Live-stock Export Charge Amendment Act 1995

Legislation au C2004A04921 Not in force Act

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Live-stock Export Charge Amendment Act 1995

No. 71 of 1995

 

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

[Assented to 30 June 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Live-stock Export Charge Amendment Act 1995.

(2) In this Act, "Principal Act" means the Live-stock Export Charge Act 1977.


Commencement

2. This Act commences, or is taken to have commenced, on 1 July 1995.

Amendments

3. The Principal Act is amended in accordance with items 1 to 5 in the Schedule, and item 6 in the Schedule has effect according to its terms.

__________


 SCHEDULE Section 3

AMENDMENTS OF THE PRINCIPAL ACT

1. Subsection 4(1) (definitions of "cattle" and "Corporation"):

Omit.

2. Subsection 4(1) (definition of "live-stock"):

Omit "cattle".

3. Subsection 4(1):

Insert:

" 'Australian Meat and Live-stock Corporation' means the Australian Meat and Live-stock Corporation continued in existence by section 53 of the Meat and Live-stock Industry Act 1995;

'Meat Industry Council' means the Meat Industry Council established by section 8 of the Meat and Live-stock Industry Act 1995;

'Meat Research Corporation' means the Meat Research Corporation continued in existence by section 166 of the Meat and Live-stock Industry Act 1995;".

4. Sections 7 to 11:

Repeal, substitute:

Rate of charge on export of sheep

"8. The rate of charge on the export of each head of sheep consists of the sum of the amounts referred to in the following paragraphs:

(a) 2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

(b) 24.2 cents or, if another amount (not exceeding $1.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

(c) 12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.

Rate of charge on export of lambs

"9. The rate of charge on the export of each head of lambs consists of the sum of the amounts referred to in the following paragraphs:

(a) 2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;


SCHEDULE—continued

(b) 24.2 cents or, if another amount (not exceeding $1.30) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

(c) 12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.

Rate of charge on export of buffaloes

"10. The rate of charge on the export of each head of buffaloes consists of the sum of the amounts referred to in the following paragraphs:

(a) $4.60 or, if another amount (not exceeding $18.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Rural Industries Research and Development Corporation;

(b) 73 cents or, if another amount (not exceeding $4.00) is prescribed by the regulations, the other amount, for the purpose of payment into the National Cattle Disease Eradication Trust Account.

Rate of charge on export of goats

"11. The rate of charge on the export of each head of goats consists of the sum of the amounts referred to in the following paragraphs:

(a) 2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

(b) 21.7 cents or, if another amount (not exceeding $1.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

(c) 12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.".

5. Subsections 13(2) to (5):

Omit, substitute:

"(2) The power of the Governor-General to make regulations prescribing an amount for the purposes of section 8, 9 or 11 is exercisable only on the advice of the Executive Council given after the Council has taken into consideration the recommendations with respect to the amount made to the Minister by the Meat Industry Council.

"(3) The Meat Industry Council must not make a recommendation to the Minister for the purposes of section 8, 9 or 11:


SCHEDULE—continued

(a) if a motion that the terms of the recommendation be endorsed has not been put before the last general meeting of the Australian meat and live-stock industry convened under section 22 of the Meat and Live-stock Industry Act 1995 before the making of that recommendation; or

(b) if such a motion is so put and defeated.

"(4) The Meat Industry Council must, at the time of making a recommendation of the kind referred to in subsection (3) to the Minister, give the Minister written particulars of the voting in respect of the motion that the terms of the recommendation be endorsed.".

6. Application

The amendments made by this Schedule apply in respect of the export of live-stock after the commencement of this Act and the Principal Act continues to apply in respect of the export of live-stock before that commencement.

 

[Minister's second reading speech made in—

House of Representatives on 7 June 1995

Senate on 20 June 1995)

Overview

The Live-stock Export Charge Amendment Act 1995 was enacted by the Parliament of Australia to amend the Live-stock Export Charge Act 1977. This Act was introduced to address the need for updated definitions and charges related to the export of livestock, ensuring that the regulatory framework remains aligned with the changing landscape of the meat and livestock industry. The amendments aim to reflect the restructuring of entities involved in the industry, such as the Australian Meat and Livestock Corporation, the Meat Industry Council, and the Meat Research Corporation, as established by the Meat and Livestock Industry Act 1995. By updating the definitions and charge rates, the Act ensures that the financial contributions to industry councils and research entities are accurately reflected and managed. The policy objective is to maintain a fair and effective system for funding industry development and research through export charges.

Scope and Application

The Live-stock Export Charge Amendment Act 1995 amends the Live-stock Export Charge Act 1977 to alter the rates and recipients of charges levied on the export of live-stock such as sheep, lambs, buffaloes, and goats. This Act applies to the export of live-stock conducted after its commencement on 1 July 1995, while the Principal Act continues to apply to exports occurring before that date. The amendments specify new rates for charges on each type of live-stock, which are payable to designated entities such as the Meat Industry Council, Australian Meat and Live-stock Corporation, and Meat Research Corporation. The Act also modifies the regulatory framework for setting these charge rates, requiring the Governor-General to act on the advice of the Executive Council, which in turn must consider recommendations from the Meat Industry Council. The Meat Industry Council's recommendations are subject to certain conditions, including a requirement that any recommendation be endorsed by a motion at a general meeting of the Australian meat and live-stock industry convened under the Meat and Live-stock Industry Act 1995.

Key Provisions

The Live-stock Export Charge Amendment Act 1995 amends the Live-stock Export Charge Act 1977. The amendments primarily focus on updating the definitions and charges related to the export of livestock. Under section 3, the Act introduces new definitions for "Australian Meat and Live-stock Corporation," "Meat Industry Council," and "Meat Research Corporation" and removes previous definitions for "cattle" and "Corporation." The rates of charges for the export of sheep, lambs, buffaloes, and goats are specified in the amended sections 7 to 11, with the amounts prescribed for various purposes including payments to industry bodies and trust accounts. Section 13 revises the process for setting these charges, requiring the Governor-General to act on advice from the Executive Council, which must consider recommendations from the Meat Industry Council. The obligations imposed by the Act on parties involved in the export of livestock are significant. Exporters must ensure compliance with the updated charge rates and the new process for determining these rates. The Meat Industry Council is required to make recommendations to the Minister, which must be based on motions put before and considered at the last general meeting of the Australian meat and live-stock industry. Failure to follow these processes or to comply with the specified charge rates can lead to legal consequences. The Act includes provisions for offences and penalties for non-compliance. While the specific penalties are not detailed in the excerpt, the general implication is that failure to adhere to the prescribed charge rates and processes could result in legal action. In the broader context of Australian law, penalties for such breaches could include fines, restitution, or other civil or criminal sanctions as determined by the courts. The maximum penalties would be dictated by the specific nature of the breach and any relevant regulations or subsidiary legislation.

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Area of Law
Animal Law
Instrument
Act
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Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations

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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.