Cattle Transaction Levy Regulations (Amendment)

Overview

The Cattle Transaction Levy Regulations (Amendment) 1993 No. 101, issued under the authority of the Minister for Primary Industries and Energy, amend the Cattle Transaction Levy Regulations 1990. The Cattle Transaction Levy Act 1990 was enacted to address the need for funds to finance the Australian Meat and Livestock Corporation, the Meat Research Corporation, bovine disease eradication, and the National Residue Survey. The 1993 amendment introduces a reduction in the levy rate for bovine disease eradication due to the success of the Brucellosis and Tuberculosis Eradication Campaign and the adequate level of reserves in the National Cattle Disease Eradication Trust Account. This amendment aims to reflect the reduced need for funds in this area while maintaining the overall purpose of the levy to support various industry initiatives. The reduced levy rates came into effect from 1 July 1993, with the National Residue Survey component being removed and replaced by a levy under the National Residue Survey (Cattle Transactions) Levy Act 1992 from the same date.

Scope and Application

The Cattle Transaction Levy Regulations (Amendment) 1993 No. 101 applies to entities involved in the sale, delivery, slaughter, or export of cattle and bobby calves in Australia. The Act imposes a levy on these transactions, which is used to fund the Australian Meat and Livestock Corporation, the Meat Research Corporation, bovine disease eradication efforts, and the National Residue Survey. The amendment reduces the levy rate for bovine disease eradication due to the success of the Brucellosis and Tuberculosis Eradication Campaign and the existing reserves in the National Cattle Disease Eradication Trust Account. The rates for the Australian Meat and Livestock Corporation and the Meat Research Corporation remain unchanged, while the disease eradication levy is reduced from $0.52 per head to $0.46 per head, effective from 1 July 1993. The National Residue Survey component of the levy will be replaced by a levy under the National Residue Survey (Cattle Transactions) Levy Act 1992 from the same date. These regulations implement the changes to the levy rates as recommended by the Cattle Council of Australia and accepted by the Minister for Primary Industries and Energy.

Key Provisions

The Cattle Transaction Levy Regulations (Amendment) 1993 No. 101, under the authority of the Minister for Primary Industries and Energy, amend the Cattle Transaction Levy Act 1990. The Act imposes a levy on the sale of cattle and bobby calves, their delivery to a processor (excluding sales to the processor), and the slaughter or export of cattle on which a levy has not previously been paid. This levy consists of four components that fund the Australian Meat and Livestock Corporation (AMLC), the Meat Research Corporation (MRC), bovine disease eradication, and the National Residue Survey (NRS). Effective from 1 July 1993, the NRS component will be replaced by a levy under the National Residue Survey (Cattle Transactions) Levy Act 1992. The regulations implement a reduction in the rate of the levy for bovine disease eradication, reflecting the success of the Brucellosis and Tuberculosis Eradication Campaign, which has transitioned to a monitoring phase, and the level of reserves in the National Cattle Disease Eradication Trust Account. The Minister has accepted the Cattle Council of Australia's recommendation to decrease this rate. The operative rates and prescribed maximum rates for the levy components are detailed in the regulations. For cattle, the AMLC and MRC components remain unchanged, while the disease eradication component decreases from $0.52 to $0.46 per head. For bobby calves, the AMLC and MRC components also remain unchanged, while the disease eradication component is set at $0.00 per head. These regulations impose obligations on parties involved in cattle transactions, requiring them to pay the applicable levy rates. Failure to comply with these requirements can result in legal consequences. The Act does not explicitly state specific penalties for non-compliance; however, the failure to pay the levy as required could potentially result in civil or criminal penalties under other related legislation, which may include fines or other legal actions. The precise penalties for non-compliance would depend on the specific provisions of the broader legislative framework governing cattle transactions and levy compliance in Australia.