Beef Production Levy Amendment Act 1995
No. 70 of 1995
An Act to amend the Beef Production Levy 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 Beef Production Levy Amendment Act 1995.
(2) In this Act, "Principal Act" means the Beef Production Levy 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 5 in the Schedule, and item 6 in the Schedule has effect according to its terms.
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SCHEDULE: Section 3
AMENDMENTS OF THE PRINCIPAL ACT
1. Subsection 4(1) (definition of "Corporation"):
Omit.
2. Subsection 4(1):
Insert:
" 'Australian Meat and Live-stock Corporation' means the Australian Meat and Live-stock Corporation continued in existence by section 53 of the Meat and Live-stock Industry Act 1995;
'Meat Industry Council' means the Meat Industry Council established by section 8 of the Meat and Live-stock Industry Act 1995;
'Meat Research Corporation' means the Meat Research Corporation continued in existence by section 166 of the Meat and Live-stock Industry Act 1995;".
3. Paragraphs 6(1)(a) and (b):
Omit, substitute:
"(a) 0.05 cent or, if another amount (not exceeding 2 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;
(b) 1.44 cents or, if another amount (not exceeding 4 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;
(c) 0.495 cents or, if another amount (not exceeding 1 cent) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.".
4. Subsection 6(4):
Omit.
5. Subsections 8(2) to (7):
Omit, substitute:
"(2) The power of the Governor-General to make regulations prescribing an amount for the purposes of subsection 6(1) is exercisable only on the advice of the Executive Council given after the Council has taken into consideration the recommendations with respect to the amount made to the Minister by the Meat Industry Council.
"(3) The Meat Industry Council must noi make a recommendation to the Minister for the purposes of subsection 6(1):
SCHEDULE—continued
(a) if a motion that the terms of the recommendation be endorsed has not been put before the last general meeting of the Australian meat and live-stock industry convened under section 22 of the Meat and Live-stock Industry Act 1995 before the making of that recommendation; or
(b) if such a motion is so put and defeated.
"(4) The Meat Industry Council must, at the time of making a recommendation of the kind referred to in subsection (3) to the Minister, give the Minister written particulars of the voting in respect of the motion that the terms of the recommendation be endorsed.".
6. Application
The amendments made by this Schedule apply in respect of the slaughter of cattle after the commencement of this Act and the Principal Act continues to apply in respect of the slaughter of cattle before that commencement.
[Minister's second reading speech made in—
House of Representatives on 7 June 1995
Senate on 20 June 1995]
Overview
The Beef Production Levy Amendment Act 1995 was enacted to amend the Beef Production Levy Act 1990, addressing specific issues within the meat and livestock industry. Enacted by the Parliament of Australia and assented to on 30 June 1995, this Act introduces amendments to the Principal Act, which primarily concerns the allocation of funds derived from the beef production levy. The policy objective behind this amendment is to ensure that the distribution of these funds is more closely aligned with the recommendations of the Meat Industry Council, thereby enhancing the governance and effectiveness of the levy system. This Act aims to update the definitions and provisions related to the levy to better reflect the current organisational structure and operational needs of the industry.
Scope and Application
The Beef Production Levy Amendment Act 1995 serves to amend the Beef Production Levy Act 1990, impacting the levy structure and the distribution of funds among specified entities involved in the beef production industry. This Act applies to all cattle slaughtered after its commencement on 1 July 1995. It primarily targets entities such as the Australian Meat and Livestock Corporation, the Meat Industry Council, and the Meat Research Corporation. The Act modifies the levy rates and specifies the distribution of the levy among these entities. The amendments outline that the Meat Industry Council must consider recommendations and voting outcomes from the Australian meat and livestock industry before making any recommendations to the Minister regarding the levy amounts. The Act's provisions are designed to ensure that the levy amounts are determined in consultation with the industry stakeholders and are subject to the Minister’s approval, thus regulating the financial flow from the levy to the specified entities involved in the beef industry.
Key Provisions
The Beef Production Levy Amendment Act 1995 (C2004A04920) amends the Beef Production Levy Act 1990, introducing changes primarily to the definitions and levies associated with beef production. Under section 3, the Principal Act is modified to update the definitions of terms such as "Australian Meat and Livestock Corporation," "Meat Industry Council," and "Meat Research Corporation" (Schedule item 2). Furthermore, the levy amounts payable to these entities are revised, with specific rates prescribed for payment to the Meat Industry Council, the Australian Meat and Livestock Corporation, and the Meat Research Corporation, which can be adjusted by regulation up to certain limits (Schedule items 3 and 5).
The Act imposes obligations on these entities to ensure compliance with the updated levy structure. Notably, the Meat Industry Council is mandated to follow a specific process before making recommendations to the Minister regarding the levy amounts (Schedule item 5). This process includes presenting a motion to the last general meeting of the Australian meat and livestock industry convened under the Meat and Livestock Industry Act 1995 and obtaining a written record of the voting outcome if a recommendation is made.
Breaches of the obligations outlined in the Act could potentially lead to civil or administrative consequences, although specific offences and penalties are not explicitly detailed within the Act itself. However, the underlying Principal Act, the Beef Production Levy Act 1990, may contain provisions that could be applicable in such cases. Given the amendments' focus on procedural and regulatory compliance, non-compliance might result in actions such as fines, corrective orders, or other administrative penalties as stipulated in the Principal Act.