Cattle Export Charges Regulations (Amendment) 1996 No. 248
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 248
Issued by the Authority of the Minister for Primary Industries and Energy
Cattle Export Charges Act 1990
Cattle Export Charges Regulations (Amendment)
The Cattle Export Charges Act 1990 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.
The Act provides for the imposition of charges on the export from Australia of cattle, other than dairy cattle, covering separately export if the cattle transaction levy under the Cattle Transaction Levy Act 1995 has not been paid, and is not payable, as well as situations where the cattle have been purchased and held by the exporter prior to export for a period longer than specified by the Act.
There are currently five charges components of the Act funding the Meat Industry Council, the Meat Research Corporation, the Australian Meat and Live-stock Corporation, the National Cattle Disease Eradication Trust Account and the Australian Animal Health Council Limited (AAHC). The rate payable to the National Cattle Disease Eradication Trust Account and the AAHC for chargeable exports (per head of cattle) can be prescribed by regulations.
The AAHC component of the charge was recently inserted into the Act by separate legislation and applies to adult cattle and bobby calf exports.
The Cattle Council of Australia (CCA) is recognised as the peak industry body representing cattle producers, the principal levy payers. These regulations implement a CCA request to decrease the National Cattle Disease Eradication Trust Account component on adult cattle exports by 5 cents and for the AAHC component to apply only to adult cattle exports. This will achieve a nil impact on the total amount of charge paid by producers at the time of the application of the AAHC charge.
The purpose of the National Cattle Disease Eradication Trust Account is to receive the disease eradication component. of cattle industry levies and charges collected by the Commonwealth and to make payments associated with the eradication of any disease in cattle that is endemic in Australia.
The AAHC was established in January 1996 to be Australia's peak animal health body, providing the point of reference for strategic policy development and national program funding for animal health matters requiring a response at a national level. The Commonwealth, State/Territory Governments collectively, and the national councils of the livestock based industries (including the CCA) each provide funding for the AAHC.
Levies specified in the Cattle Transaction Levy Act 1995 which are associated with both of these export charges have also been amended by regulation.
Details of the regulations are:
Regulation 1 provides for a commencement date of 1 December 1996.
Regulation 2 provides for the Cattle Export Charges Regulations to be amended by the Cattle Export Charges Regulations (Amendment).
Regulation l prescribes in sub-clause 3.1, for the purposes of subparagraph 6A(1)(d)(v) of the Act, the rate of charge for payment to the National Cattle Disease Eradication Trust Account to be 25 cents (replacing the previous rate of 30 cents), and in sub-clause 3.2, for the purposes of paragraph 6A(3)(d) of the Act, the rate of charge for payment to the National Cattle Disease Eradication Trust Account to be 25 cents (replacing the previous rate of 30 cents).
Regulation 4 is a new regulation, prescribing in sub-clause 4.1, for the purposes of paragraph 6A(2)(f) of the Act, the rate of charge for payment to the Australian Animal Health Council Limited to be 0 cents (replacing the previous rate of 5 cents).
Overview
The Cattle Export Charges Regulations (Amendment) 1996 No. 248 was enacted to amend the existing Cattle Export Charges Regulations under the authority of the Minister for Primary Industries and Energy. The original Cattle Export Charges Act 1990 was designed to impose charges on the export of cattle from Australia, excluding dairy cattle, where specific conditions such as non-payment of the cattle transaction levy under the Cattle Transaction Levy Act 1995 or holding the cattle for longer than specified periods apply. The Act originally provided for five charge components funding various entities, including the Meat Industry Council, the Meat Research Corporation, the Australian Meat and Livestock Corporation, the National Cattle Disease Eradication Trust Account, and the Australian Animal Health Council Limited (AAHC). The purpose of these amendments was to address a request by the Cattle Council of Australia to adjust the charge rates, specifically reducing the National Cattle Disease Eradication Trust Account component by 5 cents and limiting the AAHC charge to adult cattle exports only. This change aimed to ensure that the total charge paid by producers remained unaffected while implementing these adjustments.
Scope and Application
The Cattle Export Charges Act 1990 applies to the export of cattle from Australia, excluding dairy cattle, and regulates the imposition of charges for such exports. This Act pertains to entities and individuals involved in the export of cattle, specifically those who have purchased and held the cattle for a period exceeding what is specified by the Act, or those whose exports have not settled the cattle transaction levy under the Cattle Transaction Levy Act 1995. The Act operates on a national level across Australia, as it is a Commonwealth Act. The Act's scope can be extended through subordinate instruments, which, in this case, are the Cattle Export Charges Regulations (Amendment) 1996 No. 248. These regulations specifically adjust the rates of charge payable to the National Cattle Disease Eradication Trust Account and the Australian Animal Health Council Limited, as well as altering the levies associated with these export charges. Notably, these regulations do not apply to dairy cattle exports or any transactions that have already settled the cattle transaction levy.
Key Provisions
The Cattle Export Charges Regulations (Amendment) 1996 No. 248 (the Amendment) amends the existing Cattle Export Charges Regulations under the Cattle Export Charges Act 1990. These regulations primarily affect the rates of charge payable to the National Cattle Disease Eradication Trust Account and the Australian Animal Health Council Limited (AAHC) for cattle exports. Regulation 2 establishes the Amendment's commencement date as 1 December 1996, while Regulation 3 modifies the charge rates. Specifically, it reduces the charge payable to the National Cattle Disease Eradication Trust Account to 25 cents per head of cattle, down from the previous 30 cents (sub-clause 3.1 and 3.2). Additionally, Regulation 4 introduces a new charge rate for the AAHC, setting it at 0 cents per head of cattle, thereby removing the previous 5 cents charge (sub-clause 4.1).
The Amendment imposes specific obligations on parties involved in the export of cattle, particularly on exporters who must now comply with the updated charge rates. Exporter compliance involves ensuring that the correct charge amounts are levied and remitted to the relevant entities. This includes adjusting any systems or processes to reflect the new rates and ensuring that records are maintained to demonstrate compliance. Furthermore, the amendment requires the Australian Government to adjust its billing and collection procedures to align with the new charge rates.
The Amendment also includes provisions regarding penalties and consequences for non-compliance. Although specific penalties are not detailed within the Amendment itself, it is implied that any failure to comply with the Cattle Export Charges Act 1990 and its regulations could result in legal action. Penalties for non-compliance with the Act may include fines and other civil or criminal sanctions as outlined in the primary legislation. The exact penalties would depend on the specific provisions of the Cattle Export Charges Act 1990, but could potentially include fines for non-compliance with charge remittance obligations.