Live-stock Export Charge Amendment Act 1990

Overview

The Live-stock Export Charge Amendment Act 1990 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Live-stock Export Charge Act 1977. This amendment was designed to address the issue of the rate of charge on the export of cattle, aligning with the introduction of the Cattle Transaction Levy Act 1990. The Act commenced on the same day as the Cattle Transaction Levy Act 1990. The primary objective of this amendment was to ensure the charge on cattle exports was set at $0.00 per head of cattle exported, which reflects the changes introduced by the Cattle Transaction Levy Act 1990. Additionally, the Act grants the Minister the authority to declare that the amendments made by this Act are taken not to have been made if, after consulting with the Australian Meat and Livestock Industry Policy Council, the Minister is satisfied that the charge scheme established under the Cattle Export Charge Act 1990 is not operating in a satisfactory manner.

Scope and Application

The Live-stock Export Charge Amendment Act 1990 amends the Live-stock Export Charge Act 1977, which applies to the export of cattle in Australia. This Act applies to the Minister for Primary Industries and those responsible for administering the charge scheme established under the Cattle Export Charge Act 1990. The amendment sets the rate of charge on cattle exports to $0.00 per head after the commencement of the Cattle Transaction Levy Act 1990 and provides the Minister with the authority to declare that the amendments do not take effect if the charge scheme is not operating satisfactorily. This Act applies nationally across Australia, governed by the Commonwealth, and its application may be extended or restricted through subordinate instruments. There are no stated exclusions or exemptions within the text of this Act, but its effectiveness depends on the operational context of the Cattle Export Charge Act 1990 and related legislative frameworks.

Key Provisions

The Live-stock Export Charge Amendment Act 1990 makes significant changes to the Live-stock Export Charge Act 1977, primarily altering the rate of charge on the export of cattle and providing mechanisms for potential adjustments to the charge scheme. Under section 3, the rate of charge on cattle exported after the commencement of the Cattle Transaction Levy Act 1990 is set at $0.00 per head of cattle exported, effectively removing the previously established charge. This amendment aims to address specific economic or policy considerations relevant at the time of the Act’s enactment. Entities and parties involved in the export of cattle must comply with the new rate of charge as stipulated in the amended Act. The charge removal aims to streamline the export process and potentially alleviate certain financial burdens associated with cattle exports. The Act also introduces a provision, as detailed in section 4, allowing the Minister to declare that the amendments made by this Act should not take effect if the charge scheme established under the Cattle Export Charge Act 1990 is found to be unsatisfactory. This provision offers a mechanism for regulatory flexibility and responsiveness to the evolving needs of the livestock industry. In the event that the Minister declares the amendments not to be in effect, the Minister must lay a copy of the declaration and the reasons for it before each House of Parliament within 15 sitting days after the declaration is made. Additionally, the Minister is required to publish the declaration in the Gazette as soon as practicable. Failure to publish the declaration does not invalidate the Minister’s declaration, as explicitly stated in section 4(4). This ensures transparency and accountability in the decision-making process. The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, the procedural requirements imposed on the Minister, such as the obligation to lay declarations before Parliament and publish them in the Gazette, are critical to maintaining the integrity of the legislative process. Non-compliance with these procedural obligations could have administrative or political repercussions, though the Act does not prescribe specific penalties for such failures.