Live-stock Export Charge Collection Regulations

Overview

The Live-stock Export Charge Collection Regulations 1978 were enacted to provide the administrative framework for the collection of the livestock export charge under the Live-stock Export Charge Collection Act 1977. The Act established a charge on the export of livestock to help fund the operations of the Department of Primary Industry, and these Regulations were made to specify the manner in which this charge is to be paid, the information that must be reported by exporters, and the records that must be kept. The Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and aim to ensure the efficient administration and compliance with the charge collection process. The policy objective is to facilitate the orderly and transparent collection of charges from livestock exporters, ensuring that the funds raised are properly accounted for and utilized for the purposes intended by the Act.

Scope and Application

The Live-stock Export Charge Collection Regulations, made under the Livestock Export Charge Collection Act 1977, apply to any person or entity engaged in the export of live-stock from Australia. This includes exporters who must ensure they comply with the requirements for reporting the details of live-stock exported each month to the Secretary of the Department of Primary Industry. The Regulations mandate that these reports include specific information such as the full name and address of the exporter, the number of each kind of live-stock exported, and the corresponding charges payable. These obligations apply to all live-stock exports and are to be reported on or before the 28th day of the month following the export. The Regulations also provide for the appointment of authorized agents who can sign declarations on behalf of the exporter, as per the prescribed form in the Schedule. The scope of these Regulations is nationwide, applying across the Commonwealth of Australia, and they extend to all persons or entities involved in the export of live-stock, regardless of the specific industry or entity type.

Key Provisions

The Live-stock Export Charge Collection Regulations (Regulations) under the Livestock Export Charge Collection Act 1977 (Act) set forth specific requirements and obligations for the collection of charges related to the export of livestock. Under regulation 3, the charge or other amounts payable to the Commonwealth must be made to the Collector of Public Moneys at the office of the Department of Primary Industry in Canberra. This regulation establishes the designated location for all payments, ensuring they are funnelled through a central office for processing and accounting. Regulation 4 requires exporters to furnish the Secretary with prescribed information on or before the 28th day of the month following the month in which the livestock was exported. This prescribed information includes details such as the full name and address of the exporter, the month for which the information is being provided, the number of each kind of livestock exported, and the amount of charge payable for each kind of livestock exported (regulation 4(2)). This information must be accompanied by a declaration signed by a prescribed person—the exporter, the authorized agent, or a director or the secretary of the company if the exporter is a corporation (regulation 4(3) and (4)). The Regulations impose several obligations on exporters of livestock. Primarily, they are required to maintain proper records showing the number and kind of livestock exported each month (regulation 5). These records must be kept for compliance and auditing purposes. Additionally, exporters have the option to appoint an authorized agent to act on their behalf in fulfilling certain obligations under the Regulations (regulation 6(1)). The appointment must adhere to the form provided in the Schedule and be lodged with the Secretary at the Department of Primary Industry (regulation 6(2)). Breaching the provisions of these Regulations can lead to significant consequences. For instance, failure to maintain proper records of the number and kind of livestock exported each month can result in a penalty of up to $200 (regulation 5). This financial penalty serves as a deterrent to non-compliance and ensures that exporters adhere to the record-keeping requirements set out in the Regulations. While the Regulations do not explicitly detail other potential offences or penalties, any failure to comply with the Act or these Regulations could potentially lead to further legal ramifications, including civil or criminal penalties, depending on the severity and nature of the breach.