Cattle (Exporters) Export Charge Act 1997

Legislation au C2004A05300 Not in force Act

Legislation content

 

 

 

 

Cattle (Exporters) Export Charge Act 1997

 

No. 211, 1997

 

 

 

 

 

 

 

 

 

 

 

Cattle (Exporters) Export Charge Act 1997

 

No. 211, 1997

 

 

 

 

An Act to impose a charge, payable by exporters, on the export of cattle, and for purposes dealing with the imposition of the charge

 

 

 

Contents

1 Short title..................................1

2 Commencement..............................2

3 Definitions.................................2

4 Imposition of charge............................2

5 No amount of charge payable in certain cases.............3

6 Rate of charge...............................3

7 Charge payable by exporter........................3

8 Regulations.................................3

 

Cattle (Exporters) Export Charge Act 1997

No. 211, 1997

 

 

 

 

An Act to impose a charge, payable by exporters, on the export of cattle, and for purposes dealing with the imposition of the charge

[Assented to 17 December 1997]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Cattle (Exporters) Export Charge Act 1997.

2  Commencement

  This Act commences at the commencement of Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

3  Definitions

 (1) In this Act, unless the contrary intention appears:

cattle means bovine animals other than buffalo.

charge means charge imposed by this Act.

dairy cattle means bovine animals that are, or, if they were not exported from Australia, would be likely to be, held on licensed dairy premises for a purpose related to commercial milk production, including but without limiting the generality of the foregoing, bulls, calves and replacement heifers.

licensed dairy premises means premises that, under the law of the State or Territory in which the premises are situated, are authorised for use as a dairy farm.

marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

 (2) Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Primary Industries Levies and Charges Collection Act 1991.

4  Imposition of charge

  A charge is imposed on the export of cattle (other than dairy cattle) from Australia after the commencement of this Act.

5  No amount of charge payable in certain cases

 (1) The regulations may provide that no amount of charge is payable by exporters 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 charge is not payable on the export of cattle from Australia in respect of any period while the regulation is in force.

6  Rate of charge

 (1) The rate of charge on the export of cattle is the sum of the following amounts per kilogram of cattle so exported:

 (a) the prescribed amount (not exceeding 3 cents), for the purpose of payment to the marketing body;

 (b) the prescribed amount (not exceeding 0.5 cents), for the purpose of payment to the research body.

 (2) For the purposes of calculating charge, the weight of cattle exported is their liveweight described in the bill of lading, or similar document of title, facilitating the export of such cattle.

 (3) Where the liveweight of cattle exported is not described in the bill of lading, or similar document of title, facilitating the export of the cattle, then, for the purposes of calculating charge, the liveweight of the cattle is taken to be 480 kilograms per head.

7  Charge payable by exporter

  The charge payable on the export of cattle from Australia is payable by the exporter of the cattle.

8  Regulations

 (1) The Governor-General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 (2) The Minister may, by notice published in the Gazette, declare that the body specified in the declaration is 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 prescribing an amount 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]

 

 

 

 

 

 

 

 

(160/97)

Overview

The Cattle (Exporters) Export Charge Act 1997 was enacted by the Parliament of Australia to establish a charge on the export of cattle, excluding dairy cattle, from Australia. This Act was introduced to address the need for generating revenue through a specific charge on cattle exports to fund certain purposes, including payments to marketing and research bodies. The Act outlines the imposition of this charge, the circumstances under which no charge may be payable, the calculation of the charge rate, and the responsibility of the exporter to pay the charge. The policy objective is to ensure that the export of cattle contributes to the funding of industry-related activities through the specified charge. This legislation is designed to work in conjunction with the Australian Meat and Livestock Industry Act 1997, commencing at the start of Part 3 of that Act. It provides a framework for the imposition and calculation of the export charge, taking into account the liveweight of the cattle as specified in the bill of lading or, if not available, a standard weight of 480 kilograms per head. The Act also allows for the creation of regulations to manage the charge, with certain recommendations being taken into account by the Executive Council before regulations are made.

Scope and Application

The Cattle (Exporters) Export Charge Act 1997 applies to exporters of cattle, specifically bovine animals other than buffalo, from Australia. This Act imposes a charge on the export of cattle, which is payable by the exporter. It is applicable to any cattle exported after the commencement of this Act, which aligns with the commencement of Part 3 of the Australian Meat and Livestock Industry Act 1997. Excluded from this charge are dairy cattle, which are bovine animals held on licensed dairy premises for commercial milk production purposes. The Act allows for the possibility of exemptions or variations in the charge through regulations, which can be made by the Governor-General and may be influenced by recommendations from specified bodies regarding the prescribed amounts for marketing and research purposes. This Act is a Commonwealth legislation, thereby extending its application across all states and territories of Australia.

Key Provisions

The Cattle (Exporters) Export Charge Act 1997 (section 4) imposes a charge on the export of cattle (excluding dairy cattle) from Australia after the Act's commencement. This Act aligns with Part 3 of the Australian Meat and Livestock Industry Act 1997. The charge consists of two components, each with a prescribed amount that does not exceed 3 cents and 0.5 cents per kilogram respectively, which are payable to the marketing body and research body (section 6). The charge is calculated based on the liveweight of the cattle, which is either described in the bill of lading or, if not specified, defaults to 480 kilograms per head (section 6(2) and (3)). The exporter of the cattle is responsible for paying this charge (section 7). The Act imposes several obligations on the parties it governs. Exporters of cattle must ensure that the charge is paid, according to the prescribed rates and calculated weights (section 4 and 6). The Governor-General has the authority to make regulations that are necessary or convenient for carrying out the Act, including those required or permitted by the Act (section 8(1)). Additionally, the Minister can declare a body whose recommendations regarding the prescribed amounts should be considered when making regulations (section 8(2) and (3)). For breaches of the provisions under this Act, there are civil and criminal consequences. While the Act itself does not specify maximum penalties, breaches of associated regulations or failure to comply with the Act's requirements could result in penalties under other relevant legislation, such as fines or imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional laws or regulations that apply.

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Area of Law
Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Charge payable by exporter

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.