Dairy Produce Levy Regulations (Amendment) 1992 No. 143
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 143
Issued by Authority of the Minister of State for Primary Industries and Energy
Australian Meat and Live-stock Corporation Act 1977
Australian Meat and Live-stock Corporation Regulations (Amendment)
Australian Wool Corporation Act 1991
Australian Wool Corporation Regulations (Amendment)
Dairy Produce Levy (No. 1) Act 1986
Dairy Produce Levy Regulations (Amendment)
Live-stock Slaughter Levy Act 1964
Livestock Slaughter Levy Regulations (Amendment)
Meat Chicken Levy Act 1969
Meat Chicken Levy Regulations (Amendment)
Pig Slaughter Levy Act 1971
Pig Slaughter Levy Regulations (Amendment)
Relevant sections of the above Acts provide that the Governor-General may make regulations for the purposes of the Acts and, in particular, provide for a levy (or payment in the case of cattle and wool) for exotic disease purposes. Relevant sections are as follows:
Section 52 of the Australian Meat and Live-stock Corporation Act 1977
Section 94 of the Australian Wool Corporation Act 1291
Section 14 of the Dairy Produce Levy (No. 1) Act 1986
Section 8 of the Live-stock Slaughter Levy Act 1964
Section 11 of the Meat Chicken Levy Act 1969
Section 8 of the Pig Slaughter Levy Act 1971
The Exotic Animal Disease Control Act 1989 establishes the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and provides financial assistance for purposes related to the control and eradication of exotic animal diseases.
The financial assistance is provided through a trust account which receives annual industry contributions of approximately $750,000 with expenditure of industry contributions from the account being matched on a dollar-for-dollar basis up to a maximum of $750,000 by the Commonwealth.
It is necessary to prescribe by regulation the operative EXANDIS levy rates for 1992-93. The Acts provide that before making regulations prescribing such rates, the Governor-General shall take into consideration any recommendations made to the Minister by those members of EXANDIS nominated by the National Farmers' Federation (NFF). These recommendations have been received.
The attached table shows the section of each Act relevant to the proposed levies, the amount of each proposed levy payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the proposed Regulations, which would implement the recommended rates, are to commence on 1 July 1992.
ATTACHMENT
PROPOSED CONTRIBUTION RATES 1992-93
1. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION
Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A))
Live-stock Slaughter
Levy Act 1964
(section 6)
Meat Chicken Levy
Act 1969
(paragraph 7(1)(b))
Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c)) | PROPOSED LEVY
0.042 (cent/kg milk fat)
Buffaloes 3.0(cent/head)
Sheep 0.1( " )
Lambs 0.1( " )
Goats 0.1( " )
0.02(cent/meat chicken)
1.0(cent/head)
| SPECIFIED
MAXIMUM
0.066
Nil
0.05
1.5
|
2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION
Australian Meat &
Livestock Corpn.
Act 1977
(subsection 34A(1))
Australian Wool
Corporation Act
1991
(subsection 26(1)) | COMMODITY
Cattle/calves
Wool
| PAYMENT
$
254,265
204,595
|
Overview
The Dairy Produce Levy Regulations (Amendment) 1992 No. 143 were enacted to amend the rates of levies for exotic disease purposes under various Acts, including the Dairy Produce Levy (No. 1) Act 1986 and others. These regulations were introduced to address the need for updated financial contributions to the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) trust account, which is crucial for the control and eradication of exotic animal diseases. The problem or gap these regulations aim to fill is the necessity to adjust industry contributions to match the changing economic and health landscape, ensuring that the industry can continue to contribute effectively to disease preparedness and response efforts.
The amendments were issued by authority of the Minister of State for Primary Industries and Energy, in accordance with the relevant sections of the Acts that empower the Governor-General to make regulations for levy purposes. The policy objective is to align the contribution rates with the recommendations made by EXANDIS members nominated by the National Farmers' Federation, ensuring that the contributions are fair and based on current industry assessments. These amendments, effective from 1 July 1992, reflect the industry's commitment to maintaining robust disease control measures through adequate financial support.
Scope and Application
The Dairy Produce Levy Regulations (Amendment) 1992 No. 143 applies to various entities involved in the dairy, livestock, and meat chicken industries within Australia, specifically targeting the levy collection for exotic disease control purposes. The regulation is made under the authority of the Australian Meat and Livestock Corporation Act 1977, Australian Wool Corporation Act 1991, Dairy Produce Levy (No. 1) Act 1986, Livestock Slaughter Levy Act 1964, Meat Chicken Levy Act 1969, and Pig Slaughter Levy Act 1971. It mandates that the Governor-General establish levy rates recommended by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and approved by the Minister, with contributions intended for the control and eradication of exotic animal diseases. These levies are to be collected from entities involved in the production and slaughter of specified commodities, including dairy produce, livestock, and meat chickens, and will take effect from 1 July 1992. The regulation specifies the rates for each levy as recommended by EXANDIS and aligns with the maximum rates set forth in the relevant Acts.
Key Provisions
The key provisions of the Dairy Produce Levy Regulations (Amendment) 1992 No. 143 relate to the imposition of levies on various agricultural products for the purpose of contributing to the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) trust account. This account is intended to fund the control and eradication of exotic animal diseases. The regulations amend the rates for these levies as recommended by EXANDIS members nominated by the National Farmers' Federation (NFF). Specifically, section 14 of the Dairy Produce Levy (No. 1) Act 1986 is amended to set the levy rate for dairy produce at 0.042 cents per kilogram of milk fat, with a maximum rate of 0.066 cents per kilogram as specified in subsection 7(4A). Similarly, section 6 of the Livestock Slaughter Levy Act 1964 is amended to set the levy rate for buffaloes at 3.0 cents per head, with a maximum of nil as specified.
The obligations imposed by these regulations primarily concern the entities required to pay the prescribed levies. For example, producers of dairy products must contribute to the EXANDIS trust account through the set levy on milk fat. Likewise, entities involved in the livestock slaughter industry must contribute through the specified levy on buffaloes. These contributions are essential for the financial operations of the EXANDIS trust account, which is crucial for managing exotic animal disease risks. The regulations ensure that the required contributions are accurately collected and managed to support the objectives of the EXANDIS fund.
In terms of enforcement and consequences, the regulations themselves do not specify particular offences, penalties, or civil/criminal consequences for breaches. However, the underlying Acts, such as the Australian Meat and Livestock Corporation Act 1977, the Australian Wool Corporation Act 1991, and others, provide a framework for the imposition of penalties for non-compliance with the prescribed levies. Typically, these penalties could include fines or other sanctions as determined by the relevant legislative provisions, although the specific maximum penalties are not detailed within these regulations. The primary focus is on ensuring that the levies are paid as required to maintain the financial integrity of the EXANDIS trust account.