Australian Wool Research and Promotion Organisation Regulations (Amendment) 1994 No. 163
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 163
Issued by Authority of the Minister for Primary Industries and Energy
Australian Wool Research and Promotion Organisation Act 1993
Australian Wool Research and Promotion Organisation 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 77 of the Australian Wool Research and Promotion Organisation Act 1993
Section 9 of the Laying Chicken Levy Act 1988
Section 11 of the Meat Chicken Levy Act 1969
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 1994-95. 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 levies, the amount of each levy/payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the Regulations, which would implement the recommended rates, are to commence on 1 July 1994.
94R145
94R151
94R146
94R147
ATTACHMENT 1
EXANDIS - CONTRIBUTION RATES 1994-95
1. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION | LEVY | SPECIFIED
MAXIMUM |
Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A)) |
0.047 (cent/kg milk fat)
|
0.066
|
Laying Chicken
Levy Act 1988
(paragraph 7(b)) |
0.24 (cent/laying chicken)
|
0.25
|
Live-stock Slaughter
Levy Act 1964
(section 6) | Buffaloes 3.0 (cents/head)
Sheep 0.10 (cent/head)
Lambs 0.10 ( " )
Goats 0.10 ( " ) | nil |
Meat Chicken Levy
Act 1969
(paragraph 7(1)(b)) |
0.016 (cent/meat chicken)
|
0.05
|
Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c)) |
0.90 (cent/head)
|
1.5
|
2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION | COMMODITY | PAYMENT
$ |
Australian Meat &
Live-stock Corpn.
Act 1977
(subsection 34A(1)) |
Cattle/calves
|
278,165
|
Australian Wool
Research & Promotion
Organisation Act
1993
(section 79) |
Wool
|
151,770
|
Overview
The Australian Wool Research and Promotion Organisation Regulations (Amendment) 1994 No. 163 were enacted to amend the Australian Wool Research and Promotion Organisation Regulations in line with the recommendations of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). The amendments were necessary to prescribe the operative EXANDIS levy rates for 1994-95 as per the relevant sections of the Australian Wool Research and Promotion Organisation Act 1993, among others. The policy objective of these regulations is to ensure that the Australian meat and livestock industry contributes appropriately to the control and eradication of exotic animal diseases, as established under the Exotic Animal Disease Control Act 1989. The amendments were issued by authority of the Minister for Primary Industries and Energy, taking into consideration recommendations from EXANDIS members nominated by the National Farmers' Federation. These regulations aim to implement the recommended rates, with an effective date of 1 July 1994.
Scope and Application
The Australian Wool Research and Promotion Organisation Regulations (Amendment) 1994 No. 163 applies to the entities and industries involved in the collection and payment of the EXANDIS levy, including wool producers, livestock farmers, and poultry producers. The Act is instrumental in establishing the rates for the EXANDIS levy for the 1994-95 financial year, which is a contribution towards the control and eradication of exotic animal diseases in Australia. The Act extends its application across the Commonwealth, with specific emphasis on the agricultural sectors mentioned. The regulations amend existing levies and payments as recommended by the National Farmers' Federation and in accordance with the provisions of the relevant Acts such as the Australian Meat and Livestock Corporation Act 1977, the Australian Wool Research and Promotion Organisation Act 1993, and others. These rates are to be implemented as per the table attached to the explanatory statement, with the new rates taking effect from 1 July 1994. The application of this regulation is subject to the recommendations made by EXANDIS, ensuring that the industry's input is considered in the determination of these financial contributions.
Key Provisions
The Australian Wool Research and Promotion Organisation Regulations (Amendment) 1994 No. 163 (the "Regulations") amend the Australian Wool Research and Promotion Organisation Regulations 1992 to implement the recommended rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) levy for 1994-95, as prescribed in Section 77 of the Australian Wool Research and Promotion Organisation Act 1993 (the "Act"). Section 79 of the Act specifies a direct payment for wool producers to be made to the EXANDIS trust account, and the Regulations prescribe the amount of this payment for 1994-95. This payment is to be in addition to the levy that wool producers already pay under the Dairy Produce Levy (No. 1) Act 1986.
The Regulations impose obligations on wool producers to pay the prescribed EXANDIS contribution to the EXANDIS trust account. This contribution is calculated based on the amount of wool produced and the levy rates specified in the Regulations. The Regulations also require the Australian Wool Research and Promotion Organisation to collect the prescribed contribution from wool producers and remit it to the EXANDIS trust account. Failure to comply with these obligations may result in civil or criminal penalties.
The Regulations do not specify any offences or penalties for breach. However, the Act provides that a person who fails to make a payment to the EXANDIS trust account when required to do so by the Regulations is liable to a penalty not exceeding 50 penalty units (PU) for each day during which the failure continues. The Act also provides that a person who wilfully makes a false or misleading statement in connection with a payment to the EXANDIS trust account is liable to a penalty not exceeding 500 PU. In addition, the Act provides that a person who is convicted of an offence against the Act is liable to a fine not exceeding 5000 PU.
In summary, the Regulations amend the Australian Wool Research and Promotion Organisation Regulations 1992 to implement the recommended rates for the EXANDIS levy for 1994-95. Wool producers are required to pay the prescribed EXANDIS contribution to the EXANDIS trust account, and the Australian Wool Research and Promotion Organisation is required to collect and remit these contributions. Failure to comply with these obligations may result in civil or criminal penalties, including fines of up to 5000 PU for convictions under the Act.