Beef Production Levy Amendment Act 1997
No. 208, 1997
Beef Production Levy Amendment Act 1997
No. 208, 1997
An Act to amend the Beef Production Levy Act 1990, and for related purposes
Contents
1 Short title..................................1
2 Commencement..............................1
3 Schedule(s).................................2
Schedule 1—Amendment of the Beef Production Levy Act 1990 3
Beef Production Levy Amendment Act 1997
No. 208, 1997
An Act to amend the Beef Production Levy Act 1990, and for related purposes
[Assented to 17 December 1997]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Beef Production Levy Amendment Act 1997.
2 Commencement
This Act commences at the commencement of Part 3 of the Australian Meat and Live‑stock Industry Act 1997.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Beef Production Levy Act 1990
1 Subsection 4(1) (definition of Australian Meat and Live‑stock Corporation)
Repeal the definition.
2 Subsection 4(1)
Insert:
marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.
3 Subsection 4(1) (definition of Meat Industry Council)
Repeal the definition.
4 Subsection 4(1) (definition of Meat Research Corporation)
Repeal the definition
5 Subsection 4(1)
Insert:
research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.
6 After section 5
Insert:
5A No amount of levy payable in certain cases
(1) The regulations may provide that no amount of levy is payable by owners of cattle under this Act.
(2) Despite anything else in this Act, if a regulation of the kind referred to in subsection (1) is made, an amount of levy is not payable on the slaughter of cattle in respect of any period while the regulation is in force.
7 Paragraphs 6(1)(a), (b) and (c)
Repeal the paragraphs, substitute:
(a) the prescribed amount (not exceeding 6 cents), for the purpose of payment to the marketing body;
(b) the prescribed amount (not exceeding 1 cent), for the purpose of payment to the research body.
8 Subsections 8(2), (3) and (4)
Repeal the subsections, substitute:
(2) The Minister may, by notice in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 6(1)(a) or 6(1)(b) are to be taken into consideration under subsection (3).
(3) If a declaration is in force under subsection (2), the Governor‑General’s power to make regulations for the purposes of the paragraph to which the declaration relates is exercisable only on the advice of the Executive Council, given after the Council has taken into consideration any recommendations about the amount made to the Minister by the body specified in the declaration in relation to that paragraph.
[Minister's second reading speech made in the
House of Representatives on 1 October 1997
Senate on 29 October 1997]
(157/97)
Overview
The Beef Production Levy Amendment Act 1997 (C2004A05297) was enacted by the Parliament of Australia to amend the Beef Production Levy Act 1990. This Act aimed to address the need for updating the definitions and functions of certain bodies within the beef production levy framework. It also introduced provisions for the regulation of levy amounts and the role of marketing and research bodies. The Act came into effect at the same time as Part 3 of the Australian Meat and Livestock Industry Act 1997. The overarching policy objective was to streamline and modernise the levy system, ensuring it aligns with the broader regulatory environment for the beef industry.
Scope and Application
The Beef Production Levy Amendment Act 1997 amends the Beef Production Levy Act 1990 to reflect changes in the legislative environment concerning the Australian meat and livestock industry. This Act applies to all cattle owners within the jurisdiction of the Commonwealth of Australia and aims to adjust the levy imposed on cattle slaughter to account for new industry structures and functions as defined in the Australian Meat and Livestock Industry Act 1997. The Act repeals previous definitions of entities such as the Australian Meat and Livestock Corporation, the Meat Industry Council, and the Meat Research Corporation, instead aligning these definitions with those set out in the Australian Meat and Livestock Industry Act 1997. The Act allows for the possibility that no levy will be payable by cattle owners in certain cases, as determined by regulations. The levy amounts payable for marketing and research purposes are also prescribed, with the amounts not exceeding 6 cents and 1 cent respectively. The Act grants the Minister the authority to declare a body for considering recommendations on levy amounts, and it specifies that certain regulatory powers are exercisable only on the advice of the Executive Council, considering recommendations from the specified body.
Key Provisions
The Beef Production Levy Amendment Act 1997 (No. 208, 1997) primarily amends the Beef Production Levy Act 1990. Key sections include the repeal and substitution of definitions in section 4(1) of the original Act (Schedule 1, items 1, 3, and 4), and the introduction of a new subsection 5A which allows regulations to be made to exempt certain cattle owners from paying the levy (Schedule 1, item 6). The Act also modifies the levy amounts payable to the marketing and research bodies under section 6(1) (Schedule 1, item 7) and alters the process for determining these amounts under section 8 (Schedule 1, items 2 and 3). The Act specifies that it commences at the commencement of Part 3 of the Australian Meat and Livestock Industry Act 1997 (section 2).
The Act imposes several obligations on the parties it governs. Primarily, it requires the Minister to consider recommendations from a body declared under section 8(2) before making regulations concerning the levy amounts payable to the marketing and research bodies (Schedule 1, items 2 and 3). It also mandates that the Governor-General's power to make such regulations is exercisable only on the advice of the Executive Council, which must consider the Minister's recommendations (Schedule 1, item 3). Furthermore, the Act allows for the possibility of exempting certain cattle owners from paying the levy, contingent on the making of appropriate regulations (Schedule 1, item 6).
For breaches of the provisions in the Beef Production Levy Amendment Act 1997, the Act does not explicitly detail specific offences, penalties, or consequences. However, the penalties for breaches of the Beef Production Levy Act 1990, which the Amendment Act modifies, could still apply. Under the original Act, non-compliance with the levy requirements could result in fines and other legal consequences. The exact penalties would depend on the specific nature of the breach and the provisions of the Beef Production Levy Act 1990 as it stood prior to the amendments. The Act itself does not state any new penalties or consequences for breaches of its provisions.