Australian Meat and Live-stock Industry (Live-stock Export Marketing Body and Live-stock Export Research Body) Declaration 2004 is to declare the Australian Livestock Export Corporation Limited to be the live-stock export marketing body and the live-stock export research body from 1 January 2005.
Background to the Declaration
The “Livestock Export Review” conducted by Dr John Keniry recommended that the Australian Livestock Export Corporation Limited (LiveCorp) be responsible for research and development for the live export industry (Recommendation 2).
On 30 March 2004, the Australian Government announced its support for this recommendation as part of its response to the Keniry Review and that these new bodies would be funded by way of a compulsory Customs Charge.
To effect this change, amendments were also required to the Australian Meat and Live-stock Industry Act 1997 to allow entities to be declared the live-stock export marketing body and the live-stock export research body. These amendments received Royal Assent on 13 December 2004.
Overview
The Australian Meat and Livestock Industry (Livestock Export Marketing Body and Livestock Export Research Body) Declaration 2004 was issued under the authority of the Minister for Agriculture, Fisheries and Forestry and was enacted to address the need for a dedicated entity to oversee and advance the research and marketing aspects of the live export industry. This Declaration was made in response to the recommendations of the Livestock Export Review conducted by Dr John Keniry, which highlighted the necessity for a focused body to handle the research and development needs of the live export industry. In line with these recommendations, the Australian Livestock Export Corporation Limited (LiveCorp) was designated as both the livestock export marketing body and the livestock export research body, effective from 1 January 2005. This designation was supported by the Australian Government and necessitated amendments to the Australian Meat and Livestock Industry Act 1997, which were passed and received Royal Assent on 13 December 2004. The policy objective behind this Declaration is to enhance the efficiency and effectiveness of the live export industry through dedicated entities responsible for marketing and research.
Scope and Application
The Australian Meat and Livestock Industry (Livestock Export Marketing Body and Livestock Export Research Body) Declaration 2004 applies to the Australian Livestock Export Corporation Limited, which is declared to be both the livestock export marketing body and the livestock export research body as per the provisions of the Australian Meat and Livestock Industry Act 1997. This declaration is effective from 1 January 2005 and aligns with the recommendations of the Livestock Export Review by Dr John Keniry. The declaration is made under subsections 60(3) and (3A) of the Act, which empower the Minister to designate bodies for specific roles within the live export industry. The geographic reach of this declaration is nationwide, as the Act is a Commonwealth statute, thereby affecting the livestock export industry across Australia. There are no specific exclusions or exemptions mentioned in the text, and the declaration itself does not introduce any additional thresholds. The application of the Act may be extended or restricted through subordinate instruments, but this is not elaborated upon in the provided text.
Key Provisions
The Australian Meat and Livestock Industry (Livestock Export Marketing Body and Livestock Export Research Body) Declaration 2004 primarily serves to declare the Australian Livestock Export Corporation Limited as both the livestock export marketing body and the livestock export research body, effective from 1 January 2005. This is pursuant to sections 60(3) and 60(3A) of the Australian Meat and Livestock Industry Act 1997, which allows the Minister to make such declarations in writing. The declaration was made in response to recommendations from the Livestock Export Review conducted by Dr John Keniry, which suggested that LiveCorp should be responsible for the research and development for the live export industry.
The obligations and requirements imposed by this declaration on the Australian Livestock Export Corporation Limited are significant. As the declared livestock export marketing body, LiveCorp is tasked with promoting and marketing Australian livestock exports, ensuring that the industry operates efficiently and effectively. Additionally, as the livestock export research body, LiveCorp is responsible for conducting and funding research and development activities to improve the standards and practices of the live export industry. These roles require LiveCorp to adhere to stringent standards and practices, and to continuously improve the welfare of livestock during export. The funding for these activities is sourced from a compulsory Customs Charge, as announced by the Australian Government on 30 March 2004, following the Keniry Review recommendations.
Failure to comply with the obligations and requirements set out in the Declaration may result in civil or criminal penalties. The Act itself does not specify the exact penalties for breaches, but it is understood that non-compliance could lead to legal action. The severity of penalties would depend on the nature and extent of the breach, and could potentially include fines or other sanctions as deemed appropriate by the relevant authorities. The overarching aim of these provisions is to ensure that the livestock export industry operates within a regulatory framework that prioritises animal welfare and industry standards.