Live-Stock Export Charge Regulations (Amendment)

Legislation au C2004L05036 Regulations Not in force Legislative Instrument

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Statutory Rules

1979 No. 45

REGULATIONS UNDER THE LIVE-STOCK EXPORT CHARGE ACT 19771

WHEREAS it is provided by sub-section 13 (2) of the Live-stock Export Charge Act 1977 that, before making regulations under that section prescribing an amount for the purposes of a paragraph referred to in subsection 13 (3) or 13 (4) of that Act, the Governor-General shall take into consideration any recommendations with respect to the amount made to the Minister by the Australian Meat and Live-stock Corporation established by the Australian Meat and Live-stock Corporation Act 1977:

AND WHEREAS it is provided by sub-section 13 (3) of the Livestock Export Charge Act 1977 that, before making any recommendations in relation to regulations to be made for the purposes of paragraphs 7 (1) (a), 8 (1) (a), 9 (1) (a) or 11 (1) (a) of that Act, the Australian Meat and Live-stock Corporation shall consult the Live-stock Producers Consultative Group and the Meat and Live-stock Exporters and Abattoir Operators Consultative Group, both established by section 41 of the Australian Meat and Live-stock Corporation Act 1977, and such other organisations (if any) as are prescribed for the purposes of that sub-section:

AND WHEREAS it is provided by sub-section 13 (4) of the Livestock Export Charge Act 1977 that, before making any recommendations in relation to regulations to be made for the purposes of paragraphs 8 (1) (b), 9 (1) (b) or 11 (1) (b) of that Act, the Australian Meat and Live-stock Corporation shall consult the Live-stock Producers Consultative Group, the Meat and Live-stock Exporters and Abattoir Operators Consultative Group, the Australian Meat Research Committee constituted under the Meat Research Act 1960 and such other organisations (if any) as are prescribed for the purposes of that sub-section:

AND WHEREAS the Australian Meat and Live-stock Corporation has made recommendations to the Minister of State for Primary Industry with respect to the respective amounts to be prescribed for the purposes of paragraphs 7 (1) (a), 8 (1) (a) and (b), 9 (1) (a) and (b) and 11 (1) (a) and (b) of the Live-stock Export Charge Act 1977:

AND WHEREAS before making the recommendations in relation to amounts to be prescribed for the purposes of paragraphs 7 (1) (a), 8 (1) (a), 9 (1) (a) and 11 (1) (a) of the Live-stock Export Charge Act 1977 the Australian Meat and Live-stock Corporation consulted the Live-stock Producers Consultative Group and the Meat and Live-stock Exporters and Abattoir Operators Consultative Group:


AND WHEREAS no other organization has been prescribed for the purposes of sub-section 13 (3) of the Live-stock Export Charge Act 1977:

AND WHEREAS before making the recommendations in relation to amounts to be prescribed for the purposes of paragraphs 8 (1) (b), 9 (1) (b) and 11 (1) (b) of the Live-stock Export Charge Act 1977 the Australian Meat and Live-stock Corporation consulted the Live-stock Producers Consultative Group, the Meat and Live-stock Exporters and Abattoir Operators Consultative Group and the Australian Meat Research Committee:

AND WHEREAS no other organization has been prescribed for the purpose of sub-section 13 (4) of the Live-stock Export Charge Act 1977:

NOW THEREFORE I, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration those recommendations made to the Minister by the Australian Meat and Live-stock Corporation, hereby make the following Regulations under the Live-stock Export Charge Act 1977.

Dated this fifteenth day of March 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry

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AMENDMENTS OF THE LIVE-STOCK EXPORT CHARGE REGULATIONS2

Commencement

1. These Regulations shall come into operation on 1 May 1979.

Amount per head of cattle exported

2. Regulation 3 of the Live-stock Export Charge Regulations is amended by omitting from sub-regulation (1) “30 cents” and substituting “75 cents”.

