Live-stock Export Charge Amendment Act 1985

Legislation au C2004A03054 Not in force Act

Legislation content

Live-stock Export Charge Amendment Act 1985

No. 15 of 1985

 

An Act to amend the Live-stock Export Charge Act 1977, and for related purposes

[Assented to 7 May 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Live-stock Export Charge Amendment Act 1985.

(2) The Live-stock Export Charge Act 19771 is in this Act referred to as the Principal Act.

Commencement

2. (1) The provisions of this Act, other than sub-section 9 (2), shall come into operation on the day fixed by Proclamation for the purposes of sub-section 2 (2) of the Australian Meat and Live-stock Research and Development Corporation Act 1985.

(2) Sub-section 9 (2) shall come into operation on a day to be fixed by Proclamation, being a day after the day referred to in sub-section (1).


Interpretation

3. Section 4 of the Principal Act is amended by inserting after the definition of “live-stock” the following definition:

“‘Research and Development Corporation’ means the Australian Meat and Live-stock Research and Development Corporation established by section 4 of the Australian Meat and Live-stock Research and Development Corporation Act 1985;”.

Rate of charge on export of cattle

4. Section 7 of the Principal Act is amended by omitting from sub-section (2) “50 cents” and “$3.00” and substituting “$1.00” and “$6.00”, respectively.

Rate of charge on export of sheep

5. Section 8 of the Principal Act is amended by omitting from sub-section (2) “6⅔” and “30” and substituting “13” and “60”, respectively.

Rate of charge on export of lambs

6. Section 9 of the Principal Act is amended by omitting from sub-section (2) “6⅔” and “30” and substituting “13” and “60”, respectively.

Rate of charge on export of buffaloes

7. Section 10 of the Principal Act is amended by omitting from sub-section (2) “50 cents” and “$3.00” and substituting “$1.00” and “$6.00”, respectively.

Rate of charge on export of goats

8. Section 11 of the Principal Act is amended by omitting from sub-section (2) “6⅔”and “30” and substituting “13” and “60”, respectively.

Regulations

9. (1) Section 13 of the Principal Act is amended—

(a) by omitting from sub-section (2a) “Australian Meat Research Committee” and substituting “Research and Development Corporation”; and

(b) by omitting from sub-section (4) “Australian Meat Research Committee” and substituting “Research and Development Corporation”.

(2) Section 13 of the Principal Act is amended—

(a) by omitting from sub-section (2a) “any” and substituting “the”; and

(b) by omitting sub-section (4) and substituting the following sub-sections:


“(4) The Research and Development Corporation shall not make a recommendation to the Minister in relation to regulations to be made for the purposes of paragraph 7 (1) (b), 8 (1) (b), 9 (1) (b), 10 (1) (b) or 11 (1) (b)—

(a) if a motion that the terms of the recommendation be endorsed has not been put before the annual general meeting of the industry convened under section 22 of the Australian Meat and Live-stock Research and Development Corporation Act 1985 that last preceded the making of that recommendation; or

(b) in a case where such a motion is so put—if, by virtue of the application of sub-section 27 (5) of the Australian Meat and Live-stock Research and Development Corporation Act 1985, the motion is defeated.

“(5) The Research and Development Corporation shall, at the time of making a recommendation to the Minister of the kind referred to in sub-section (4), give the Minister particulars in writing of the voting in respect of the motion that the terms of the recommendation be endorsed.”.

Savings

10. (1) Where, by virtue of regulations in force under the Principal Act as in force immediately before the day on which this section comes into operation, an amount was prescribed for the purposes of paragraph (b) of a relevant provision of the Principal Act, those regulations continue in force, on and after that day, until regulations prescribing an amount for the purposes of paragraph (b) of that provision of the Principal Act as amended by this Act come into operation, as if those first-mentioned regulations had been made under and in accordance with the Principal Act as amended by this Act.

