Live-Stock Export Charge Regulations (Amendment)

Overview

The Live-stock Export Charge Regulations (Amendment) 1985 were enacted to address the need for increased funding to support the activities of the Australian Meat and Live-stock Corporation (AMLC). This legislation amends the Live-stock Export Charge Act 1977, which imposes a charge on the export of various livestock from Australia, including cattle, buffaloes, sheep, lambs, and goats. The charge is divided into three components, each allocated for different purposes: financing the AMLC, financing the Australian Meat and Live-stock Research and Development Corporation (AMLRDC), and bovine disease eradication. The proposed amendment specifically increases the charge on sheep and lambs to raise additional funds for the AMLC. This adjustment was recommended by the AMLC and endorsed at the annual general meeting of the industry on 10 May 1985. The new rates, which are set to come into effect on 1 September 1985, aim to support the financing of a national computer-aided livestock marketing system. The change is intended to better equip the AMLC with the resources necessary to enhance livestock marketing practices in Australia.

Scope and Application

The Live-stock Export Charge Regulations (Amendment) 1985 pertain to the Live-stock Export Charge Act 1977, which imposes a charge on the export of cattle, buffaloes, sheep, lambs, and goats from Australia. This legislation applies to any entities or individuals exporting the specified live-stock from Australian territory, encompassing the entire nation. The charge is divided into three components, each serving distinct purposes: funding for the Australian Meat and Live-stock Corporation, financing for the Australian Meat and Live-stock Research and Development Corporation, and bovine disease eradication for cattle and buffaloes. The amendments to the regulations, which were endorsed by the industry and came into effect on 1 September 1985, primarily involve an increase in the charge for sheep and lambs to support the Australian Meat and Live-stock Corporation. The increased rates, as specified in the amendment, are 16.85 cents per head for sheep and lambs, with a ceiling rate of 55.0 cents per head. These amendments are subject to the existing regulatory framework and any applicable subordinate instruments.

Key Provisions

The Live-stock Export Charge Regulations (Amendment) (Statutory Rules 1985 No. 172) primarily modifies the rates at which certain live-stock export charges are levied under the Live-stock Export Charge Act 1977. Specifically, sections 2 and 3 of these regulations increase the charges for sheep and lambs exported from Australia, while maintaining the existing rates for cattle, buffaloes, and goats. The increased charges are intended to raise additional funds for the Australian Meat and Live-stock Corporation (AMLC) (section 2(1)). The new operative rates are 16.85 cents per head for sheep and lambs, effective from 1 September 1985 (section 2(2)). These new rates are lower than the ceiling rates of 55.0 cents per head, which serve as the maximum permissible charges for these animals (section 2(3)). The Act imposes obligations on exporters to pay the specified charges for each animal exported, as adjusted by these regulations (section 3). The charges must be calculated based on the new operative rates and remitted to the AMLC as per the prescribed timelines and methods. Additionally, the AMLC has the responsibility of collecting these charges and ensuring they are properly allocated for their intended purposes. The AMLC is also mandated to use the additional funds raised from these charges to finance a national computer-aided livestock marketing system, as per the government’s endorsement of the AMLC’s recommendation (section 4). Failure to comply with the charge provisions may result in penalties. Although the specific penalties are not detailed in the provided text, typically, non-compliance with statutory obligations related to export charges could lead to fines or other civil penalties as prescribed under the relevant legislation. In severe cases, persistent non-compliance might attract criminal sanctions, depending on the extent of the breach and the discretion of the enforcing authorities. It is essential for exporters to adhere to the stipulated rates and payment obligations to avoid any legal repercussions.