Australian Wool Corporation Regulations (Amendment) 1992 No. 142
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 142
Issued by Authority of the Minister of State for Primary Industries and Energy Australian Meat and Live-stock Corporation Act 1977
Australian Meat and Live-stock Corporation Regulations (Amendment) Australian Wool Corporation Act 1991
Australian Wool Corporation Regulations (Amendment) Dairy Produce Levy (No. 1) Act 1986
Dairy Produce Levy Regulations (Amendment) Live-stock Slaughter Levy Act 1964
Livestock Slaughter Levy Regulations (Amendment) Meat Chicken Levy Act 1969
Meat Chicken Levy Regulations (Amendment) Pig Slaughter Levy Act 1971
Pig Slaughter Levy Regulations (Amendment)
Relevant sections of the above Acts provide that the Governor-General may make regulations for the purposes of the Acts and, in particular, provide for a levy (or payment in the case of cattle and wool) for exotic disease purposes. Relevant sections are as follows:
Section 52 of the Australian Meat and Live-stock Corporation Act 1977
Section 94 of the Australian Wool Corporation Act 1291
Section 14 of the Dairy Produce Levy (No. 1) Act 1986
Section 8 of the Live-stock Slaughter Levy Act 1964
Section 11 of the Meat Chicken Levy Act 1969
Section 8 of the Pig Slaughter Levy Act 1971
The Exotic Animal Disease Control Act 1989 establishes the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and provides financial assistance for purposes related to the control and eradication of exotic animal diseases.
The financial assistance is provided through a trust account which receives annual industry contributions of approximately $750,000 with expenditure of industry contributions from the account being matched on a dollar-for-dollar basis up to a maximum of $750,000 by the Commonwealth.
It is necessary to prescribe by regulation the operative EXANDIS levy rates for 1992-
93. The Acts provide that before making regulations prescribing such rates, the Governor-General shall take into consideration any recommendations made to the Minister by those members of EXANDIS nominated by the National Farmers' Federation (NFF). These recommendations have been received.
The attached table shows the section of each Act relevant to the proposed levies, the amount of each proposed levy payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the proposed Regulations, which would implement the recommended rates, are to commence on 1 July 1992.
ATTACHMENT
PROPOSED CONTRIBUTION RATES 1992-93
1. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION
Dairy Produce Levy (No. 1) Act 1986
(subsection 7(4A))
Live-stock Slaughter Levy Act 1964 (section 6)
Meat Chicken Levy Act 1969
(paragraph 7(1)(b))
Pig Slaughter Levy Act 1971
(paragraph 6(1)(c))
PROPOSED LEVY
0.042 (cent/kg milk fat)
Buffaloes 3.0(cent/head) Sheep 0.1( " )
Lambs 0.1( " )
Goats 0.1( " ) 0.02(cent/meat chicken)
1.0(cent/head)
SPECIFIED MAXIMUM
0.066
Nil
0.05
1.5
2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION
Australian Meat & Livestock Corpn. Act 1977
(subsection 34A(1))
Australian Wool Corporation Act 1991
(subsection 26(1))
COMMODITY
Cattle/calves
Wool
PAYMENT
$ 254,265
204,595
Overview
The Australian Wool Corporation Regulations (Amendment) 1992 No. 142 were enacted to address the need for updated and specific rates for contributions towards the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) for the financial year 1992-93. The regulations were made under the authority of the Minister of State for Primary Industries and Energy, as provided by relevant sections of the Australian Wool Corporation Act 1991 and other related Acts, which allow for the establishment of levies for exotic disease control. These amendments reflect the recommendations made by the members of EXANDIS, nominated by the National Farmers' Federation, and aim to align the financial contributions with the required budget for disease control activities. The policy objective is to ensure that the necessary funds are available for the control and eradication of exotic animal diseases through industry contributions and Commonwealth matching funds.
Scope and Application
The Australian Wool Corporation Regulations (Amendment) 1992 No. 142 applies to the Australian Wool Corporation and specifically pertains to the implementation of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) contribution via levy for the 1992-93 financial year. The Act amends the Australian Wool Corporation Act 1991 to incorporate the recommended levy rates for sheep and goats as proposed by EXANDIS, which are to be considered by the Minister for Primary Industries and Energy before any regulations are made. The levy is designed to contribute to the control and eradication of exotic animal diseases and is levied on the sale of sheep and goat wool. The rates for the proposed levies are detailed in the attached table, with the levies for sheep and goats set at 0.1 cent per kilogram of milk fat and 0.1 cent per head respectively. These regulations, along with those for other levies under related Acts, are to commence on 1 July 1992. The scope of the Act is national, extending across the Commonwealth of Australia, and it does not explicitly state any exclusions or exemptions, though the application of the levies is subject to the recommendations of EXANDIS and the subsequent approval of the Governor-General.
Key Provisions
The main operative sections of the Australian Wool Corporation Regulations (Amendment) 1992 No. 142 pertain to the prescription of levy rates for the 1992-93 financial year, as authorised under Section 94 of the Australian Wool Corporation Act 1991 (paragraphs 1 and 2). These regulations implement the recommended rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) levy, which are to commence on 1 July 1992. The prescribed rates are informed by recommendations made by members of EXANDIS, who were nominated by the National Farmers' Federation (NFF), as required by the relevant Acts.
The obligations and requirements imposed by these regulations on the parties governed by the Australian Wool Corporation Act 1991 are primarily financial. They necessitate the contribution of specified amounts towards the EXANDIS levy, which is intended to fund the control and eradication of exotic animal diseases. The regulations also stipulate that the contribution rates should be matched dollar-for-dollar by the Commonwealth up to a maximum of $750,000. The regulated entities must ensure that these contributions are made in accordance with the prescribed rates and within the stipulated timeframe.
Breaches of these regulations, particularly in failing to comply with the prescribed contribution rates, could lead to civil or criminal consequences. Although the explanatory statement does not detail specific penalties, it is reasonable to infer that non-compliance with financial obligations set forth by statute could result in legal action. The relevant Acts, such as the Australian Wool Corporation Act 1991, typically include provisions for penalties, which may include fines or other civil remedies. The severity of these penalties would depend on the nature and extent of the breach, as well as any relevant case law or statutory guidelines.