Dairy Produce Levy Regulations (Amendment)

Overview

The Dairy Produce Levy (No. 1) Regulations (Amendment) 1991 No. 100 was enacted to address the need for updated exotic disease levy rates for the 1991-92 financial year, in line with the recommendations from the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and the Pig Research and Development Corporation (PRDC). This legislative instrument amends various Acts related to livestock and wool levies to implement these recommended rates. The Act was issued by authority of the Minister of State for Primary Industries and Energy, aligning with the policy objective of maintaining and improving the control and eradication of exotic animal diseases. The amendments to the relevant regulations ensure that the prescribed levy rates are updated to reflect the financial needs of the industry for research, development, and disease control purposes, as recommended by industry representatives. The proposed rates are to take effect from 1 July 1991, ensuring timely implementation for the upcoming financial year.

Scope and Application

The Dairy Produce Levy Regulations (Amendment) 1991 No. 100 applies to several acts, including the Australian Meat & Livestock Corporation Act 1977, the Dairy Produce Levy (No. 1) Act 1986, the Laying Chicken Levy Act 1988, the Livestock Slaughter Levy Act 1964, the Meat Chicken Levy Act 1969, the Pig Slaughter Levy Act 1971, and the Wool Marketing Act 1987. These Acts cover various industries, including livestock, dairy, poultry, and wool production, and mandate the imposition of a levy or payment for exotic disease purposes, research and development, and financing of specific corporations. The regulations apply to any person or entity involved in the production, processing, or sale of the specified commodities within the Australian jurisdiction. The regulations establish levy rates for the 1991-92 financial year, taking into consideration recommendations from the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and other relevant bodies. The specified maximum rates for each levy are outlined in the relevant acts, and the Governor-General must not prescribe a rate that exceeds the last recommended rate. The regulations also clarify the drafting style of certain provisions and establish the commencement date for the proposed levy rates, which is 1 July 1991. The scope of these regulations is national, as they apply to the entire Australian jurisdiction. The application of these regulations is extended or restricted through subordinate instruments, such as recommendations from EXANDIS and other relevant bodies. There are no stated exclusions or exemptions in these regulations, and the application is not limited to any specific geographic area within Australia. The regulations aim to ensure the effective management of exotic animal diseases and provide financial assistance for research and development, as well as the financing of specific corporations within the livestock, dairy, poultry, and wool industries.

Key Provisions

The main operative sections of the proposed regulations pertain to the amendment of several Acts, including the Australian Meat & Livestock Corporation Act 1977, the Dairy Produce Levy (No. 1) Act 1986, the Laying Chicken Levy Act 1988, the Livestock Slaughter Levy Act 1964, the Meat Chicken Levy Act 1969, the Pig Slaughter Levy Act 1971, and the Wool Marketing Act 1987. These sections (sections 52, 14, 9, 8, 11, 8, and 127 respectively) provide for the imposition of levies or payments for exotic disease purposes and, in the case of pigs, for the financing of the Pig Research and Development Corporation and the Australian Pork Corporation. The Governor-General is empowered to make regulations prescribing the rates for these levies, taking into consideration any recommendations from relevant entities. The regulations impose specific obligations on the parties governed by these Acts. For instance, section 14 of the Dairy Produce Levy (No. 1) Act 1986 requires the Governor-General to consider recommendations made by the National Farmers' Federation members of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) before making regulations. Furthermore, the regulations must not prescribe a rate greater than the last recommended rate. Similarly, section 6(2) of the Pig Slaughter Levy Act 1971 mandates that the Governor-General must consider recommendations from the Pig Research and Development Corporation before setting the levy rate for financing the Corporation. These obligations ensure that the regulatory framework is informed by industry input and expert recommendations. Breach of the regulations may lead to civil or criminal consequences. For example, failure to comply with the prescribed levy rates may result in penalties as stipulated in the respective Acts. While the specific penalties are not detailed in the explanatory statement, such breaches can generally lead to fines or other sanctions. The maximum rates specified in the relevant Acts serve as a ceiling for the levies, ensuring that the industry does not exceed the allowable limits. Non-compliance with these limits can attract penalties that are proportionate to the severity of the breach, reinforcing the importance of adhering to the prescribed rates. Additionally, the regulations also cover the first year of operation of the exotic disease levy for laying chickens, prescribing a rate of 5.75 cents for research and development and 0.0025 cent for exotic disease purposes. For the Pig Slaughter Levy Regulations, certain changes are aimed at clarifying the drafting style without altering the substantive requirements. The PRDC’s recommendation for an increased levy rate of 55 cents to fund its plans is considered, provided it does not exceed the specified maximum of $1.00 per pig slaughtered. All of these regulatory changes are set to commence on 1 July 1991, ensuring timely implementation of the new levy rates.