Australian Meat and Live-stock
(Quotas) Amendment Act 1995
No. 68 of 1995
An Act to amend the Australian Meat and Live-stock
(Quotas) Act 1990, and for related purposes
[Assented to 30 June 1995]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Australian Meat and Live-stock (Quotas) Amendment Act 1995.
(2) In this Act, "Principal Act" means the Australian Meat and Live-stock (Quotas) Act 1990.
Commencement
2. This Act commences, or is taken to have commenced, on 1 July 1995.
Amendments
3. The Principal Act is amended in accordance with items 1 to 12 in the Schedule, and item 13 in the Schedule has effect according to its terms.
SCHEDULE Section 3
AMENDMENTS OF THE PRINCIPAL ACT
1. Subsection 3(1) (definition of "class"):
Omit, substitute:
" 'class' has a meaning affected by subsection (3);".
2. Subsection 3(1):
Insert:
“ 'restriction' includes an economic disincentive, such as a tariff.”.
3. Subsection 3(2):
Omit, substitute:
"(2) Unless the contrary intention appears, expressions used in this Act have the same meanings as in Part 3 of the Meat and Live-stock Industry Act 1995.
"(3) For the purposes of this Act, the factors by reference to which a class of goods may be determined include, but are not limited to, the following:
(a) the quality, standard or grade of goods;
(b) the period during which the goods are to be exported;
(c) the way in which a restriction on export is to apply to goods (for example, the rate of tariff or other similar charge that is to apply to goods).”.
4. Section 4:
Omit "the Corporation" (wherever occurring), substitute "AMLC".
5. Subsection 5(1):
Omit "The Corporation", substitute "AMLC".
6. Subsection 6(1):
Omit "the Corporation", substitute "AMLC".
7. Subsection 6(2):
Omit, substitute:
"(2) AMLC may grant a quota:
(a) by allocation free of charge; or
(b) by auction, sale by tender or private sale.".
8. After section 6:
Insert:
SCHEDULE—continued
AMLC to comply with policy developed by Meat Industry Council
"6A. In the performance of its functions and the exercise of its powers under this Act, AMLC must comply with any policies formulated by the Meat Industry Council.".
9. Section 7:
(a) Omit "In relation to live sheep and lambs, the Corporation", substitute "AMLC".
(b) Omit "the Corporation" (last occurring), substitute "AMLC".
Note: The heading to section 7 is altered by omitting "Corporation" and substituting "AMLC" and by omitting "sheep and Iamb live-stock".
10. Section 8:
Repeal, substitute:
Act to have effect subject to Subdivision C of Division 2 of Part 3 of the Meat and Live-stock Industry Act 1995
"8. This Act has effect subject to Subdivision C of Division 2 of Part 3 of the Meat and Live-stock Industry Act 1995.".
11. After section 8:
Insert:
Delegation
"8A. AMLC may, by writing under its common seal, delegate all or any of its powers under this Act to a member.
Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 on delegation.".
12. Section 9:
Omit "28 December 1996", substitute "30 June 1998".
13. Saving
A quota granted under subsection 6(2) of the Australian Meat and Live-stock (Quotas) Act 1990 that was in force immediately before the commencement of this Act continues in force as if it had been granted under subsection 6(2) of that Act as amended by this Act.
[Minister's second reading speech made in—
House of Representatives on 7 June 1995
Senate on 20 June 1995]
Overview
The Australian Meat and Livestock (Quotas) Amendment Act 1995 was enacted by the Parliament of Australia to amend the Australian Meat and Livestock (Quotas) Act 1990. This Act was introduced to address issues concerning the administration and management of meat and livestock export quotas, ensuring they align with the broader meat and livestock industry policies. The policy objective behind the Act was to refine and update the regulatory framework governing export quotas, reflecting changes in market conditions and industry practices. The Act amended various provisions to enhance the flexibility and efficiency of quota allocation and to ensure that the Australian Meat and Livestock Commission (AMLC) adheres to policies developed by the Meat Industry Council. Furthermore, it extended the timeframe for certain quotas and clarified the methods by which quotas could be granted, including by auction, sale by tender, or private sale. The Act ensures that existing quotas remain in effect while updating the legislative framework to better serve the evolving needs of the industry.
Scope and Application
The Australian Meat and Live-stock (Quotas) Amendment Act 1995 amends the Australian Meat and Live-stock (Quotas) Act 1990 by introducing various modifications to the operation and administration of meat and livestock export quotas. This Act applies to the Australian Meat and Livestock Commission (AMLC) which is responsible for managing meat and livestock export quotas, and it affects the entities and individuals involved in the export of meat and livestock products. The scope of the Act is national, operating under the jurisdiction of the Commonwealth of Australia. The Act does not explicitly state exclusions or thresholds but refers to existing policies and regulations, including those outlined in the Meat and Livestock Industry Act 1995. Through subordinate instruments, the Act may extend or restrict its application by detailing specific processes for quota allocation and compliance with Meat Industry Council policies. Existing quotas granted under the previous Act remain in effect, subject to the modifications introduced by this Amendment Act.
Key Provisions
The Australian Meat and Livestock (Quotas) Amendment Act 1995 primarily modifies the Australian Meat and Livestock (Quotas) Act 1990, referred to as the Principal Act throughout the legislation. The Act introduces various amendments to definitions, authorities, and obligations concerning meat and livestock quotas and their management. For instance, section 3 amends the definition of "class" and "restriction" in the Principal Act, while section 4 and 5 replace references to "the Corporation" with "AMLC" (Australian Meat and Livestock Corporation) to reflect its new designation (sections 4 and 5). Section 6 extends the methods by which AMLC can grant quotas to include auctions, sales by tender, or private sales (section 6(2)). Furthermore, section 6A mandates that AMLC must comply with policies developed by the Meat Industry Council when exercising its powers under the Act (section 6A).
The obligations imposed by the Act on AMLC include adhering to policies formulated by the Meat Industry Council when performing its functions and exercising its powers (section 6A). The Act also requires AMLC to comply with specific provisions under the Meat and Livestock Industry Act 1995, particularly in relation to the export of meat and livestock (section 8). Additionally, AMLC is authorised to delegate its powers under the Act to a member, subject to certain conditions outlined in the Acts Interpretation Act 1901 (section 8A). The Act also stipulates that any quota granted under the Principal Act before the commencement of this amendment continues in force, as if granted under the amended Principal Act (section 13).
The Australian Meat and Livestock (Quotas) Amendment Act 1995 includes provisions for penalties and consequences related to non-compliance with the Act. However, the Act itself does not explicitly state the specific penalties or consequences for breaches. The extent of any penalties or consequences would typically be determined by the relevant provisions of the Principal Act and other related legislation. The Act's amendments focus on clarifying and updating the management and delegation of quotas, ensuring alignment with industry policies, and maintaining the continuity of existing quotas.