Cattle Export Charge Regulations (Amendment) 1996 No. 166
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 166
Issued by the Authority of the Minister for Primary Industries and Energy
Cattle Export: Charges Act 1990
Cattle Export Charge Regulations (Amendment)
The Cattle Export Charges Act 1990 (the Act) provides that the Governor-General 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 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 four charges components of the Act funding the Meat Industry Council, the Meat Research Corporation, the Australian Meat and Live-stock Corporation and the National Cattle Disease Eradication Trust Account respectively. The rate payable to the National Cattle Disease Eradication Trust Account for chargeable exports (per head of cattle) dealings can be set by regulation.
The regulations decrease the National Cattle Disease Eradication Trust Account component in both instances by 14 cents, implementing Cattle Council of Australia (CCA) recommendations. The rate of the charges is reduced to 30 cents from the previous 44 cents per head exported provided for in the Act. The variation affects only the component paid to the National Cattle Disease Eradication Trust Account, and only adult cattle.
Both of these export charges are complementary to those levies specified in the Cattle Transaction Levy Act 1995. The CCA is recognised as the peak industry body representing cattle producers, the principal levy payers. At its Annual General Meeting held on 29/30 April 1996, the CCA resolved to ask the Minister for Primary Industries and Energy to reduce this charge. This CCA request to the Minister was forwarded on 23 May 1996 (copy attached).
The purpose of the National Cattle Disease Eradication Trust Account is to receive the disease eradication component of cattle industry levies/charges collected by the Commonwealth and to make payments associated with the eradication of any disease in cattle that is endemic in Australia.
The reason for the reduction is the current 'healthy' level of the trust fund, combined with the Brucellosis & Tuberculosis Eradication Campaign projected low program costs post 1997.
Details of the proposed regulations are as follows:
Regulation 1 provides for a commencement date of 1 August 1996.
Regulation 2 provides for the Cattle Export Charge Regulations to be amended by the Cattle Export Charge Regulations (Amendment) Regulations.
Regulation 3 is a citation provision, requiring the omission of "Charge", and substitution of "Charges" for these regulations, to align these regulations with the name of the Act which was changed in 1995.
Regulation 4 is an interpretation provision.
Regulation 5 is a new regulation, prescribing in sub-clause 5(1) in accordance with subparagraphs 6A(1) (d) (v) of the Act, the rate of 30 cents (replacing the current rate of 44 cents), and prescribing in subclause 5(2) in accordance with subparagraphs 6A(3) (d) of the Act, the rate of 30 cents (replacing the current rate of 44 cents).
Overview
The Cattle Export Charge Regulations (Amendment) 1996 No. 166, issued by the authority of the Minister for Primary Industries and Energy, amends the Cattle Export Charge Regulations under the Cattle Export Charges Act 1990. The Act was enacted to establish a charge on the export of cattle from Australia, excluding dairy cattle, and to allocate funds to several entities, including the National Cattle Disease Eradication Trust Account. The amendment responds to recommendations from the Cattle Council of Australia, which represents cattle producers, to adjust the charge rates to reflect the current financial health of the trust fund and anticipated lower costs for disease eradication programs post-1997. Specifically, the amendment reduces the rate of the charge to the National Cattle Disease Eradication Trust Account by 14 cents per head of adult cattle exported, bringing it down from 44 cents to 30 cents. This adjustment aims to ensure the charge remains appropriate given the current financial context of the cattle industry and the expected future costs of disease eradication efforts.
Scope and Application
The Cattle Export Charge Regulations (Amendment) 1996 No. 166 amends the Cattle Export Charge Regulations under the Cattle Export Charges Act 1990, impacting the export of cattle from Australia, excluding dairy cattle. This Act applies to the export activities of entities and individuals involved in the cattle industry, specifically those exporting cattle after holding them for a certain period or where the cattle transaction levy under the Cattle Transaction Levy Act 1995 has not been paid. The regulation sets forth charges for the benefit of specified entities such as the Meat Industry Council, the Meat Research Corporation, the Australian Meat and Livestock Corporation, and the National Cattle Disease Eradication Trust Account. The amendment reduces the charge component payable to the National Cattle Disease Eradication Trust Account by 14 cents per head, affecting only adult cattle, bringing the charge down from 44 cents to 30 cents per head. This change is effective from 1 August 1996 and aligns with the recommendations of the Cattle Council of Australia. The regulation is applicable nationally and does not exclude any particular geographic area within Australia. The Act does not specify any exemptions or thresholds beyond what is outlined in the regulations.
Key Provisions
The main provisions of the Cattle Export Charge Regulations (Amendment) 1996 No. 166, as outlined in the explanatory statement, include the amendment of the existing Cattle Export Charge Regulations to adjust the rates of certain charges imposed under the Cattle Export Charges Act 1990. Specifically, Regulation 5 of these amendments (sub-clauses 5(1) and 5(2)) reduces the rate of charge paid to the National Cattle Disease Eradication Trust Account from 44 cents to 30 cents per head of adult cattle exported. This adjustment aligns with the recommendations of the Cattle Council of Australia and takes into account the current healthy level of the trust fund and the projected low program costs for the Brucellosis and Tuberculosis Eradication Campaign post-1997.
The Act imposes specific obligations on parties involved in the export of cattle, including the requirement to pay the prescribed charges as amended by these regulations. Exporters of cattle must ensure compliance with the updated charge rates, particularly for the National Cattle Disease Eradication Trust Account. The Act also mandates that the charges are complementary to the levies specified in the Cattle Transaction Levy Act 1995, meaning that the export charges supplement rather than duplicate the levies.
Breaching the obligations set forth by the Act may lead to legal consequences. Although the statement does not detail specific penalties, non-compliance with the charge requirements could potentially result in civil or criminal penalties under the Act. The maximum penalties for such breaches would be determined according to the specific provisions of the Cattle Export Charges Act 1990 and any related legislation. These penalties may include fines or other sanctions to enforce compliance and ensure the proper funding of the National Cattle Disease Eradication Trust Account.