Deer Export Charge Act 1992

Overview

The Deer Export Charge Act 1992, enacted by the Parliament of Australia, was introduced to address a financial need for research and development within the deer industry. The primary objective of this Act is to impose a charge on the export of live deer produced in Australia, with the revenue generated to be directed towards funding industry-related research and development initiatives. This legislative measure aims to ensure that the deer industry benefits from enhanced research capabilities, thereby supporting its growth and sustainability. The Act commenced on 1 July 1992, binding the Crown in right of the Commonwealth, the States, the Australian Capital Territory, and the Northern Territory. Regulations concerning the charge rate and other related matters can be made by the Governor-General, with consideration given to recommendations from the Deer Farmers Federation of Australia or other specified industry organisations.

Scope and Application

The Deer Export Charge Act 1992 applies to live deer produced in Australia that are exported from the country after the Act's commencement on 1 July 1992. The primary objective of the Act is to impose a charge on such exports to raise funds for research and development within the deer industry. This charge is payable by the producer, which is defined under the Primary Industries Levies and Charges Collection Act 1991 as the person who exports the live deer. The Act binds the Crown in right of the Commonwealth, each State, the Australian Capital Territory, and the Northern Territory. Regulations under the Act, which can specify the charge amount not exceeding $20.00 per head, are made by the Governor-General, who must consider any recommendations made by a representative industry organisation, currently the Deer Farmers Federation of Australia. This Act extends its application through subordinate regulations, allowing for the detailed specification of charge rates and other necessary matters.

Key Provisions

The Deer Export Charge Act 1992 (sections 1-9) establishes a framework for imposing a charge on the export of live deer from Australia, with the primary objective of raising funds for research and development in the deer industry. The Act commences on 1 July 1992 and applies to all live deer produced in Australia and exported after this date. It binds the Crown in right of the Commonwealth, each State, the Australian Capital Territory, and the Northern Territory, ensuring the legislation's applicability to all relevant authorities. Under the Act, a charge is imposed on live deer exported from Australia (section 6). The rate of this charge per head is determined either by regulations or, if no specific amount is set, defaults to $10.00 (section 7). The maximum allowable charge per head is capped at $20.00. The producer, defined as the person who exports the live deer from Australia, is responsible for paying this charge (section 8). The Governor-General has the authority to make regulations to specify matters required or permitted by the Act, including the rate of the charge. Before setting the charge amount, the Governor-General must consider any recommendations from the representative industry organisation, which is the Deer Farmers Federation of Australia or another specified organisation (section 9). The Act imposes specific obligations on the parties it governs. The producer of live deer exported from Australia must ensure the charge is paid. The Governor-General is responsible for making regulations that prescribe the rate of the charge, considering recommendations from the relevant industry organisation. The regulations must adhere to the maximum charge limit of $20.00 per head. Additionally, the Act mandates that the funds collected from the charge be directed towards research and development in the deer industry. Breaches of the Act can result in civil or criminal consequences. Although the specific offences and penalties are not detailed within the provided sections, the overarching legislation, the Primary Industries Levies and Charges Collection Act 1991, may outline potential penalties for non-compliance. Typically, such penalties could include fines or other civil sanctions for failure to pay the charge, and potentially more severe criminal penalties for intentional or repeated breaches. The exact nature and severity of these penalties would be further defined in the regulations or the associated collection legislation.