Cattle Transaction Levy Regulations (Amendment)

Overview

The Cattle Transaction Levy Regulations (Amendment) 1991 No. 367, issued under the authority of the Minister for Primary Industries and Energy, amends the Cattle Transaction Levy Regulations to implement changes to the rates of levies imposed by the Cattle Transaction Levy Act 1990. This Act established a levy on the sale of cattle and bobby calves, their delivery to a processor other than by reason of sale to the processor, and the slaughter or export of cattle on which a levy has not previously been paid. The levy funds the Australian Meat and Livestock Corporation, the Meat Research Corporation, bovine disease eradication, and the National Residue Survey. The amendment to the levy rates was prompted by the successful transition of the Brucellosis and Tuberculosis Eradication Campaign to a monitoring phase and the high level of reserves in the National Cattle Disease Eradication Trust Account, as recommended by the Cattle Council of Australia. The new rates will be effective from 1 December 1991, with the levy for bovine disease eradication decreasing while the other components remain unchanged.

Scope and Application

The Cattle Transaction Levy Regulations (Amendment) 1991 No. 367 applies to all persons and entities involved in the sale, delivery, and slaughter or export of cattle and bobby calves within Australia. The primary focus of the Act is the imposition of a levy on these transactions to fund various entities and activities, including the Australian Meat and Livestock Corporation, the Meat Research Corporation, bovine disease eradication, and the National Residue Survey. The levy applies to the sale of cattle and bobby calves, their delivery to a processor, and the slaughter or export of cattle where a levy has not already been paid. The Act does not specify exclusions but the rates can be adjusted as demonstrated in the amendment, where the rate for bovine disease eradication has been decreased. The amendment applies nationally across Australia, and any further adjustments or specific applications of the Act can be extended or restricted through subordinate instruments issued by the Minister for Primary Industries and Energy.

Key Provisions

The main operative sections of the Cattle Transaction Levy Regulations (Amendment) 1991 No. 367 (the Regulations) primarily focus on amending the rates for the levy imposed under the Cattle Transaction Levy Act 1990 (the Act). Section 3 of the Regulations adjusts the levy rates for bovine disease eradication, while sections 4 and 5 specify the new rates for cattle and bobby calves, respectively. The levy is composed of four components, which finance the Australian Meat and Livestock Corporation (AMLC), the Meat Research Corporation (MRC), bovine disease eradication, and the National Residue Survey (NRS). The proposed rates will come into effect from 1 December 1991. The Regulations impose certain obligations and requirements on the parties governed by the Act. For example, section 3 of the Regulations requires the levy rates for bovine disease eradication to be reduced due to the success of the Brucellosis and Tuberculosis Eradication Campaign. Furthermore, section 4 sets out the new rates for cattle, and section 5 outlines the new rates for bobby calves. The AMLC, MRC, and NRS components of the levy remain unchanged, as per section 2 of the Regulations. Breaches of the Cattle Transaction Levy Act 1990 or the Cattle Transaction Levy Regulations (Amendment) 1991 No. 367 may result in various consequences. Firstly, civil penalties may be imposed for non-compliance with the Act or Regulations. The Act does not specify the maximum penalties for such breaches; however, it is important to note that non-compliance could lead to financial penalties. Secondly, criminal penalties may apply for more serious breaches of the Act, which could result in fines and/or imprisonment, as per section 14 of the Act. The specific penalties will depend on the nature and severity of the breach. It is essential for the parties governed by the Act and Regulations to adhere to the prescribed levy rates and comply with their obligations to avoid any potential consequences.