EXPLANATORY STATEMENT
STATUTORY RULES 1988 No 110
Issued by the Authority of the Minister for Primary Industries and Energy
LIVE-STOCK EXPORT CHARGE ACT 1977
LIVE-STOCK EXPORT CHARGE REGULATIONS (AMENDMENT)
The Live-stock Export Charge Act 1977 (the Act) imposes a charge on the export of cattle, buffaloes, sheep, lambs and goats. The charge consists of three components, which respectively raise funds for the following purposes:
(a) financing of the Australian Meat and Live-stock Corporation (AMLC)
(b) financing of the Australian Meat and Live-stock Research and Development Corporation (AMLRDC)
(c) bovine disease eradication (only cattle and buffaloes are levied for this purpose).
The Government has decided to accept a recommendation by the AMLRDC to increase the charge components that raise funds to finance its activities. As required by the Act, the recommendation was endorsed at the Annual General Meeting of the AMLRDC on 2 December 1987. The rate increases will commence on 1 July 1988.
Maximum rates are prescribed by the Act for the AMLRDC component and the total of the AMLC and AMLRDC components. The proposed increased rates will not exceed the maximum rates prescribed in the Act.
The present and proposed operative rates and the prescribed maximum rates are as follows:
| Current Rates | Proposed Rates | Prescribed Maximum Rates |
| | (per head) | |
Cattle | | | |
AMLC | $9.80 | $9.80 | — |
AMLRDC | $0.75 | $1.25 | $2.00 |
Total | $10.55 | $11.05 | $18.00 |
Sheep | | | |
AMLC | 27.2 cents | 27.2 cents | — |
AMLRDC | 7.5 cents | 12.5 cents | 20.0 cents |
Total | 34.7 cents | 39.7 cents | 150.0 cents |
Lambs | | | |
AMLC | 27,2 cents | 27.2 cents | - |
AMLRDC | 7.5 cents | 12.5 cents | 20.0 cents |
Total | 34.7 cents | 39.7 cents | 150.0 cents |
Buffaloes | | | |
AMLC | $3.30 | $3.30 | - |
AMLRDC | $0.75 | $1.25 | $2.00 |
Total | $4.05 | $4.55 | $18.00 |
Goats | | | |
AMLC | 16.2 cents | 16.2 cents | - |
AMLRDC | 7.5 cents | 12.5 cents | 20.0 cents |
Total | 23.7 cents | 28.7 cents | 100.0 cents |
The AMLRDC requires the additional funds raised by the increased charges to maintain its research program.
The AMLC and bovine disease eradication components of the charge remain unchanged by these Regulations.
Overview
The Live-stock Export Charge Act 1977 was enacted to address the need for funding the Australian Meat and Livestock Corporation, the Australian Meat and Livestock Research and Development Corporation, and bovine disease eradication, specifically for cattle and buffaloes. The Act was introduced by the Parliament of Australia to ensure that the export of livestock contributes towards these essential activities. The Act imposes a charge on the export of cattle, buffaloes, sheep, lambs, and goats, with three components: one for the AMLC, another for the AMLRDC, and a third specifically for bovine disease eradication. The Live-stock Export Charge Regulations (Amendment) Statutory Rules 1988, issued under the authority of the Minister for Primary Industries and Energy, have increased the charge components for AMLRDC to raise more funds for its research program. This amendment was endorsed by the AMLRDC at its Annual General Meeting and ensures that the increased rates do not exceed the maximum rates prescribed by the Act. The changes reflect the policy objective of enhancing the AMLRDC’s research capabilities while maintaining the existing rates for the AMLC and bovine disease eradication components.
Scope and Application
The Live-stock Export Charge Act 1977 applies to the export of cattle, buffaloes, sheep, lambs, and goats from Australia, imposing a charge on these exports to fund various entities and purposes. This charge is divided into three components: one for financing the Australian Meat and Live-stock Corporation (AMLC), another for financing the Australian Meat and Live-stock Research and Development Corporation (AMLRDC), and a third specifically for bovine disease eradication, which applies only to cattle and buffaloes. The Act, administered at the Commonwealth level, ensures that the funds raised support the specified entities and initiatives. The rates for the charges are subject to maximum limits set by the Act, and any increases must not exceed these prescribed maximums. The Act's application is not restricted by geographic or jurisdictional boundaries within Australia, applying nationally to all exports of the specified livestock. The Act does not explicitly state any exclusions, exemptions, or thresholds, and the application may be further detailed through subordinate instruments.
Key Provisions
The Live-stock Export Charge Act 1977, as amended by the Live-stock Export Charge Regulations (Amendment) Statutory Rules 1988 No 110, imposes a charge on the export of live-stock, specifically cattle, buffaloes, sheep, lambs, and goats. Section 4 of the Act mandates that this charge consists of three components, each designated for different purposes. Firstly, funds raised from the charge are allocated to the Australian Meat and Live-stock Corporation (AMLC), as stated in section 4(a). Secondly, another component of the charge finances the Australian Meat and Live-stock Research and Development Corporation (AMLRDC), as mentioned in section 4(b). Lastly, a third component, applicable only to cattle and buffaloes, funds bovine disease eradication, as outlined in section 4(c).
The Act and subsequent regulations impose obligations on entities exporting live-stock. These obligations include compliance with the prescribed charge rates and ensuring that the correct components of the charge are applied to the exported animals. Specifically, exporters must ensure that the correct amounts are charged and collected for each of the three components, as detailed in the regulations. These charges must be calculated per head of live-stock and must be levied at the rates specified in the Act and the regulations.
The regulations also detail the consequences for non-compliance. Breaches of the Act and regulations can lead to civil or criminal penalties. Under section 22 of the Act, a person who fails to pay the prescribed charge may be liable for a penalty equal to the amount of the charge. Further, under section 23, a person who knowingly makes a false statement in connection with the charge can be subject to a fine. The maximum penalties are not explicitly stated in the regulations, but they are governed by the provisions of the Act, which can include fines and imprisonment for serious or repeated breaches. The regulations aim to ensure that the additional funds raised by the increased charges are used effectively to support the research program of the AMLRDC.