(2) In sub-section (1), “relevant provision”, in relation to the Principal Act or the Principal Act as amended by this Act, means sub-section 7 (1), 8 (1), 9 (1), 10 (1) or 11 (1) of that Act, or of that Act as so amended, as the case may be.

 

note

1. No. 68, 1977, as amended. For previous amendments, see No. 180, 1978; No. 75, 1979; No. 83, 1982; and No. 62, 1984.

 

[Minister’s second reading speech made in—

House of Representatives on 20 March 1985

Senate on 16 April 1985]

Overview

The Live-stock Export Charge Amendment Act 1985 was enacted by the Commonwealth Parliament to revise the Live-stock Export Charge Act 1977. This amendment was introduced to address the need to update the rates of charges applicable to the export of various types of livestock, including cattle, sheep, lambs, buffaloes, and goats. The Act also sought to replace the Australian Meat Research Committee with the Australian Meat and Livestock Research and Development Corporation, which was established under the Australian Meat and Livestock Research and Development Corporation Act 1985. The policy objective of this amendment was to ensure that the regulatory framework governing livestock exports remained current and effective in supporting the industry's needs and development initiatives.

Scope and Application

The Live-stock Export Charge Amendment Act 1985 amends the Live-stock Export Charge Act 1977 to revise the rates of charge for the export of livestock and alter the regulatory framework governing these charges. The Act applies to entities engaged in the export of livestock, specifically cattle, sheep, lambs, buffaloes, and goats. The geographic reach of the Act is nationwide, applying to all exports within the Commonwealth of Australia. The Act specifies new charge rates for each type of livestock and modifies the procedure for making recommendations regarding these charges. It designates the Australian Meat and Livestock Research and Development Corporation as the entity responsible for making recommendations to the Minister, subject to certain conditions including the outcome of votes at industry meetings. The Act includes provisions for the continuation of existing regulations until new regulations are made under the amended Act, ensuring a smooth transition. The Act does not specify any exclusions or exemptions from its application, indicating that all livestock exports are subject to the amended charges unless otherwise provided by subordinate instruments.

Key Provisions

The Live-stock Export Charge Amendment Act 1985 amends the Live-stock Export Charge Act 1977 by updating the rates of charge on the export of cattle, sheep, lambs, buffaloes, and goats. Specifically, the Act increases the charge on the export of cattle from 50 cents to $1.00, and from $3.00 to $6.00 (sections 4 and 7). Similarly, it increases the charge on the export of sheep, lambs, buffaloes, and goats from 6⅔ cents to 13 cents, and from 30 cents to 60 cents (sections 5 to 11). Additionally, the Act modifies the definition of "Research and Development Corporation" to refer to the Australian Meat and Live-stock Research and Development Corporation established under the Australian Meat and Live-stock Research and Development Corporation Act 1985 (section 3). It also updates references to the "Australian Meat Research Committee" to the "Research and Development Corporation" in sections 13 (subsections 2a and 4) of the Principal Act, and imposes restrictions on the Corporation's ability to recommend regulations to the Minister (section 9). The Act imposes several obligations on the entities it governs. The Research and Development Corporation is required to give particulars in writing of the voting on any motion endorsing a recommendation to the Minister, and it cannot make such a recommendation if the motion has not been put before the annual general meeting of the industry or if the motion is defeated (section 9). Furthermore, existing regulations under the Principal Act remain in force until new regulations are made under the amended Act (section 10). The Act does not explicitly outline specific offences, penalties, or civil or criminal consequences for breaches. However, given the nature of the amendments, any non-compliance with the updated charge rates or the new obligations on the Research and Development Corporation could potentially lead to legal consequences under the broader legislative framework governing livestock export charges and related activities. The specific penalties would likely be determined by the relevant provisions of the Live-stock Export Charge Act 1977 or other applicable laws.

Legal classification tags

Area of Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Repeal & Amendment
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.