Amount per head of sheep exported

3. Regulation 4 of the Live-stock Export Charge Regulations is amended—

(a) by omitting from sub-regulation (1) “3 cents” and substituting “7.5 cents”; and

(b) by omitting from sub-regulation (2) “1.75 cents” and substituting “3.33 cents”.


Amount per head of lambs exported

4. Regulation 5 of the Live-stock Export Charge Regulations is amended—

(a) by omitting from sub-regulation (1) “3 cents” and substituting “7.5 cents”; and

(b) by omitting from sub-regulation (2) “1.75 cents” and substituting “3.33 cents”.

Amount per head of goats exported

5. Regulation 6 of the Live-stock Export Charge Regulations is amended—

(a) by omitting from sub-regulation (1) “3 cents” and substituting “7.5 cents”; and

(b) by omitting from sub-regulation (2) “1.75 cents” and substituting “3.33 cents”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 March 1979.

2. Statutory Rules 1978 No. 145.

Overview

The Statutory Rules 1979 No. 45 are regulations made under the Live-stock Export Charge Act 1977 by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were enacted to implement the recommendations of the Australian Meat and Livestock Corporation regarding the amounts to be prescribed for the purposes of various paragraphs in the Live-stock Export Charge Act 1977. The policy objective of these regulations is to ensure that the prescribed amounts for the livestock export charge are set appropriately, taking into account the advice of relevant consultative groups and organisations such as the Livestock Producers Consultative Group, the Meat and Livestock Exporters and Abattoir Operators Consultative Group, and the Australian Meat Research Committee. The regulations aim to provide a transparent and consultative process for determining the livestock export charge amounts, reflecting the interests of all stakeholders involved in the livestock export industry.

Scope and Application

The Live-stock Export Charge Regulations 1979, made under the Live-stock Export Charge Act 1977, pertain to the export of live-stock from Australia. These regulations apply to the charges levied on the export of cattle, sheep, lambs, and goats, thereby affecting the livestock industry, including producers, exporters, and abattoir operators. They are applicable across the Commonwealth of Australia, extending their reach nationally. The regulations were made following recommendations by the Australian Meat and Live-stock Corporation, which consulted relevant groups such as the Live-stock Producers Consultative Group, the Meat and Live-stock Exporters and Abattoir Operators Consultative Group, and the Australian Meat Research Committee. The primary purpose of these regulations is to amend the rates of the export charge per head for various types of livestock, effectively increasing the financial burden on those exporting cattle, sheep, lambs, and goats. These regulations do not specify any exclusions, exemptions, or thresholds within the text provided.

Key Provisions

The Statutory Rules 1979 No. 45, under the Live-stock Export Charge Act 1977, amend the Livestock Export Charge Regulations to update the amounts per head for cattle, sheep, lambs, and goats exported. Specifically, Regulation 3 is amended to increase the charge from 30 cents to 75 cents per head for cattle, while Regulation 4, 5, and 6 are similarly amended to increase the charge from 3 cents to 7.5 cents per head for sheep, lambs, and goats, and from 1.75 cents to 3.33 cents for the additional charge for sheep, lambs, and goats (sections 2, 3, 4, and 5). The Australian Meat and Livestock Corporation, established under the Australian Meat and Livestock Corporation Act 1977, is required to make recommendations to the Minister of State for Primary Industry concerning the amount to be prescribed for the purposes of the Livestock Export Charge Act 1977. These recommendations must be made after consulting with specified groups: the Livestock Producers Consultative Group and the Meat and Livestock Exporters and Abattoir Operators Consultative Group for certain recommendations, and additionally the Australian Meat Research Committee for others (subsections 13(3) and 13(4) of the Livestock Export Charge Act 1977). Violations of the Livestock Export Charge Act 1977 or the associated regulations may result in various civil and criminal consequences. While the specific penalties are not detailed in the statutory rules, under the primary Act, breaches can lead to penalties that may include fines and, in severe cases, imprisonment. The maximum penalties would be dictated by the relevant sections of the primary Act and may vary depending on the nature and severity of the breach.

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