Cattle Export Charge Regulations

Overview

The Cattle Export Charge Regulations 1991 were enacted under the authority of the Minister for Primary Industries and Energy, and they serve to implement a charge on the export of cattle as stipulated by the Cattle Export Charge Act 1990. This Act was enacted to replace older levies and charges on cattle, calves, and bobby calves under the Livestock Slaughter Levy Act 1964 and the Livestock Export Charge Act 1977, aiming to streamline the financial obligations related to the cattle industry. The primary purpose of the Act is to raise funds for the financing of the Australian Meat and Livestock Corporation (AMLC) and the Australian Meat and Livestock Research and Development Corporation (AMLRDC). The policy objective is to ensure that these corporations can continue and expand their marketing, development, and promotional initiatives, thereby supporting the growth and sustainability of the Australian cattle industry. The Cattle Export Charge Regulations 1991 specifically address a recommendation by the AMLRDC to increase the charge component that finances its activities, which was endorsed at the Annual General Meeting on 29 November 1990. The increase in rates, which came into effect on 1 May 1991, ensures that the AMLRDC can meet its financial needs as outlined in its five-year Corporate Plan. The AMLC component of the charge remains unchanged by these Regulations, while the AMLRDC component increases from 0.14 cents to 0.27 cents per kilogram of liveweight, raising the total charge from 1.09 cents to 1.22 cents per kilogram. These measures are designed to maintain and bolster the funding required for the ongoing operations and initiatives of the AMLRDC.

Scope and Application

The Cattle Export Charge Act 1990 applies to the export of cattle in Australia, imposing a charge on such exports to raise funds for the Australian Meat and Livestock Corporation (AMLC) and the Australian Meat and Livestock Research and Development Corporation (AMLRDC). These funds are specifically earmarked for financing the activities of both corporations, including marketing, development, and promotional initiatives. The Act applies to any person or entity involved in the export of cattle, thereby encompassing a broad range of industry participants. The Act operates across the Commonwealth of Australia, replacing the previous levies and charges imposed under the Livestock Slaughter Levy Act 1964 and the Livestock Export Charge Act 1977. The Act's application is facilitated by the Cattle Export Charge Regulations 1991, which implement the charge and specify the rates at which it is levied. These regulations are designed to ensure the smooth transition from the old levy and charge system to the new charge structure, as recommended by the AMLRDC. Any increase in the charge rates is subject to approval and must be endorsed at the Annual General Meeting of the AMLRDC. The regulations also stipulate the maximum rates of charge, ensuring that the levies remain within prescribed limits.

Key Provisions

The Cattle Export Charge Regulations 1991 (No. 52) primarily address the implementation of the Cattle Export Charge Act 1990 (sections 1 and 2). These regulations introduce changes to the rates of the cattle export charge, which is divided into two components: one for the Australian Meat and Livestock Corporation (AMLC) and another for the Australian Meat and Livestock Research and Development Corporation (AMLRDC). The primary requirement is to increase the charge component for the AMLRDC, which is effective from 1 May 1991 (section 3). This adjustment follows a recommendation endorsed at the AMLRDC's Annual General Meeting on 29 November 1990 (section 4). The Act and these regulations aim to replace the older levies and charges on cattle, calves, and bobby calves that were previously imposed under the Livestock Slaughter Levy Act 1964 and the Livestock Export Charge Act 1977 (section 5). The obligations under these regulations primarily concern the calculation and imposition of the charge on cattle exporters. Exporters must ensure that they adhere to the updated charge rates, which are now set at 1.22 cents per kilogram for the combined AMLRDC and AMLC components (section 6). The AMLC component remains at 0.95 cents per kilogram, while the AMLRDC component has increased from 0.14 cents to 0.27 cents per kilogram (section 7). These charges are intended to support the funding of marketing, development, and promotional activities outlined in the AMLRDC's Corporate Plan (section 8). There are no explicit provisions detailing specific offences, penalties, or consequences for breaches of these regulations. However, any failure to comply with the charge requirements could potentially lead to financial discrepancies or regulatory scrutiny. The underlying legislation, the Cattle Export Charge Act 1990, might include provisions that address such breaches, although this is not explicitly detailed in the explanatory statement. The focus of these regulations seems to be on ensuring that the charge is correctly applied and collected to meet the financial needs of the AMLC and AMLRDC (section 9).