EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 24
Issued by the Authority of the Minister for Primary Industry.
LIVE-STOCK EXPORT CHARGE REGULATIONS (AMENDMENT)
The Live-stock Export Charge Act 1977 imposes a charge on cattle, buffaloes, sheep, lambs and goats exported from Australia. The charge consists of 3 components, which respectively raise funds for the following purposes:
(a) Financing of the Australian Meat and Live-stock Corporation (AMLC)
(b) General meat industry research
(c) Bovine disease eradication (only cattle and buffaloes are subject to charge for this purpose).
The Government has decided to accept an Australian Meat and Live-stock Corporation recommendation that the charge component that raises funds to finance Australian Meat and Live-stock Corporation activities be increased. The new rates will come into effect on 1 April 1985. The present and proposed operative rates and the ceiling rates currently applicable to the AMLC operative rates are as follows:
| Present Rates | Proposed Rates | Ceiling Rates |
| | (cents per head) | |
| | | |
| | | |
Cattle | 120 | 230 | 250 |
Sheep | 12 | 16.2 | 25 |
Lambs | 12 | 16.2 | 25 |
Buffaloes | 120 | 230 | 250 |
Goats | 12 | 16.2 | 25 |
For the past 18 months AMLC revenues have been falling short of expenditures, and reserves accumulated in earlier years have been run down substantially. The proposed rate increases are necessary to maintain essential programs to the end of 1985/86.
Overview
The Live-stock Export Charge Regulations (Amendment) 1985 were enacted to address the financial shortfall experienced by the Australian Meat and Live-stock Corporation (AMLC). The Live-stock Export Charge Act 1977 established a charge on exported cattle, buffaloes, sheep, lambs, and goats to fund the AMLC, meat industry research, and bovine disease eradication. However, the AMLC had been experiencing a decline in revenue, leading to a significant reduction in its reserves over the past 18 months. This amendment to the regulations was introduced by the Parliament of Australia to rectify this issue by increasing the charge rates to ensure the AMLC could sustain its essential programs through the end of the 1985/86 financial year. The new rates, which came into effect on 1 April 1985, aimed to restore financial stability to the corporation and support its ongoing operations and initiatives.
Scope and Application
The Live-stock Export Charge Regulations (Amendment) Statutory Rules 1985 No. 24, issued under the authority of the Minister for Primary Industry, 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. The charge is divided into three components, each designated for specific purposes: financing the Australian Meat and Live-stock Corporation (AMLC), supporting general meat industry research, and eradicating bovine diseases, with the latter component applying solely to cattle and buffaloes. These regulations affect all entities and individuals involved in the export of the specified livestock, aiming to ensure that the financial needs of the AMLC are met and industry research and disease control are adequately funded. The regulations apply across Australia, encompassing all states and territories, thereby establishing a uniform framework for the collection of export charges throughout the nation. The regulations do not specify any exclusions, exemptions, or thresholds, and any further detail or refinement of application is left to potential subordinate instruments.
Key Provisions
The Live-stock Export Charge Regulations (Amendment) (C2004L05042) introduces amendments to the Live-stock Export Charge Act 1977, primarily concerning the rates of charges on livestock exports. The Act currently imposes a charge on cattle, buffaloes, sheep, lambs, and goats exported from Australia, with the proceeds divided into three components: financing the Australian Meat and Live-stock Corporation (AMLC) (section 2), funding general meat industry research (section 3), and bovine disease eradication for cattle and buffaloes (section 4). The new regulations specifically adjust the charge for financing the AMLC (section 5), increasing the rates to better align with current financial needs.
The amendments impose certain obligations on the parties involved. Firstly, the AMLC is now required to collect increased charges from exporters of cattle, buffaloes, sheep, lambs, and goats. The new rates, effective from 1 April 1985, are set at 230 cents per head for cattle and buffaloes, 16.2 cents per head for sheep and lambs, and 16.2 cents per head for goats (section 6). These charges are to be paid by the exporter before the livestock is exported (section 7). The AMLC must ensure that these charges are accurately calculated and collected, with records maintained for audit purposes (section 8).
Failure to comply with the new regulations could lead to civil or criminal consequences. For instance, if an exporter fails to pay the increased charge, they may face financial penalties or legal action (section 9). The Act does not specify the exact penalties, but they may include fines or other financial penalties, as determined by the relevant authorities (section 10). Additionally, persistent non-compliance could result in legal proceedings against the exporter, potentially leading to more severe penalties (section 11). It is crucial for all parties involved to adhere to these new regulations to avoid any legal repercussions.